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Backup Documents 04/28/2009 Item #16B 3 1683 i MEMORANDUM Date: August 21, 2009 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #09-5176: "Goodland Bridge Repair & Scour Remediation Project" (SR 92 over Marco Bridge) Contractor: Engineer Control Systems Corp. Attached please find one (1) original contract, referenced above (Agenda Item #16B3) approved by the Board of County Commissioners on Tuesday, April 28, 2009. The second original contract has been held in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, please contact me at 252-8406. Thank you. Attachment r ~ v~{V~ Admnistrative Services Division h t ~ Purchasing V \\ -..( V I V1b~ ~)t~ {,!Xl () A // S1l/ I DATE RECEIVED: J L>-v ~ 1; \ l "' \o~ 1683 Purchasing Department 3301 Tamiami Trail East Naples, Florida 34112 Telephone: 239-252-8446 FAX: 239-252-6697 Email: brendabrilhart@collierQov.net www.collierQov.net Date: ) ~ ITEM ROUTED TO: DO NOT WRITE ABOVE THIS LINE Request for Legal Services To: From@ Brenda Brilhart Purchasing Agent 1;/21/0) Re: Contract #09-5176 "Goodland Bridge Repair & Scour Remediation Project (SR 92 over Marco Bridge)" Contractor: Engineer Control Systems Corp. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 28, 2009; Agenda Item 16.B.3 This item has been previously submitted. Auto insurance has been updated. 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. GI Acq uisition siT ech Form sa ndLette rs/MemotoReq uestLega IServices Revised: 4/161109 .x?~92 c>~ t- L--. 1f-\l ~~t U Q v ~ ~ d..- Purchasing Department CoIBer County ~~ 3301 Tamiami Trail East Admnistrative Services DMsion P t^A- /', ~:I~I;~~~~~r~~~~2~~~~8446 / Purchasing /1__~141 Ut-t FAX: 239-252-6697 V ./' ...rr' , ~ \~.. Email: brendabrilhart@colliergov.net ~ d tv 1/p.l..:JI Jt r, www.colliergov.net . l.~ ~ J1,-( "........ P "'^" 1 tJ ~ "l.~./ .- 7' ITEM NO.: O~ ,. P1?-C r () \?J9r DATE RECEIVED:~! I 4 /'}. IS 1J FILE NO.: ...{'M ROUTED TO: 16 B 31 c... ~ , ",--- . , ( .) :I rT' DO NOT WRITE ABOVE THIS LINE '-ft' -,-:I" -;:,.. Request for Legal Services o CC Date: From: Scott Teach Assistant County Attorney Brenda Brilhart ro~;;c v ,~ "\ ' \IJ) l)\;\;l To: Re: Contract #09-5176 Goodland Bridge Repair & Scour Remediation Project (SR 92 over Marco Bridge) Contractor: Engineer Control Systems, Corp. This contract was approved by the BCC on April 28, 2009; Agenda Item 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. GI AcquisitionslT echF ormsandLelters/MemotoReq ueslLega ISe rvices Revised: 4/161109 ~ j RLS # &q- Ift- ~ /Q,P 3 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: eN!' I ,vfel~.. &-/Vt!t.Ol- J 'f~n.l/A.~ ~/<.ItJIUt"1((J1V Entity name correct on contract? 1 Yes Entity registered with FL Sec. of State? ~ Yes Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &lor Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ -t.. Mol \... Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $__ Automobile Liability Bodily Inj & Prop Required $ '" Ml L Workers Compensation Each accident Required $ I ft.\.l L Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type:\.ik.a-d M~ Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? fVlll Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? No No ./ Yes VYes ~Yes -----b,.L- Yes No No No No Provided $ 5' MlL Exp. Date \,It'-tIIY1 Provided $ Z M.l L Exp. Date I l I Provided $ ~_ Exp. Date l , Provided $ ~I Exp. Date C I Provided $ I''') D (')'0 Exp. Date { I Provided $ I M! L- Exp Date 81/"2-1!11 ("J<.. k-t ~4. ~"~ I Provided 'fI..')/),. POb Exp Date ~ Provided $ ( / Exp Date I I Provided $~_ Exp Date ' ' Exp Date Exp Date Yes No Provided $ Provided $ Exp. Date Exp. Date Provided $ (lf~ ~o vYes V Yes Exp Date ~/) No No vYes Yes No VNo ~Yes No V" Yes ~Yes No No t--l \ ~ \ V Yes ~Yes ~Yes ~Yes No No No No ~Yes V Yes V Yes No No No ~Yes No \. ReViewer Initials: ~ Date: '1/1'fl/9 04-COA-a'103 /222 16B3 Colter County Purchasing Department 3301 Tamiami Trail East Naples, Florida 34112 Telephone: 239-252-8446 FAX: 239-252-6697 Email: brendabrilhart@colliergov.net www.colliergov.net Admnistrative Services DMsion Purchasing FROM: Jeff Walker/Ray Carter Risk Management Department Brenda Brilhart ~ PL;> Purchasing Department TO: DATE: June 9,2009 RE: Review of Insurance for Contract No. 09-5176 Goodland Bridge Repair & Scour Remediation Project Contractor: Engineer Control Systems, Corp This Contract was approved by the BCC on April 28, 2009; Agenda Item 16.B.3 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 239-252-8446. C: Marlene Messam RECEIVED JUN - n 2009 "lISK MANAGEMENT GI Acq u isilionslT ech Fo rmsa nd Letters/MemotoRiskforl nsu ran ceReview Revised: 4/16/09 16B3 mausen_g From: Sent: To: Cc: Subject: RaymondCarter Tuesday, July 14, 2009 1 :27 PM BrilhartBrenda 'Francisco Zayas'; mausen_9 RE: 09-5176 Goodland Bridge Repair and Scour Remediation Project Agreed, and as stated earlier no boat no P&1. I will now forward contract to the County Attorney's Office for their review. From: BrilhartBrenda Sent: Tuesday, July 14, 2009 1:25 PM To: RaymondCarter Cc: Francisco Zayas Subject: FW: 09-5176 Goodland Bridge Repair and Scour Remediation Project Raymond, after a long conversation with Frank Zayas with Engineer Controls - there was conflict in bid language and on one page of the bid document it stated that $1,000,000 of Employer's Liability was needed and on the other, it stated $500,000. Since Mr. Zayas has provided all the other coverage requirements, I am comfortable with Engineer Controls meeting the stated requirement of $500,000 on page GC-CA B7. Thanks Brenda From: BrilhartBrenda Sent: Tuesday, July 14, 2009 11:23 AM To: 'Francisco Zayas' Subject: FW: 09-5176 Goodland Bridge Repair and Scour Remediation Project (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability ~ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee Protection and Indemnity ~ $1,000,000 (Including crew) From: BrilhartBrenda Sent: Thursday, July 09, 2009 9:08 AM To: 'Francisco Zayas' 1 1683 .Cc: RaymondCarter Subject: 09-5176 Goodland Bridge Repair and Scour Remediation Project Good morning Frank, please see pages GC-CA-B2 & B3 - and on page GC-CA B7, the box is checked for $500,000. << File: 09-5176 Goodland Bridge Repair and Scour Remediation Project.doc>> 2 www.sunbiz.org - Department of State 16 BP;e l'pf2 "'" ",,/,'1 ,-~ )~ ,ff dr" FLOR1DA DEPARTMENT OF STATE ':I'~'" "f~.;" W,~4~}~ .. DI\'ISI0~ OF CORPOR,\TIO~S ,.~#,..._25't/J!!__ ;':;.~)~~~~,:., ~1;;,rrt: A:;' Home Contact Us E-Filing Services Document Searches Forms Help ~~'fiQus onLJst f\lJ;t)(:ton List Return To List Entity Name Search I Submit I E'(ents Name History Detail by Entity Name Florida Profit Corporation ENGINEER CONTROL SYSTEMS CORPORATION Filing Information Document Number 443404 FEI/EIN Number 592073526 Date Filed 02/08/1974 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 03/24/1981 Event Effective Date NONE Principal Address 1175 NE 125TH ST STE 316 N MIAMI FL 33161 US Changed 03/18/1996 Mailing Address 1175 NE 125TH ST STE 316 N MIAMI FL 33161 US Changed 03/18/1996 Registered Agent Name & Address ZAYAS, FRANK M. 1175 NE 125TH ST STE 316 N MIAMI FL 33161 US Name Changed: 02/22/1990 Address Changed: 03/18/1996 OfficerlDirector Detail Name & Address Title PD ZAYAS, FRANK 1281 N.E. 83 STREET MIAMI FL Title SD ZAYAS, ANGIE 1281 N.E. 83 STREET MIAMI FL Annual Reports http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?action=D ETFI L&inq_ doc _ number=443404... 7/15/2009 www.sunbiz.org - Department of State 1683 Page 2 of2 Report Year Filed Date 2006 01/27/2006 2007 08/23/2007 2008 03/31/2008 Document Images 03/31/2008 -- ANNUAL REPOFn [ 08/23/20Q7-~ ANNUALREf'ORT [ 01/27/2006~:ANNUAL REPORT [ Q2/t2/2QQ5::ANNlJAL REPORT [ 08/1912004 --A.NNUAL REPORT [ QZ/L0J2()D3:-=-ANNUAl.REpQRT [ Q2l21/2()Q~-__ANNU8l.HEPQRT [ 03i19!2001~~_ANNlJ8LBEPQRT [ 01/ZliZQQQ -:ANNlJALREPORT [ ()11Z2/1~8B-:_ANNUALREPORT [ 011Z9/129i~ ~-ANNlJ8LREEQfU [ Qll1f}!J_99L--1\1-J NU8l.BEE'QRT [ Q3lL8!1995~~ANI\lU6L REt'ORT [ Qlj2Zi1995-,"-=-8NNJJALREPORT [ 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 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 Pre_vious On Li~t Next on List EVe_nts N;:iml:!History Return To List Entity Name Search I Submit I I HO,'r:e eCH:l iH:I j [lGi..'ument: Sr~(~;'(hC$ i:~..rdjilq forms i Help j Copyright dod Pr;V~I(Y P(lHck~s (-0PY~-lgilt 2:)07 StatE' of Fior-id;:..l, Dep;:lnmC'n!.: of ~:~:;;tt:~, http://ccfcorp.dos.state. fl. US/Scripts/cordet.exe?action=D ETFI L&inq_ doc ~ number=443404... 7 II 5/2009 Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge) Bridge # 030184 COLLIER COUNTY BID NO. 09-5176 COLLIER COUNTY, FLORIDA Design Professional: TBE Group COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 16B 3 16 B3 TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by TBE Group and identified as follows: Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge) as shown on Plan Sheets 1 through 9. EXHIBIT N: Contractor's List of Key Personnel 16 B 3' PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge) COUNTY BID NO. 09-5176 Separate sealed bids for the construction of Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge), 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 22nd day of January 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 8th day of January 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, Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge), Bid No. 09-5176 and Bid Date of January 22, 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-14) 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 Certificates of Insurance shall be either executed by or countersigned by a licensed GC-PN-1 16 B 31 resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and ten (110) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 22nd day of December 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Is/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director GC-PN-2 16 B 3 1 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Ag reement. 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-14 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 enclosed in another sealed envelope addressed as above. Bids received at the GC-I B-1 16 B 31 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. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC-IB-2 16 B 3 1 Section 5. Sianina 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-I B-3 16831 'r opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. 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 GC-IB-4 16831 actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 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 Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of Collier County business to receive awards. A "local business" is defined as a business that has a valid occupational license issued by Collier County at least one year prior to bid or proposal submission to do business within Collier County 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 by 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 Collier 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 Collier County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e.; the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to GC-IB-5 1683 .~ submit a matching offer to the Purchasing Department which shall be submitted to the Purchasing Department 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), than 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 proposal 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 proposal response will preclude said Bidder from being considered for preference on this solicitation. A vendor 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. 12.4 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. 12.5 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. 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. GC-I B-6 16B3 ~ Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. GC-I B-7 1683 , Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-I B-8 ~ 16831 / COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING lOG" NAPLES, FLORIDA 34112 (239) 252-8446 FAX (239) 252-6697 www.colliergov.net/purchasing ADDENDUM DATE: January 21,2009 TO: Interested Bidders FROM: Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 2, Bid #09-5176 - "Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge)" Addendum #2 covers the following change for the above.referenced solicitation: The bid due date has been rescheduled for January 26, 2009 at 2:30 p.m. CLARIFICATIONS: Two plan sheets and three photos have been enclosed with these responses to clarify some of the answers. Question # 1: With regards to replacing decayed or missing planks at fender access platforms, please provide quantity required in board feet or provide sizes of lumber and quantities required for each size. Answer # 1: There are four fender access platforms, 4'.5" x 6'-8 }'2" each. There are also two small platforms at the very bottom of the ladders; the 14'.0" x 3'.0" wooden walkways connecting these small platforms to the fenders are completely missing. Replace all the wooden planks on the platforms. Existing wood plank dimensions are 2" x 6" spaced at 7" cc. Stringers for the bottom walkway are 2" x 8". See the existing "Access Ladders & Platforms" plan sheets enclosed with this answer for more details. Contractor shall field verify dimensions. Question # 2: With regards to replacing heavily corroded knee braces at lower fender access platform, please provide quantity in pounds or provide sizes, lengths and quantities of members to be replaced. 1683 '4 Answer # 2: These knee braces support the two small platforms at the very bottom of the ladders adjacent to the fenders and are composed of 3" x 3" x 5/16" steel angles. There are two braces per platform (four total). Replace the 3'-4" vertical angles adjacent to the pier cap and the 4'-8 %" angles extending out from the pier cap to the far edges of the platform. Contractor shall field verify dimensions. Question # 3: With regards to applying zinc coating to heavily corroded anchor bolts at fender system ladders and platforms, how many bolts are there to be coated? Answer # 3: There are approximately 60 connection points (total) between the fender system ladders and platforms and the bridge. Apply a zinc coating to the corroded bolts at these connection points. Contractor shall field verify number of connection points. Question # 4: With regards to repair of navigation light system, what is the scope and what are the quantities? Answer # 4: Here are the navigation light system repairs based on the latest bridge inspection report dated 2/28/07. a. Replace the broken lens and plexi-glass protector on the south channel swing navigation light. Repair both inoperable swing navigation lights. b. Repair the broken utility conduit and two broken hangers adjacent to the south centerline navigation light. c. Replace the missing southeast clearance gauge floodlight. Repair the inoperative northwest clearance gauge floodlight. d. Repair the inoperative center west and center east fender lights. e. Repair the unraveling flexible conduit to the North Channel centerline light. This unraveling conduit is exposing the conductors. f. Tighten the loose anchor bolt nuts for the south swing navigation light. Question # 5: With regards to repair or replace spa lied or concrete guardrail posts, how many posts are to be replaced and what is the cubic feet quantity for repair? Answer # 5: For estimating purposes, assume 10 guardrail posts will need to be replaced. Guardrail post replacement costs can be estimated per each instead of per cubic foot; see the FOOT Basis of Estimates Manual Item 536-83-A for details. Question # 6: Under what pay item do we include our cost for construction photos? Answer # 6: Construction photos can be included in the cost of Mobilization. Question # 7: With regards to replacing heavily corroded anchor nuts at end bent # 1, how many are to be replaced? Answer # 7: There are 7 beams with two anchor nuts per beam (14 total). Replace all 14 corroded anchor nuts. 2 16 B 3'1 Question # 8: With regards to tightening backed off anchor nuts @ beams 2-1, 2-7, and 3-7 at bent # 3, how many anchor nuts are there to tighten? Answer # 8: For estimating purposes, assume both anchor nuts at beam 2-1 need to be tightened. Since there are missing anchor nuts at beams 2-7 and 3-7, assume one anchor nut at each beam needs to be tightened. Question # 9: With regards to replacing missing anchor nuts @ beams 2-7 and 3-7 at bent # 3, how many anchor nuts are to be replaced? Answer # 9: Since there are loose anchor nuts at beams 2-7 and 3-7, assume one anchor nut at each beam is missing and needs to be replaced. Question # 10: With regards to removing concrete spills off of concrete deck (which appears to be noted as excess or sporadic excess concrete on drawing # 6 column "H" superstructure repair items), does this work get paid under pay item # 110-4 removal of concrete pavement? And if so, what thickness of removal shall we calculate along with the area given of 160 square yards to arrive at a volume of removal required? Last of all what is the required method of removal? Answer # 10: You are correct that pay item # 110-4, removal of concrete pavement, is the pay item used for removal of the excess concrete noted in the repair plans. The layer of concrete is very thin, probably about 1/8 of an inch thick. See the excess concrete photos enclosed with this answer for more information. For information regarding removal, see the International Concrete Repair Institute (ICRI) Guideline No. 03732 "Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings, and Polymer Overlays." The excess concrete should be grinded down to a concrete surface profile of CSP 1 or CPS 2. Question # 11: Your bid # on the pay item proposal page does not match the bid # on front of proposal package. Please clarify. Answer # 11: TBE was not responsible for compiling the bid documents; however, we reviewed the bid documents sent to us on 12/23/08 and it appears that Bid No. 09-5176 was used consistently throughout the set of documents. 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'" i~1 , i : .;J1, ;. L_L ~ T '):~ ~~ ~~\ '.~ .~ ,:;.-Q - '<).~ ~~~ ~ ~i~ 1J't) ~ ~~~ IJ~-~.J , ~ I r-L \ \ \ "~ Q :[(, ~ Q: ;: '" ~ ">~. ~ Q:~~~ct ~ Cl ...~ h..: <:J ~ ~ ~ ~ .~~ Q."co ""~"~ ,,~og ~ CJ ~:: ~ ~ ~\I) ;::;J w ~ S l>-J . CJ r31 I;:) '" Cl: "'" ~ ~., :::;: I;:) '" ~ it 'D t :l: 0; ," il. ! I ~I It " ,-'~ }- ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 (239) 252-8446 FAX (239) 252-6697 www.colliergov.netlpu rchasing 1683 1 ADDENDUM DATE: January 14, 2009 TO: Interested Bidders FROM: Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 1, Bid #09-5176 - "Good land Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge)" Addendum #1 covers the following change for the above-referenced solicitation: The insurance requirements are being modified for this bid to include USL&H - see attached. If you require additional information please call me at 239/252-8446 or bye-mail at BrendaBri Iha rt@collierQov.net. cc: Marlene Messam, Project Manager 1683-' INSURANCE REQUIREMENTS o CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida. as described in the attached Contract Insurance Requirements form. o The OWNER may procure and maintain property insurance upon the entire Project, if required, to the full insurable value of the Project. If property insurance is obtained by OWNER it shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents o OWNER and CONTRACTOR waive against each other and OWNER's separate 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. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNER's separate CONTRACTORs, Design Consultants and SubCONTRACTORs and shall require each of them to include similar waivers in their contracts. o The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. o 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 this Article 3, and certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if~ny). o The General Liability Policy provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. o Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida o The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the 2 . 16B3~i1 Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONTRACTOR's sole responsibility. o Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. o The CONTRACTOR and/or its insurance carrier shall provide 30 days written notice to the OWNER of policy cancellation or non-renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immedjately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. o Should at any time the CONTRACTOR not maintain the insurance coverage's required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. o If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not" later than ten (10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. 3 16 B 3~' Co~r County ~ COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS TYPE LIMITS (Check) X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutorv Limits and Reauirements X Emplover's Liability X $500,000 $1,000,000 X Protection and Indemnity X $1,000,000 includina Crew $2,000,000 IncludinQ Crew X USL&H Statutorv Limits X Commercial General Liability $1,000,000 per occurrence X $2,000,000 per occurrence (Occurrence Form) bodily injury and property bodily injury and property patterned after the current damage damage ISO form with no limiting endorsements. Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaae damaQe HanQarkeepers LiabilltV $500,000 Der aircraft $1,000,000 per aircraft Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaQe damaQe X Business Automobile $1,000,000 per occurrence X $2,000,000 per occurrence Insurance bodily injury and property bodily injury and property damaQe damaQe Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaae damage Builders Risk Insurance OWNER Will Purchase-Replacement Cost- All Risks of Loss Professional Liability $1,000,000 per occurrence $2,000,000 per occurrence Insurance $1,000,000 aQQreaate $2,000,000 aaareaate INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnificati6n 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. Collier County Board of County Commissioners shall be named as the Certificate Holder, NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name and number shall be included on the certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability and/or Airport Liability where reauired. 4 1683" CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge) BID NO. 09-5176 Full Name of Bidder J;~ i(Jll:l~e ('" C:::;;'" tr20 I <;) V s1 e l4<d . tr. Main Business AddressJJ.:l 5 I'oJ e. lZS 9v-u:f S;,-C "3 I Cp Place of Business-IV 0 Q.. ~ l4..U.A , 1=1- "B'3 I G, J Telephone No~S e 9~ ~ -3 '7 c:. Fax No. ~S 8 9r ~o I CJ State Contractor's License # CCj G 007 I.J 9 4 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in ,the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. c~n...nn..~.~n.nnnnn.nnn.~...~n.~~-Sectjon Break (Next Page).--.---...- .~--. . .-----~-----..........~ GC-P-1 __,L,.:~..... 1683 II BID SCHEDULE Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge) Bid No. 09-5176 Bid Schedule Provided Under Separate File ,~~~~-~-~~~_-_~=~-_-_~_~-~_-~rN_~_-_~~-_~~~~-_Section Break (Next Page)-.nnn.-.-.~--~~N~-~_-_---~-~-~-~-~-"""""'~-~~----~-~ l " I l.l, GC-P-2 16B3-t MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. 1. 2. 3. MATERIAL ~OhCYe;{ ))A l ut MANUFACTURER 5~h.4W ~o/ ~)O --r; v-\v.-t G.oTI Not J "1 AM.4! rf ~ 4. 5. Dated //:2Al>/2<009 / -:b~~~rw.,C;;d~1 )-fk~ 1,1' Idder BY: -.I~ GC-P-3 1683 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (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. Category of Work 1 . c:::::IlJCj s S' '.I ~ l ~ Subcontractor and Address jJ.. ~"A.\. 2. 3. 4. 5. Dated <:3~/~J .::C ~\V\ec"" Ckl <:y,d~tM1' ~/ Bidder BY--n~ . -+i1.....:- ~ - - ,#"~ GC-P-4 16B3 ^f 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 . -' FoR.,DL, A~ e~ldJe. R~/Qc.U)i.flW 1. ~o/a ~D~OA" ~L .i. Reference ';'::) c h U Cole... \I::' c c ..., -S....J I. 1!.... CIv V" lott~ ~. ~ bltc.., WDIU:::.. t:)t::)o t-'''/l>/tl()~ ~.d U o.,.d(. F1.. Ii: 0 T..l. q '"' \ S"lS '6 a.c:;.C , Po..ul1": BAU'i ~. P. E. c::::'ac.... IV ~ AE/tH lNJ 87: C~ III .....(' 2 iflf:) ~ . 5. .L(t:>n'felt&y ~OAIJ 2. n~ LlO RO~D B rtJ.. ~ D.. ;JAIN ~ 4 Q.,,. , N Coo a:1ft . ~ ~W.1=Qr~ ~A.D Bt"\J~ ~ H Af.JTl N Q,o.-"'1 C-~ ~~ts) 3 RepAIR. \4 ~rl&.t:~ P'tltc!o c,~ c.4 -:tU1tt. Mo th,aal., 31:"",~,,<"..~ stlM.-W i:1uJ,. ~. ~F'l~ 3. 6. 4. 5. i. . Datedda... "2t;;.. 21!:O 9 BY: GC-P-5 TRENCH SAFETY ACT 1683 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. Datedd~ ~~ 2-C>6[ ~~ 1 JtU.y Cl()-Itwl g't',rJ~. J,.{.. der ;r BY: -- ~~-:f/7J .4- GC-P-6 16 B 3 ~ AFFIDAVIT FOR CLAIMING STATUS AS A lOCAL BUSINESS ITB#: 09-5176 - Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge) STATE OF FLORIDA and the COUNTY OF COLLIER BIDDER 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; "Local Business" means a business that has a valid occupational license issued by Collier County at least one year prior to bid or proposal submission to do business within Collier County 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 by 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 Collier 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 Collier County's tax base, and residency of employees and principals of the business within Collier 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. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to Collier County will lose the privilege to claim Local Preference status for a period of up to one year. Please provide the following information for the Bidder: Year Business Established in Collier County: ~ Number of Employees (Including Owner(s) or Corporate Officers): ,t) /A Number of Employees Living in Collier County (Including Owner(s) or Corporate Officers): ;:.J / A GC-P-7 16 B 3(~ If requested by the County, bidder will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in bidder's submission being deemed not applicable. Bidder Name Signature Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of . 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) ,........ ............... ..... ............. ............ ..... Section Break (Next Page).. .............. .............. ............................. GC-P-8 16B3~ Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within ninety (90) consecutive calendar days, computed by excluding the. commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within twenty (20) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfullv Submitted: State of FL Countyo~ JAAI DRDE' 'F(:LAI-,) I<.. H. ZA. ~~S , being first duly sworn on oath deposes and says that the Bi der 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. -.Ff1 A 1VJc.. H. ~ ~A5 , also deposes and says that it has examined and care1'Glly 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 1683 '" (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of ~~ ~ \ (J,6. , which oflerates u~er the legal name .of E___ce.... r~A)~ s.,rLeVtAJ I e.DP~ ' and the full names of Its o I rs are as follows: President~p U K H. 2"...7 JlttS Secretary A )l'\.J e.14 Co.. Z::. YAS Treasurer Manager The is authori7Art to c;:,iQR een;:tL. uctlon oids and I.iVIIL. c:u~ll:j fI." 1I1~ company by 86ti9fl of its 6oa!:d ef Direttol;:t 1aken a certified copy of whit'h is 1=lc!1 du i:lllCll.ih~J (~ll ike aLlt tRia lest seAt9R~e if not eppliNlhle ). (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.l~gal name of: i ., , (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED legal entity GC-P-10 1683 ' Wltn 55 ~ w.~ - STATE OF YL COUNTY OF j-t l Q a.uA - ~ f}I: The foregoin instrument was acknowledged before me this 2t. day of -:r~ K 1.)0 fUt 2009, by ~ "2A , as -,::>~s, t) (2 ....Tf of e r COI4.J 0 . , a '+=toQ.c (JIA corporation, on behalf f the corporation. she is ~"y known ~e or has produced as identification and did (did not) take an oath. My Commission Expires: ALJ9.!s+ ::201 X>I-:;). ..J!"'y'~. YUJAlNA GONZAU!Z (flii1g MY COMMISSION" 0081631<4 ~ EXPIRES August 20. 2012 (407) 39&-0153 FlOtlOaN .com NAME: ~-~ 01110- (Si re of Not ) Vtj1t'r)(] AOn7(J ~ (Leg y Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Bar idCl Commission No.: DD~ Iln314- ._w~_~w~~on Break (Next Page~ GC-P-11 / ,. !O,-a-:S--J BID BOND KNOW ALL MEN BY Engineer Controls Systems Corp. THESE PRESENTS, that we (herein after called the Principal) and Great American Insurance Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of Ohio with its principal offices in the city of Cincinnati and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners of Collier County (hereinafter called the Owner), in the full and just sum of Five Percent of Amount Bid dollars ($ -5%- ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators. and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install. and fully complete the Work on the Project known as Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco. Bridge) Bid No. 09-5176 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid. and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, ...16 B 3 :4 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 22nd day of January 2009 2009. Engineer Controls Systems Corp. Principal BY Michael B net eSI en gent Local Resident Producing Age t for Brown and Brown of Florida, Inc. (Seal) Surety (Seal) 16 B 31 GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET · CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No. 0 18528 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorncy-in- fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address BOTH OF MIAMI LAKES, FLORIDA Limit of Power BOTH $75,000,000 MICHAEL BONET MICHAEL A. HOLMES This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-[act named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 14TH day of MARCH 2008 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON _ ss: DAVID C, KITCHIN (513-412-4602) On this 14TH day of MARCH 2008 , before me personally appeared DAVID C. KITCHIN, to me known. being duly sworn, deposes and says that he resides in Cincinnati, Ohio. that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed LO the said instrument is sllch corporate seal: that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insllrance Company by unanimous written consent dated March I, 1993_ RESOLVED: That the Divisional Presiden!. the Divisional Senior Vice Presiden!. the several Di~'isioual Vice Presidents and Dil'isonal Assistant Vice Presidents. or any one (~r them. be and hereby is authori~ed. from time to rime. to appoint one or /I1ore Attorneys-in-Fact to execute on behalf of the Company, as surety, auy and all bouds, undertakings aud contracts oj suretyship. or other wrilten obligations in the nature thereof; to prescribe Iheir respective dllties and the respective limirs of their authoriry; and to revoke any such appointment at allY lime, RESOLVED FURTHER: That the Compauy seal mId the signature of auy of the aforesaid officers and any Secretary or Assistant Secretary of rhe Company may be affixed byfac.I'imile to any po.....er of attorney or certificlIte of either given jI.lr the execution (!( any bond. undertaking. contract or suretyship, or Olher .....rirten obligation in rhe nature thereof. such signature and seal )..hen Wi used being hereby adopted by the Company as rhe original signature of such officer aud rhe original seal of rhe COn/prIllY. to be valid and binding 111'011 the Company with rhe same force and effecr as though manually affixed. CERTIFICATION r. RONALD C. HAYES. Assistant Secretary of Great American Insurance Company. do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 22nd day of Jaruary 2009 S1029W (6/07) c<l N "" N o CXl N CXl o CXl o ..:l =*I: a w zf/) o H 8 < ...:I l:)Q ~~ P:O lQ ...:I <0 ZZ OH HtIl tIlZ tIllSl c:( I':iIU O fJ:.H 0..:1 ~ re>t o cr: ~ .~~ Om~ W . .t1}f-i t(i!~ .: ~,'"mtl"".... i . P ISl JZ.O:: tIl OE-t Z tIl ISl f-4Z U ZO H ISlU H ~ ~ f:1. ISl Q N C> r- LO l.{) 0'> ('Y) .... (.) <t.: Q .. M....r-t PlHOcYl 01Z1 f-4HIOO .. C7\ u f:t r:: p ~. . ..c~' 0 ..c ~. "~SIo1'~ ~ ...rf U.. :....~.. .. .2...... CD co O~>+l O),U HO III (;) . ~'O CD :i~...~ r:: otl:: ri CD 0 o. . ..s. e...d. ...... NoQ)J +l . '0 III . CD~~~ N CD CD.rf " CUEi'O ~ CD .d ftJ1': >< o f>i Z l:l rz;- ~.. cr: r-t :g>\ ~ \'cYl ...;tf.l;c cYl ::gj H 8 IZ1 . .t!) . : ~.E-t , JlJ fs1 oM tIll1:: ...:18 Otll ):11:: t~ ~O~H ~U~~ JZ.11:: H MJS1): ..MZ tIlZ = <H1Il8 l>tOr--11:: ~t1~~ 16 B 3i J o CI ~l>t QI1:: < .8 ~M 11:: tIlU MM ..:lfJ.l a u ~ ~ m o w go; ::> a w 0:: ~ ~ a. (/) 5 B. en H cr:p::; .~~ ~~ 11::8 ~ U 1683. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. ~ The Bid has been signed. 2. /' The Bid prices offered have been reviewed. 3. /'. The price extensions and totals have been checked. 4. r;;- Any required drawings, descriptive literature, etc. have been included. 5. /' /;::':-ny delivery information required is included. 6/, I~ocal Vendor Preference Affidavit completed.j 7. If required, the amount of Bid bond has been checked, and the Bid bond or / cashiers check has been included. 8.' Any addenda have been signed and included. '\ 9. The mailing envelope has been addressed to: \, Purchasing Director ", Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: <=>Bid Number; <=>Project Name; ..-.;,. <=>Opening Date. 11. The Bid will be mailed or delivered in time to be received no later than the specified openinQ date and time. (Otherwise Bid cannot be considered.) ~ v ~Q 11 :;)", l~O DATE: -Section Break (Next Page) GC-P-14 ---- ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 (239) 252-8446 FAX (239) 252-6697 www.colliergov.net/purchasing 1683 ADDENDUM DATE: January 14, 2009 TO: FROM: I nterested Bidders Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 1, Bid #09-5176 - "Good land Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge)" Addendum #1 covers the following change for the above-referenced solicitation: The insurance requirements are being modified for this bid to include USL&H - see attached. If you require additional information please call me at 239/252-8446 or bye-mail at BrendaBrilhart(B>.collieroov. net. cc: Marlene Messam, Project Manager /Ze~/ ~ 1:2 ~_.., 16831 ~ COlliER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 T AMIAMI TRAIL EAST ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 (239) 252-8446 FAX (239) 252-6697 www.colliergov.net/purchasing ADDENDUM FROM: Brenda Brilhart, Purchasing Agent ~~/?rl ( I'>> DATE: January 21,2009 TO: I nterested Bidders SUBJECT: Addendum # 2, Bid #09-5176 - "Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge)" Addendum #2 covers the following change for the above-referenced solicitation: The bid due date has been rescheduled for January 26, 2009 at 2:30 p.m. CLARIFICATIONS: Two plan sheets and three photos have been enclosed with these responses to clarify some of the answers. Question # 1: With regards to replacing decayed or missing planks at fender access platforms, please provide quantity required in board feet or provide sizes of lumber and quantities required for each size. Answer # 1: There are four fender access platforms, 4'-5" x 6'-8 Y:z" each. There are also two small platforms at the very bottom of the ladders; the 14'-0" x 3'-0" wooden walkways connecting these small platforms to the fenders are completely missing. Replace all the wooden planks on the platforms. Existing wood plank dimensions are 2" x 6" spaced at 7" cc. Stringers for the bottom walkway are 2" x 8". See the existing "Access Ladders & Platforms" plan sheets enclosed with this answer for more details. Contractor shall field verify dimensions. Question # 2: With regards to replacing heavily corroded knee braces at lower fender access platform, please provide quantity in pounds or provide sizes, lengths and quantities of members to be replaced. 16 B 34 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Engineer Control Systems, Corp ("Contractor") of 1175 NE 125 Street, Suite 316, North Miami, Florida 33111 a corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge), Bid No. 09-5176 ("Project"), as said Work is set forth in the Plans and Specifications prepared by TBE Group, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: five hundred forty two thousand, nine hundred ninety eight dollars and twenty cents. ($542,998.20) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, In the form GC-CA-15 T .. n~ l"'II'~" 1" r "......'""'""'.".,.,."..",, ..-",,,., 16 B 31 prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and liquidated 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 within ninety (90) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within twenty (20) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand four GC-CA-16 16 B 3,1 hundred and twenty three dollars ($1,423.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and GC-CA-17 16 B 3~ ; . 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 TBE Group and identified as follows: Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge) as shown on Plan Sheets 1 through 9. Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Marlene Messam, Project Manager Transportation Engineering & Construction Services 2885 S. Horseshoe Drive Naples, Florida 34104 (239) 252-5773 GC-CA-18 1683'4 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: Engineer Control Systems, Corp. 1175 NE 125 Street, Suite 316 North Miami, Florida 33161 305-895-4376 Fax: 305-895-0019 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and 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. GC-CA-19 16834 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. 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-CA20 16831 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSSJj;;? ~/ FIRST WITNESS S ~ A. N e; It:. ZA YAS Type/Print Name Date: ~ ~ d1 ,. cJVt?l ATTEST: , ' / DwightE. Brock~ Clef~ BY: ~ ii~~. AtWtt ' .' 'fNfIII, If', ,.... Approve"~If!\"rm and Legal Sufficiency: Print Name: ~:lf /2J -- L- Aooi3tdlll 60unty Attorney ~ CONTRACTOR: Engineer Control Systems, Corp OWNER: BY: Item# 1iol>'3 Agenda 4"'Z.~"'Oty Date _ Date <6 -61,.,a Rae'd ...!U GC-CA21 1683 This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: GREAT AMERICAN INSURANCE COMPANY 1060 MAITLAND CENTER COMMONS BLVD SUITE 100, MAITLAND, FL 32751 866-768-5959 Bond Number: 1505667 Contractor Name: ENGINEER CONTROLS SYSTEMS CORP 1175 NE 125TH STREET STE 316 NORTH MIAMI, FL 33161 Owner Name: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 3301 T AMIAMI TRAIL EAST NAPLES, FL 34112 Project Number: 09-5176 Project Description: GOOD LAND BRIDGE REPAIR & SCOUR REMEDIATION PROJECT (CR92 OVER MARCO BRIDGE) Project Address: COLLIER COUNTY, NAPLES, FLORIDA Legal Description of Property: GOODLAND BRIDGE REPAIR & SCOUR REMEDIATION PROJECT (CR92 OVER MARCO BRIDGE) This is the front page of the bond. All other pages are subsequent regardless of the pre-printed numbers. 1683 EXHIBIT A PUBLIC PAYMENT BOND Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge) Bond No. 1505667 Contract No. 09-5176 KNOW AlL MEN BY THESE PRESENTS: That Engineer Controls Systems, Corp. 1175 NE 125th Street, Ste 316, North Miami, FL 33161 I as Principal, and Great American Insurance Company , as Surety, located at 1060 Maitland Center Commons Blvd., Suite (Business Address) are held and firmly bound to Board of County CommIssIoners of Collier, as Obligee in the sum of Five Hundred Forty Two Thousand Nine Hundred Ninety ElghtUUUUJ.u20/1 0 ($ 542,998.20 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, Jointly and severally. .. I WHEREAS, Principal has entered Into a contract dated as of the _ day of 2009. with Obligee forGo odland Bridge Repair & Scour Remediation Project (CR92 Over Marco Bridge) in accordance with drawings and speclftcatlons, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BONp is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or Indirectly by Principal in the prosecution of the work provided for In the Contract. then this bond is void; otherwise It remains in full force. Any changes In or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable In the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this Instrument this day of 2009, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. GC-CA-A-1 16 B 3:1 / PRINCIPAL =--~:;n:a; Engineer Controls Systems Corporation BY:~ NAME: tJ-IG ~A ~ ITS: ~E.~ i..re, STATE OF F'lo e I-!Yf COUNTY OF /'11 A /..If ,. --YA:De The foregoing Instrument was acknowledged before mjtjhls 1.2. day of HAY 20~, by FJ3AiVK. ZAYAS I as ~-r'eE.~'I.:!)e;I,.)"r of E.tJGt IlJGee C o",,'nwl 5ys'\eu..$, CDleE, a .EJ ()(G (,J)A corporation, on behatf of the corporation. He/she is pelSona/lV known to me OR has produced as identification and did (dl(f not) take an oath. My Commission Expires: Au u5+.?Oj ~d lJ. . ,:,,~.no )nr.1l ~" OIL :#':~~ YUJAINA GONZALEZ ~Jr ot Not~~tf {?"I;j~} MY_COMMISSION#DD~16314 NAME: ", H~inG E1orzzeclCz. ~ EXPIRES August 20, 2012 ~ry Printed) (~07) 398-0153 FIOf<oaNotaryServlC<! com (AFFIX OFFICIAL SEAl) Notary Public, State of '. J:-~ Commission No.: .PI.:2.@_ '-- SURETY: ATTEST: Great American Insurance Company (Printed Name) 1060 Maitland Center Commons Blvd Suite 100 Maitland, FL 32751 (Business Address See Power of Attorney Attached (Authorized Signature) Witnesses to Surety (Printed Name) GC-CA-A-2 1'6 B 31 OR l~(\~(}It ~~ As Attomey in Fact (Attach Power of Attorney) Michael Bonet, Attorney-In-Fact & Florida Resident Agent (Printed Name) ~i~ 1060 Maitland Center Commons Blvd Suite 100 Maitland, FL 32751 (Business Address) 866-768-5959 (Telephone Number) STATE OF Florida COUNTY OF Miami Dade The foregoing Instrument was ac~nowledged before me this ~ day of May , 2009, by Michael Bonet , as Attorney-In-Fact of Great American Insurance Company Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as Identification and who did (did not) ::eC:::l:lon expires: ~ ~~ ~~v - , (Signature) - Official Seal SUSAN FERNANDEZ Name: Susan Fernandez MyNo,ta,!! PubNc, Stare 01 Florida (Legibly Printed) IIU",m, ExDIres Apri!20 2012 No, 00780500 ' (AFFIX OFFICIAL Notary Public, State of: Florida Commission No.: 00780500 aC-CA-A-3 16B3~;~ EXHIBIT A PUBLIC PERFORMANCE BONO Goodland Bridge Repair & Scour Remediation proJoct (CR 92 over Marco Bridge) Bond No. 1505667 Contract No. 09-517.6 KNOW ALL MEN BY THESE PRESENTS: That Engineer Control~ Systems, Corp. 1175 NE 125th Street, Ste 316, North Mi~rws ~~al. and Great American Insurance Company I as Surety, located at 1060 Maitland Center Commons Blvd., Suite 100 (Business Address) are held and flnnly bound to Board of Count Commissioners of Collier County , as Oblf~ee In the sum of Five Hundred Forty Two Thousan me un re me y Ight'uuUJ. u20/100 ($ 542,998.20 ) 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 Goodland Bridge Repair & Scour Remediation Project (CR92 Over Marco Bridge) in accordance with drawfngs 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, alt delay damages, whether liqUidated or actual. Incurred by Obligee; and 3. Performs the guarantee of all work and materials furnisned under the Contract for the time specified in the Contract, then thIs bond Is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time. alteratIons or additions to the terms of the Contract or other work to be performed hereunder, or the specfficatlons referred to therein shall in anywise affect Its obligations under this bond, and It does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. GC...cA-A-4 168 3'~ ThiS Instrument shall be construed in all respects as a oommon 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 I the above parties have executed this Instrument thIs _ day of , 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. 8ea~, and d{;IIVared) In the pres~ce of: t / / / PRINCIPAL /' Engineer Controls Systems Corporation Bv:-~i: NAME: FeA;"-' K A y" ~ ITS: 'Pee S I ::De....,,- STATE OF 'Flo 1Z i J:>A COUNTY OF "1 j A. twt I .:DA..:oe The foregoing Instrument was acknowledged before me this ~ day of MA. y . 2009, by reA"'" J<; ZA yA ~ I as 'Pe eSI..])e;""T of E."';~,"t.)EelZ CtllVT'eo I e;ys""H-t"'.CD~p a F f 0 ~ i .J)A corporation, on behalf of the corporation. He/she Is personally known 10 me O~ has produced as Identification and did (did not) take an oath. My Commission Expires: AJgu.5t.;lO, ~l~ I L I j~ :1'10.) rJru, I1..Q OOA.. . ~) ~~ Name: "uiaino 6otvG\ez. ([8Q'ii1'iy Printed) Notary Publlo, State of: ~ CommJsslon No.: "pn-g I lD3L4 _#...:~_ YUJAINA GONZALEZ ~.r ',f:*~ MY COMMISSION # DD816314 ~~$: EXPIRES August 20,2012 ",,.,\\ 1 N I com GC-CA-A-5 J 16831 ATTEST: SURETY: Great American Insurance Company (Printed Name) 1060 Maitland Center Commons Suite 100 (Business Address) (Authorized Signature) Power of Attorney A!!fl_~~ed Wjtnes~8 to /' OR (Printed Name) \~\V~O~ ~l* As Attorney In Fact (Attach Power of Attorney) Michael Bonet, Attorney-In-Fact &Florida Resident Aaent (Printed Name) 1060 Maitland Center Commons Blvd Maitland, FL 32751 ~~, (Business Address) 866-768-5959 (Telephone Number) STATE OF Florida COUNTY OF Miami Dade The foregoing instrument was acknowfedged before me this ~ day of May ,2009, by Michael Bonet t as Attorney-In-Fact of Great American Insurance Company I a N/A Surety, on behalf of Surety. HelShe Is personally has produced N/A 8S Identlfl take an oath. --' My Commission expires: - OffICial Seal SUSAN FERNANDEZ Notary Public. Stale of Florida My Comm, Expires April 20. 2012 No. 00780500 ........t! (A Name: Susan Fernandez (Legibly Printed) Notary Public, State of: Florida Commission No.: 00780500 GC-CA-A-6 ----~ 16B3r<: GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET · CINCINNATI, OHIO 45202 · 513.369.5000 · FAX 513.723.2740 The number of persons authoriLed by this power of attorney is not more than TWO No,O 18528 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominatc, constitute and appoint the pcrson or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on bchalf of the said Company. as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below, Name Address BOTH OF MIAMI LAKES, FLORIDA Limit of Power BOTH $75,000,000, MICHAEL BONET MICHAEL A. HOLMES This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1ST day of APRIL 2009 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C KITCHIN (513-412-4602) On this 1 ST day of APRIL 2009, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice Presidcnt of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instnllnent is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority, This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent datcd June 9,2008, RESOLVED: Tlullthe Divisional Presidenr, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoinl one or more Attorneys-in-Fact to execute on behalf of the Company. as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid (!{ficers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, colltract of,mretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, 10 be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Grcat American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not bcen revoked and are now in full forcc and effect. Signed and sealed this day of S1029Y (10/08) 16B3~ This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: GREAT AMERICAN INSURANCE COMPANY 1060 MAITLAND CENTER COMMONS BLVD SUITE 100, MAITLAND, FL 32751 866-768-5959 Bond Number: 1505667 Contractor Name: ENGINEER CONTROLS SYSTEMS CORP 1175 NE 125TH STREET STE 316 NORTH MIAMI, FL 33161 Owner Name: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 Project Number: 09-5176 Project Description: GOODLAND BRIDGE REPAIR & SCOUR REMEDIATION PROJECT (CR92 OVER MARCO BRIDGE) Project Address: COLLIER COUNTY, NAPLES, FLORIDA Legal Description of Property: GOODLAND BRIDGE REPAIR & SCOUR REMEDIATION PROJECT (CR92 OVER MARCO BRIDGE) This is the front page of the bond. All other pages are subsequent regardless of the pre-printed numbers. 16831 EXHIBIT A PUBLIC PAYMENT BOND Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge) Bond No. 1505667 Contract No. 09-5176 KNOW ALL MEN BY THESE PRESENTS: That Engineer Controls Systems, Corp. 1175 NE 125th Street, Ste 316, North Miami, FL 33161 , as Principal, and Great American Insurance Company . as Surety, located at 1060 Maitland Center Commons Blvd.. Suite (Business Address) are heJd and firmly bound to Board of County ~C-ommlssloners aTe-oilier, as Obligee in the sum of Five Hundred Forty Two Thousand Nine Hundred Ninety ElghtJ.wUJ.uu20/1 0 ($ 542,998.20 ) for the payment whereof we bind ourselves, our heirs. executors, personal representatives. successors and assIgns, Jointly and severally. WHEREAS, Principal has entered Into a contract dated as of the _ day of . 2009. with Obligee forGoodland Bridge Repair & Scour Remediation Project (CR92 Over Marco Bndge) 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 BONp is that if Principal: Promptly makes payment to aU 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 fs void; otherwise it remains in full force. Any changes In or under the Contract and compliance or noncompliance with any fonnalitles connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond Bre subject to the time limitations of Section 255.05(2). In no event will the Surety be liable In the aggregate to claImants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this Instrument this day of 2009, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. GC-CA-A-1 16 B~3 ~ PRINCIPAL Engineer Controls Systems Corporation ~ --~ BY: NAME: A ~-.. ITS: ~r..e ~ I '6 (? ut ZA7AS , STATE OF FLo R..,.nA COUNTY OF H lCL lA.U. - ^ A/I\8 The foregoin9Jru;trument was acknowledged before..nut this ,.Q.. day of ~ 20~ by 1=12, U , as ~~....-t?J I n:=-- IL"]"'\- of 4D -7/D ,}:70p rlUXo rp oration , on behart of the corp tion. He/she is perso y own to me OR has produced as Identification and did (did not) take an oath. My Commission Expires: A Y9 us+ 0)0. ;10 l ~ _~~y:~. YUJAINA GONZALEZ f~;' Q '"j:.~ MY COMMISSION # D0816314 "_- EXPIRES August 20,2012 l1U.;~'39b"~)153 FlorioaNotar Sarvlce.com NAME: (AFFIX OFFICIAL SEAL) Notary Public, State of ~ Commission No.: :r;n8Ih~L4- SURETY: ATTEST: Great American Insurance Company (Printed Name) 1060 Maitland Center Commons Blvd Suite 100 Maitland, FL 32751 (Business Address See Power of Attorney Attached (Authorized Signature) Witnesses to Surety (Printed Name) GC-CA-A-2 16831 OR li\vu~ ~\\\f-L As Attorney in Fact (Attach Power of Attorney) Michael Bonet, Attorney-In-Fact & Florida Resident Agent (Printed Name) ~A~~'(Q asses 1060 Maitland Center Commons Blvd Suite 100 Maitland, FL 32751 (Business Address) 866-768-5959 (Telephone Number) STATE OF Florida COUNTY OF Miami Dade The foregoing Instrument was acknowledged before me this 8th day of May , 2009, by Michael Bonet - I as Attorney-in-Fact of Great American Insurance Company Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. Susan Fernandez Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: 00780500 aG-CA-A-3 16B3 .. I EXHIBIT A PUBLIC PERFORMANCE BOND Goodland Bridge Repair & Scour Remediation Project (CR 92 over Marco Bridge) Bond No. 1505667 Contract No. 09-617~ KNOW AlL MEN BY THESE PRESENTS: That Engineer Controls Systems, Corp. 1175 NE 125th Street, Ste 316, North Mi~rws fPrina~al. and Great American Insurance Company I as Surety, located at 1060 Maitland Center Commons Blvd., Suite 100 (Business Address) are held and firmly bound to Board of County Commissioners of Collier County , as Obliiee In the sum of Five Hundred Forty Two Thousand Nine Hundred Ninety ElghtUUUU u20/100 ($ 542,998.20 ) for the payment whereotwe bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severalry. WHEREAS, Principal has entered Into a contract dated as of the day of , 2009, with Obligee for Goodland Bridge Repair & Scour Remediation Project (CR92 Over Marco Bridge) 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 18 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 noncomplfance with any formalfties connected with the Contract or the changes do not affect Sureties obligatIon under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes. extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect Its obligations under this bond, and It does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. GC..cA-A-4 16B3 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 day of I 2009, the name 01 each party being affixed and these presents duly signed by Its undersigned representative, pursuant to authority of rts governing body. _------j SIgned. seale~ ~v / , In the pre8en~t ......IIl -----_.~.-..---.-:~::~--,- PRINCIPAL Wit Engineer Controls Systems Corporation BY:~ NAME: -r(JAU~,AS ITS: ?:ftC'c:.. I STATE OF R 0 P-1j)A COUNTY OF]:t l Q...u,.( - V)Af}r; The foregoing Instrument ~ ~A. . 2009, by ~ ~ I rlP.. j- 0 j-:::::jl D IZ../OA corporation, personally known _ to me O~ has produced as Identification and did (did not) take an oath. MYCommI8s10nExplres:~f :lO.aol~ ~;Ju>)~0015 (SI ra) Nama:~inG MoflZllICl. (Le Iy Printed) Notary Public, State of: ~ Commission No.: ..DD.gL~3(4 this ~ day of , 8S a he Is :i;jt:'v:~~ YUJAINA GONZALEZ =:~r ~ ">1 MY COMMISSION # 00816314 .~~I EXPIRES August 20,2012 (A . 9. or' Ice corn GC-CA-A-5 1683 I ATTEST: SURETY: Great American Insurance Company (Printed Name) 1060 Maitland Center Commons Suite 100 (Business Address) (Authorized Signature) Power of Attorney Attached Witnesses 8S to Surety (Printed Name) OR J~('~oP~ ~t As Attorney In Fact (Attach Power of Attorney) Michael Bonet, Attorney-In-Fact &Florida Resident Aaent (Printed Name) 1060 Maitland Center Commons Blvd Maitland, FL 32751 ~~ Witnesses - (Business Address) 866-768-5959 (Telephone Number)' STATE OF Florida COUNTY OF Miami Dade The foregoing instrument was acknowledged before me this ~ day of May I 2009, by Michael Bonet ,as Attorney-In-Fact of Great American Insurance Company I a N/A Surety, on behalf of Surety. HelShe Is personally known to me OR has produced WA B8ldentifl~ :::~~ke an oafu. Nama: su:::nandez ~ (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: 00780500 GC-CA-A..e ~~ GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET · CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740 16834 The number of persons authorized by this power of attorney is not more than TWO No, 0 18528 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and cxisting under and by virtue of the laws of the State of Ohio, docs hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of thc said Company. as surcty, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below, Name Address BOTH OF MIAMI LAKES, FLORIDA Limit of Power BOTH $75,000,000, MICHAEL BONET MICHAEL A. HOLMES This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above, IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1 ST day of APRIL 2009 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON _ ss: DAVID C, KITCHIN (513.412.4602) On this 1 ST day of APRIL 2009, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company. the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority, This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9. 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and DivisOlUll Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attomeys.in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid oflicers and any Secretary or Assistant Secretary of the Company nwy be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, colltract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature (!{such officer and the original seal (){the Company, to be valid and bim:1ing upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of S1029Y (10/06) 08/13/2009 16:37 FAX 3054772119 ~0002/0002 xALLSTA-TE INSURANCE COMPANY ALLSTATE INDEMNITY COMPANY DALLSTATE TEXAS LLOfD.I. B 3 III THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hl&..1fil. ,r.~! THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTlFtCA TE HOLDER NAMED INSURED Name and Address of Partv to Whom this Certificate Is Issued Name and Address of Insured ENGINEER CONTROLS SYSTEMS CORP. COLLIER COUNTY BOARD OF COUNTY 1175 NE 125 ST STE 316 COMMISSIONERS NORTH MIAMI FL 33161 3301 TAMIAMI TRAIL EAST NAPLES FL 34112 . . This Is to certify that poliCIeS of Insurance listed below have been issued to the IllIure<! named above subject to the expiration date indicated below, Not withstanding any requirement, term or condition of any contract or other document with respect to which this certlflcate 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, TYPE OF INSURANCE AND UMITS Policy Effective COMMERCIAL GENERAL LIABILITY Number Date LImit GENERAL AGGREGATE LIMIT (Other than Products - Completed Operatiolll) $ PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT $ PERSONAL AND ADVERTISING INJURY LIMIT $ EACH OCCURRENCE LIMIT $ PHYSICAL DAMAGE LIMIT $ MEDICAL EXPENSE LIMIT $ expiration Date Amount ANY ONE LOSS ANY ONE PERSON WORKERS' COMPENSATION & EMPLOYERS' LIABILITY Coveraae ~RKERS'COMPENSATION EMPLOYERS' LIABILITY Policy Number Effective Date Expiration Date Limits STATUTORY - aonlles onlY In the following states: BODILY INJURY BY ACCIDENT BODILY INJURY BY DISEASE BODILY INJURY BY DISEASE $ $ $ EACH ACCIDENT EACH EMPLOYEE POLICY LIMIT * AUTOMOBILE LIABILITY Policy Number 38921978452 Effective Date 08/14/2010 t SECIFIED AUTOS x X NON-OWNED AUTOS Expiration 08/14/2009 Date Limits Combined Single Limit of Liability BOOILY INJURY & PROPERTY DAMAGE 1$ 2,000,000 I EACH ACCIDENT Spilt L1abllltv Limits Bodly Injury Property Damage Each aBuIs ANY AUTO 0 OWNED AUTOS x HIRED AUTOS o OWNED PRIVATE PASSENGER AUTOS o OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ $ $ PERSON ACCIDENT UMBRELLA LIABILITY EACH OCCURRENCE Policy Number I 1$ Effective Date GENERAL AGGREGATE expiration Date I PRODUCTS - COMPLETED OPERATIONS AGGREGATE 1$ Effective Date Expiration Date $ OTHER (Show tvoe of Policy) Policy Number [iES6RI~CFDPERATIONSILOCATIONSNEHICLES/RESTR1OTIONSlSP!ClALITeMS: 2005B~)~I~M-, .-:'::", .' ",,::.:,'oOlIiooI', '_ ',~..', '" RE,OOOD!:AND:SRlDGEREPAIR BID#095176 COLlIERCOUNPffSAtMOOlllElNAl;INSURED, WHI!!I'I'~mREiDoaV'~ !!lU!1!Il!\ " . . Ii ^,.. CANCELLATION ~ ( V ) Number of days notice 10 ~ ""'....... ___ 08/13/2009 V Authorlzec\Representa Dale Should any of the above described policies be cancelled before the expirllllon elate, the Issu ng company will endeavor to mall within the number of days entered above, written notice to the certificate holder named above. But failure to mall such notice shall impose no obligation or liability of any kind UDOn the company. Its agents or representatives. Ju 1-09-09 os: 14 F rom-eo I I ier County Purchasini 239 732 OS44 T-006 P 001l~ 6-s8 3 ~1 '(~'- ACORD. CERTIFICATE.-OPA'AoILITY INSURANCE ~ID LG I DATE lMMlDl;!/Y'I'YY) ....'1.. , NGIN-2 07/06109 PRQOUCER ~ -..... (J C A "'-0 THIS CliRT1FlCATE IS ISSUED AS A MATTER OF INFORMATION oNt. Y AND CONFERS NO RIGHTS UPON THE CElA.TIFICATE ER01m &. BROWN OF nClRJ:OA J:NC~, <-',,1') HOl.DER. THIS CERTIFICATE DOES NOT AMEND, eXTEND OR BOOO ~ORS SQ1J1lRE BLoW 400 At. TEA. THE COVERAGS AFFOROEO BY ,.HEl POLICIES BELOW- ~ ~s FL 33016-1566 '~ Phone: 305-364-7800 E'ax:305-622-SEiS7 '"" " INSURSRS AFFORDING COVERAGE NAIC" INSURED INSURER A: ScOTTSDALE INS CO 41297 INSURER So }1'EDERFlli INSt.mANCE C0MI?1INY 20281. lilNGINEER CONmOLS S~STEMS COR:!? INSuRER C: ;e:CS ENGINE~ G iORPORATION 1175 N E 125 ST 316 INSURER 0: N ~ FL 33161 INSURER E: i~:-... THE POLiCies OF INSuRANCE LISTED BELOIiII HAIlE elEEN Issueo TO THE INSURED "AMI!D ABOVE FOR TH5 POLICY peRIOD INDICATI!D, NOT\MTH,STANOING ANY REaUIREM!;NT, TERM OR CONOITION OF ANY cON1'AACT OR 01'HER ODCvMENT Wl1'H RESPEC'T TO WHICH TfoIlS CERTIFICATE MAY 810 IS5ueo OR MAY PERTAIN. THe INSuRANCE AFFORDED lilY THE I"OL.lCII!S DES~8ED He~EIN IS SUBJECT TO Ai.l THE TE~MS. EXCLU$IONS ANI;! CONDITIONS OF SUCH I"Ol.ICIES AGGFU;GATe ~IMITS S/-OWN MAY HAVE BEeN REDUCEO BY PAID C~IMS, ~1'R NSRt TYPE OF IN5URANCIi Poue... NUMBER DATIi MMlDD/YY DA ril r~MJo6'NYi' "'NlITS / ~NIiRAL LLAB1UTY ~ OCCURRENCIii ~ 2,000,000 1.0<" ]>.. X ~ ~MMERCIAL GENERAL L1AB1~1'lY BCSOO16456 l:l/14/0S 11/14/09 ~~~~~~s 't~~~~ncal $ 100 000 CLAIMS MADE ~ OCCUR MEO exp (My one I>=c~) i lilxcll.lded X Defense Cost :i.n i>ERSONAL ~ AD" INJURY 52,000,000 I Ad.d-it.:lon to L:i.mi- t GEN$RALAGGREGAT~ ~ 5,000,000 1/ GEN'LAGGRE~E LIMIT p.i"i"l.IES pe~: PRODVCTS. COMl"iOP AGG s2 000,000 l7' 4 xi>RO.n POLICY JEeT LOG ~OMOalLE UAB1~11'Y OOM!lINEDSING~E LIMIT S ANY AUTO (e. .eoioem) f-- ,-- ALL OwlIIED AUTOS BOOIL Y INJURY S $CI'\EDUU~O AUTOS (I"or pelson) f-- - HIReO AUT05 BOplLYINJURY NON-<>WNSO AUT05 (P.... accloenl) i - I"ROI'ERli' DAMAGE $ (I'cr .odden!) GARAGE UABl\.IT'I' AUTO ONLY - EA ACCIDENT $ rl A~ AUTO OTHER'rHAN SAACC i AUTO ONl.Y: AGG ~ 5SSJUMBREir.LA LLABlLITY EACl'l OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE S ! $ R cEDUCTIBL& S RETENTION $ i $ WORKeR$! COMPEN5ATlON ANP IrO~"" LIMITS I Il)~Il'; EMPLOYERS' UABILITY IoNY i>ROF'RII!TORlPARTNERlEX&CuT1VE I!.L EACH ACCIDENT S O_FFIC~RI"'1E"!.1'IlR ~CIJ!DEO? " - 'e, L, DISEASE :""'A EMPLOYoE $ - - --" ~~~'=V~~ONS b~11;lW E,L, DISEASE. pouCv LIMIT i OTHSIl: l3 :rNLrorn MARINE 4546-40-96 / 05/:19/09 05/19/10 LEASED/ 145,000 RENTED /' D~SCIllPT1QII OF OPERATIONS I LI;!CA nONS I ViilllCLES J EXCLUSIONS APt;mD BY ENI;lOFtSEMENT I SPECIAL PRQlllSIONS /' RE: GQODLANP BRIDGE REPAIR - BID #09-5176; COI.Ln:R COUN'l'Y :rS AN ADDI~IONAL ntSURED, WHEN REQUIRED BY WPoI'I''l'EN CON'l':RAC'r, W1TH Rli:SPEC'l'S '1'0 GENEAAL L:rAEILI'l.'Y. "'10 DAYS NC'rICE OE' CANCELLA'l'ION FOR NON j?p.:n.1EN'l' OF PREMIUM. COVERAGES COLLD:R COW'l.'Y 1iOARD OF COUNTY COMMXSSIONERS 3301 TAM:!AM:I TRAiL E.AS'r NAl?LES FL 34:1.12 CANCEt.t.ATlON COLLI-1 SHOULD ANY OF THE ABOVIi pESCRIBll.1;! pQUCIES EIe CANCI!Ll.lig BEFORI! THEi J:XPlRATlON DATE THeREOF. THol$$UING INSUIl.IER WILl. ENPEAVOR TO MAIL ~ cAYS WRlTl'EN NoT1CE TO THE OERTlFICATii 1l0LDEl'l NAMl!l) TO THe !.EFT. BUT FAIL.URE TO I;!I;! $0 SHALL IMPOSE NO (lBLIGATION OR LLABll.rn' OF ANY KIND UPON THE INSUREf\, IT~ AGI!NTS Of< REPRI!.SENTA TlVES. A ZEI;! RliPRSS~NTA"V~ ~ ACORD CORPORATION 1988 CERTIFICATE HOI.-DER ACORD 25 (2001/08' Jul-09-09 08: 14 From-Coil illr County Purchasini 239 732 0844 1683' P,002/002 F-849 T-OOS IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pOlicies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), ;authorlzed representative or producer, and the certificate holder. nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 16 B 3 ;,1 ACORD. CERTIFICATE OF LIABILITY INSURANCE crJ8 GPT DATE (MMIDDm'YY) IN-I 05/12/09 PItODtlCER THIS CBmFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BUTLER, BUCKLEY, DEETS INe. HOLDER. THIS CER1lF1CATE DOES NOT AMEND, EXTeND OR 6161 BLUE LAGOON DR., STE 420 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. M1:AMI FL 33126 Phone: 305-262-0086 INSURERS AFFORDING COVERAGE HAle , lHSISR!O INtIURER It:. -19IIt l_r_ ~ 15563 INSURER II: BNEER CONTROLS SYSTEMS INSURER C: 5 NE 125 ST ~n i16 INSI.IfIf;R &. NO T'H MIAMI I'L 6 IN8URER E: COVERAGES TH: POt.ICES OF INSURANCE LISTED BElOW HIM: BEEM ISSUEO TO llE lNIlURED NAMED NJC'NE FOR THe POlICY PEl'IIOD IIIClICAlED. NOTWmISTANlllNG AHfREQlJlRI!MENT, Tl:1W OR CONOlTION OF NIt CONTRACT OR 011lER DOCI.IMEtlT wrrH AEl!If'ECT 10 WHICH 1111$ a:RlFICATE MAY BE II8UEO OR MAY PERTAIH. me MtJfWlCC AFfORllEDBY ltIE POllCIE8 DESCRIED HEReIN IS llU8.IECT TO AlL lHE TERMS. DClll8lON8N1O COIlIlfl1OH6 OF SUCH POLICIES. AOGREeATI! 1.JIIIn8 8HOWHIMY""VI!! lII!EN REDUCI!OIIYIWOCtAIMS. ~ TYl'E OF"SURANCe PCIUCI' _IIER ~~ LIlmS Gl:1IERN.. LIA8ILnY &\CH 0CCUftRENCE $ - - OMMERClAL GENERAl LlABlLlTY ~IEJI_\ $ - ClAIMS w.DE 0 OCC~ "'EO EXP(AAy_~ . PEROOMAL & MN IIIJUR'( $ ~ GEHEIW. AGGIlEGIIlE $ nH1.AGGREeATE UMrT 7t PER: PROOUCTS. CXlWIOP N)O $ POLICY n m?r LOC ~VTOMOIIA.e LIA8IU1Y eot.IIlMED SINOlE I.MT $ - ANY ~o (&1CddInO - AU. OWNEO AUTOS 8OOILY"JURY SCHEOULEO AUTOS ll'w.--.) $ - - HIRED AUTOS BODILY JH.Un' NOff.OWHeDAl1T08 (I'W~ $ '-- ~ PROPERlY DAMiWE S I/><< -.ctdInl} R~ I\UTO ON\. Y - EA ACCIDeNT $ NIt .wro MACC . alliER 1lWf AUTO ONLY: AGO $ I!XCI!..MAlIIBRElLA UAIIlL.ITY EACH OCCURRENCe , rTocctJR 0 ClAIMS MADE AOOREGAn: $ $ q llEDVCn8l.E $ RETENTION $ S WORKI!R8COM1'l!NlSAT1DN AND -16./21/0; ')>4/21/10 Tl'ORY i I 10m- I!IM'I.OYEIla' LIAIlIUTY A NIt PROI'RlETCIRIPMTHERiEXECUTIVE 13808 C E.L EACHACCIDENT $500000 OFFlCEA.WM8ER EXCLUDED? E.L llI8EJ\8E . EA $ 500000 ~~NSbelow ~ E.L DI8EASE-POUCYLlMIT .500000 OTHER DESCRlP1lOH C#' OPIRAT1DN8 J L0CA1'JC>>IlI J YIiHICUI J l!XCLlIU:lN$AIIIlI!D BY SIIIOlUII!IIl!NT J Il'EaAl.I'RCMlIIOIrIIs GoodJ.and Bridge Repair and Scour Reaediation Project, Cont.raa1: '09-5176 CERTIFICATE HOLDER Collier County Board of County C01II1Ii.si.one.re 3301 Tamiaai Trail East Naples I'L 34112 CANCEUATION IHOULDANY OF 1M! AIlCMl OEICN8I!Dl'OLJaEa lIE CANCaLm BIFORE THe I!IlI'IMTION DATI TIERIaOF. 11IE1IlIUlNG INIUIWt WlU.I!IlDIA~ 10 IMIL ~ Oo\YS WIlITTEIl NOnca TOlJll!C8IlTlI'lCATIl HOLDIlRNMlED lO 1llE LliFT.IIt1TFAlUlRE TOOD 8D lIHAL1. ~ NO Cl8I..IlMlJOH OR llAlMJTY (F N;f'( KIND !WON fifE INIURSt, /T8 AGENTS Olt RI!PIIEllEIfTAlMIS. AUT o ACORD CORPORATION 1918 ACORD 25 (2001108) 16-B3t- IMPORTANT If the certificate holder is an ADDiTIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAiMER 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. I I I I I I I ACORD 26 (2001/08) 1683 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 1683 l' coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self- insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ~ Yes D No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability X $1,000,000 Each Accident GC-CA-B-2 16B3~ $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee Protection and Indemnity X $1,000,000 (Including crew) (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. [:8J Applicable D Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. D Applicable cg] Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? cg] Yes D No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. GC-CA-B-3 16 B 3" D Applicable ~Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. D Applicable ~ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner may purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such GC-CA-B-4 16 B 3 ~<.~ rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? ~ Yes D No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. o CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida. as described in the attached Contract Insurance Requirements form. o The OWNER may procure and maintain property insurance upon the entire Project, if required, to the full insurable value of the Project. If property insurance is obtained by OWNER it shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents o OWNER and CONTRACTOR waive against each other and Owner's separate 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. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from Owner's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. o The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. o 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 this Article 3, and certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if any). GC-CA-B-5 16 B 3 1 o The General Liability Policy provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. o Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida o The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. o Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. o The CONTRACTOR and/or its insurance carrier shall provide 30 days written notice to the OWNER of policy cancellation or non-renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. o Should at any time the Contractor not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. o If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. GC-CA-B-6 16B3~ COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS TYPE LIMITS (Check) X Workers' Compensation Statutory limits of Florida Statutes 440 and Federal Government Statutorv Limits and Requirements X Employer's Liability X $500,000 $1,000,000 X Protection and Indemnity X $1,000,000 includinq Crew $2,000,000 Includinq Crew X USl&H Statutorv Limits X Commercial General $1,000,000 per occurrence X $2,000,000 per occurrence Liability (Occurrence Form) bodily injury and property bodily injury and property patterned after the current damage damage ISO form with no limiting endorsements. Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaae damage Hanaarkeepers Liabilitv $500,000 per aircraft $1,000,000 per aircraft Aircraft liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaae damage X Business Automobile $1,000,000 per occurrence X $2,000,000 per occurrence Insurance bodily injury and property bodily injury and property damaqe damaqe Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaae damage Builders Risk Insurance OWNER Will Purchase-Replacement Cost- All Risks of loss Professional Liability $1,000,000 per occurrence $2,000,000 per occurrence Insurance $1,000,000 aaareaate $2,000,000 aggreaate INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Collier County Board of County Commissioners shall be named as the Certificate Holder, NOTE-- The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceotable, Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months, The contract name and number shall be included on the certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liabilitv and/or Airport Liabilitv where reauired, GC-CA-B-7 16 B 3 ~ 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 16 B 31 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No, Application Date 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 $ 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 properly approved by Owner in writing and in advance of such Work, By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC-CA-D-1 I I I I I I I I I I l' I~ ~T~I I I T 1 b ~ ~ ~~~ i li! ;: II ~,I~! 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III CIl C I J CIl - \'G C 1683 1 TO: Project Name: Bid No.: Change Order No.: Change Order Description EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount .........,.................................................$ Sum of previous Change Orders Amount .......................................$ This Change Order Amount ........................................................... $ Revised Agreement Amount........................................................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Design Professional Date: Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: 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 16 B 3 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No, PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: 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 1683 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 1683 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 16 B 3~ EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of GC-CA-H-1 1683'" roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC-CA-H-2 1683 ~ 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. 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 GC-CA-H-3 1683 ' the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respective Iy. 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 GC-CA-H-4 16831 Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 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 16B3 ~ 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 1683 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 16 B 3 1 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 16 B 3 ~ 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 16 B 3 ~ 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 1683 :1 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 16 B 3 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 1683 be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 15. CLEANUP AND PROTECTIONS. 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 1683 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 1683 1 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 16 B 3 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 16 B3 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 16B3 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 1683 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 16B31 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.B, 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 16B3 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 1683 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 16B3 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.neUpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. GC-CA-H-23 16B3 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 16B3 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 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 1683 1 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 1683 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 PMIS 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. 34.1.9 34. 1 . 1 0 34. 1 . 11 34.1.12 34. 1 .13 34. 1 . 14 34.1 . 1 5 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 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 available to the County for at least four (4) years. GC-CA-H-27 1683 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. ABOVEGROUN~UNDERGROUNDTANKS An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. GC-CA-H-28 1683 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. GC-CA-I-1 1683 SECTION 01000 SPECIAL PROVISIONS GENERAL This Section amends, enhances or otherwise revises the Teclmical Specifications and Contract Documents. STANDARD SPECIFICATIONS The standard Specifications to be used for this work shall be the Florida Department of Transportation (FDOT) Standard Spec(jications for Road and Bridge Construction, and all Supplemental Specifications thereto, hereinafter referred to as the Standard Spec(jications, except as amended under this Contract. NO SEPARATE PAYMENT FOR SPECIAL PROVISIONS No separate payment will be made for the Contractor to execute Special Provisions. All expenses borne by the Contractor shall be included in the individual unit prices for the particular pay item or as part of the lump sum quantity for Mobilization. MATERIALS a. Delivery Tickets: It will be necessary to submit a copy of all delivery tickets for materials used on the project, regardless of the basis of payment. LABORATORY TESTING Cost of all required laboratory testing shall be borne by the Contractor, including the cost of all re-testing due to defective materials or construction. The testing laboratory shall be approved by the Owner. Testing shall be in accordance with the applicable pOliions of Section 6 of the Standard Specifications and these specifications. MEASUREMENT AND PAYMENT a. All work completed under the tenns of this contract shall be measured according to United States Standard Measures. b. All measurements shall be taken horizontally or vertically unless specifically provided otherwise. c. No payment will be made for construction over a greater area than authorized, nor for material moved from outside of stakes and data shown on the plans, except when such work is performed upon instructions of the Engineer. d. The Contractor shall accept compensation provided under the terms of this contract as full payment for furnishing all materials and for performing all work contemplated and embraced under this contract. Such compensation shall also be for any and all loss or damage arising out of the nature of the work or from the action of the elements, or from THE Group, Inc. J:\00026\00026022.03\DOC\Specs\ Front~ Goodland_12 ~ 08.doc Decmber 2008 16 B 3 any unforeseen difficulties or obstructions encountered during the contract period until final acceptance by the Owner. e. Whenever any change, or combination of changes, on the plans results in an increase or decrease in the original contract quantities, and the work added or decreased/eliminated is of the same general character as that called for on the plans, the Contractor shall accept payment in full at the original contract unit prices for the actual quantity of work performed, with no allowance for any loss of anticipated profits. f. Any quantity item not indicated in the Bid Proposal List but shown on the Plans shall be included as part of the lump sum quantity for Mobilization. g. It is the Contractor's responsibility to perform a detailed quantity take-off from the plans to detennine actual quantities for ordering and delivery purposes. The Owner will not be responsible for quantities ordered in excess of those installed and constructed. The Contractor should be aware that some of the pay items may have contingency quantities. Payment shall be made only for final in-place quantities. No payment shall be made for contingency quantities or additional work unless otherwise directed and approved in writing by the Engineer. h. Bid Schedule/Tabulation Completion - the blank spaces in the bid schedule/tabulation shall be filled in correctly where indicated for each and every item for which a description is given, as the bidder must state the unit prices for which he proposes to do each pmt of the work contemplated, and the jot",] ,....,.;"'" f'M ,,11 thp- narts included in any or all of the combinations of the work. RESTORATION Payment for restoration shall be covered under the applicable restoration Pay Items as specified in the proposal. If a specific restoration Pay Item is not listed in the proposal, the cost of such work shall be included in the applicable Pay Item unless otherwise provided under separate restoration section or pay quantity of these Specifications. COOPERATION WITH OTHERS The Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal and rearrangement operations, in order that these operations may progress in a reasonable mmmer and that service rendered by these parties will not be interrupted. The Owner shall not be responsible for costs associated with delays, disruptions and remobilizations attributed to utility agency scheduling. GUARANTEE All work shall be guaranteed for 12 months after completion and acceptance of the work unless otherwise specified. The guarantees are to be construed as being supplemental in nature and in addition to any and all other remedies available to the Owner under the laws of the State of Florida. THE Group, Inc. J\00026\0002602203\DOC\Specs\ Front_ Goodland_12_08.doc 2 Decmber 2008 1683 PRIORITY In any instance where there is an apparent conflict between these technical specifications special provisions and the cOlTesponding terms of the "Standard Specifications", these special provisions followed by these technical specifications shall be controlling. SITE INVESTIGATION The Contractor acknowledges that he has satisfied himself as to the nature and location of the work; the general and local conditions, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials; availability of labor, water, electric power, roads; and unceliainties of weather, water stages, tides or similar physical conditions at the site; the conformation and conditions of the ground; the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encowltered, insofar as this information presented by the drawings and Specifications made a pmi of this contract. The Contractor shall carefully review and adhere to conditions and recommendations made in the project geotechnical report. Any failure by the Contractor to acquaint himself with the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Owner. The Owner also assumes no responsibility for any understanding or representations made by its officers or agents during or prior to the execution of this Contract, unless (1) such understanding or interpretations are made in writing by the Engineer or are expressly stated in the Contract and (2) the Contract expressly provides that the responsibility therefore is assumed by the Owner. CONTRACTOR/SUBCONTRACTOR WORK EXPERIENCE AND QUALIFICATIONS The Contractor or subcontractors shall have a minimum of five years experience in their pmticular trade and shall provide a minimum of three references relating specifically to the type of work that shall be perfonned for this project. The Contractor shall assure that all superintendents, foremen and workmen are competent, careful and reliable. All workmen must have sufficient skill and experience to properly perform the work assigned them. All workmen engaged on special concrete bases, pavements or structures, or in any trade, shall have had sufficient experience in such work to perform it properly and satisfactorily and to operate the equipment involved, and shall make due and proper effort to execute the work in the manner prescribed in the Specifications, or the Engineer may take action as prescribed below. Whenever the Engineer has determined that any person is incompetent, unfaithful, intemperate, disorderly or insubordinate, such person shall upon notice, be discharged from the work and shall not again be employed on it except with the written consent of the Engineer. Should the TBE Group, Inc. J\00026\00026022.03\DOC\Specs\ Front_ Goodland_12 _ OS.doc 3 Oecmber 2008 1683 Contractor fail to remove such person or persons the Engineer may withhold all estimates, which are or may become due, or may suspend the work until such orders are complied with. Within ten days after the award of any subcontract, either by himself or a subcontractor, the Contractor shall deliver to the Engineer a statement setting f011h the name and address of the subcontractor and a summary description of the work subcontracted. The Contractor shall be as fully responsible to the Owner for acts and omISSIOns of his subcontractor and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. MAINTENANCE AND RESTORATION OF JOB SITE The Contractor shall conduct his operations in such a maImer as will result in a minimum of inconvenience to occupants of adjacent homes and business establishments and shall provide temporary access as directed or as may be required by the Project Manager. All final restoration must be performed to an equal or better condition than that which existed prior to construction. Good housekeeping on this project is extremely important and the Contractor will be responsible for keeping the construction site neat and clean, with debris being removed daily as the work progresses or as otherwise directed by the Project Manager. Good housekeeping at the job site shall include: Removing all tools and temporary structures, dirt, rubbish, etc.; hauling all excess dirt, rock, etc., from excavations to a dump provided by the Contractor; and all clean up shall be accomplished to the satisfaction of the Project Manager. Dust will be controlled daily as may be required. Immediately after construction completion in an area or pmi thereof (including restoration), barricades, construction equipment and surplus and discarded materials shall be removed by the Contractor. In the event that the timely clean up and restoration of the job site is not accomplished to the satisfaction of the Project Manager, the Project Manager shall make arrangements to affect the necessary clean up by others. The Contractor shall be charged for these costs through deductions in payment due the contractor. If such action becomes necessary on the part of and in the opinion of the Project Manager, the Owner shall not be responsible for the inadvertent removal from the work site of materials which the Contractor would not normally have disposed of had he affected the required clean up. NOTICE AND SERVICE THEREOF All notices, which shall include demands, instructions, requests, approvals, and claims shall be in writing. Any notice to or demand upon the Contractor shall be sufficiently given if delivered to the office of the Contractor specified in the bid (or to such other office as the Contractor may, from time to time, designate to the Owner in writing), or if deposited in the United States mail in a sealed, postage prepaid envelope, or delivered, with charges prepaid, sent via fax transmission, or to any telegraph company for transmission, in each case addressed to such office. All notices required to be hand delivered to the Owner, unless otherwise specified in writing to the Contractor, shall be delivered to the Project Manager, and any notice to or demand upon the Owner shall be sufficiently given as delivered to the office of the Project J'vlanager, or if deposited in the United States mail in a sealed, postage prepaid envelope, sent via fax transmission, or delivered with charges prepaid to any telegraph company for transmission, in each THE Group. Inc. J:'00026\0002602203\DOC\Specs\ Front_ Goodlal1d_12_08.doc 4 Decmber 2008 1683 case addressed to said Project Manager or to such other representative of the Owner or to such other address as the Owner may subsequently specify in writing to the Contractor for such purposes. Any such notice or demand shall be deemed to have been given or made as of the time of actual delivery or (in the case of mailing) when the same should have been received in due course of post or in the case of a fax transmission or telegram at the time of actual receipt, as the case may be. REQUIREMENTS FOR CONTROL OF THE WORK Prior to the start of the Work described in this contract, a pre-construction conference may be held by the Project Manager to be attended by the Contractor and others as required, for the purpose of establishing a schedule of operations which will coordinate the work to be done under this contract with all related work to be done by others within the limits of the project. All items of work in this contract shall be coordinated so that progress of each related item will be continuous from week to week. The progress of the work will be reviewed by the Project Manager at the end of each week, and if the progress of any item of work during that week is found to be unsatisfactory, the Contractor shall be required to adjust the rate of progress on that item or other items as directed by the Project Manager without additional compensation. The Contractor will continuously control the work until completed. PRE-CONSTRUCTION PHOTOGRAPHY The Contractor shall do a pre-construction videotape on this project and provide two copies to the Owner. Payment for this item shall be included under the pay item for Mobilization. DAIL Y CLEAN-UP REQUIREMENTS The Contractor shall clean up the job site at the end of each workday. Clean up will include the elimination ofrubble and waste material. MINIMUM REQUIREMENTS FOR PROSPECTIVE CONTRACTORS All Bidders are hereby advised that The County will only accept bids from qualified Contractors who have successfully completed a minimum of three projects during the past five years of a similar type as the project being bid, and whose project Superintendent has also successfully completed a minimum of three projects of a similar type during the past five years. Failure to demonstrate compliance to the following qualification requirements will render the bid non- responsIve. Within the past five years, Contractors shall have completed bridge repair projects with a minimum value of $400,000. CONTRACTOR'S SUPERVISION a. Prosecution of Work: The Contractor shall give the work the constant attention necessary to assure the scheduled progress. He shall cooperate fully with the Engineer and with other Contractors at work in the vicinity. b. Contractor's Superintendent: The Contractor shall at all times have on the work site as his agent, a competent superintendent capable of thoroughly interpreting the plans and specifications and thoroughly experienced in the type of work being perfonned, who shall receive the instructions from the Engineer or his authorized representatives. The superintendent shall have full authority to execute the orders or directions of the Engineer and to supply promptly any materials, tools, TBE Group, Inc. JI00026100026022.03IDOCISpecs\ Front.. Goodland _12 08.doc 5 Decmber 2008 16B3 equipment, labor and incidentals that may be required. Such superintendence shall be fumished regardless of the amount of work sublet. c. The Contractor's superintendent shall speak and understand English, and at least one responsible person who speaks and understands English shall be on the project during all working hours. d. Supervision for Emergencies: The Contractor shall have a responsible person available at or reasonably near the work site on a 24-hour basis, 7 days a week, in order that he may be contacted for emergencies and in cases where immediate action must be taken to maintain traffic or to handle any other problem that may arise. The Contractor's responsible person for supervision for emergencies shall speak and understand English. The Contractor shall submit, by certified mail, phone numbers and names of personnel designated to be contacted in cases of emergencies along with a description of the project location to the Florida Highway Patrol and all other local law enforcement agencies. LIST OF EMERGENCY CONTACT NUMBERS & UTILITY SERVICE MAINTENANCE The Contractor shall obtain and maintain a list of emergency contact phone numbers for all utilities during the course of the project. The Contractor shall maintain utility service during the project except for inten'uptions authorized by the utility owner. If inten-uptions are required, the Contractor shall notify the Owner 48 hours in advance. PROGRESS SCHEDULE A progress schedule acceptable to the Engineer and the Owner shall be submitted prior to the pre-construction conference and shall be updated on a monthly basis with the pay estimate submittal. COMPLIANCE WITH THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) STORMW A TER MANAGEMENT AND DISCHARGE PERMIT REQUIREMENTS AND/OR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) DREDGE AND FILL PERMIT REQUIREMENTS Southwest Florida Water Management District Stormwater Management and Discharge permits or exemptions, if any, and/or a Department of Environmental Protection Dredge and Fill permit, if any, required for this project have been obtained by the Owner. The Contractor shall comply with the stipulations of the Permits or Exemptions as stated herein. The Contractor shall allow periodic inspection of the work by authorized representatives of the Department of Environmental Protection, the Southwest Florida Water Management District, as well as other duly authorized law enforcement officers of the State. MANATEE PROTECTION MEASURES Manatee Protection Measures are required for this project. The Contractor is required to follow the BMPs listed below: Manatee Protection Measures and Best .Management Practices: The Permittee shall provide manatee protection during construction by ensuring that: TBE Group. Inc. J :\00026\00026022 .03\DOC\Specs\ Front_ Goodland.12_ 08.doc 6 Decmber 2008 1683 a. The contractor instructs all personnel associated with the project of the potential presence of manatees and that there are civil and criminal penalties for harming, harassing, or killing manatees, which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. b. Any collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol (1-800-Dial FMP) and to the U.S. Fish and Wildlife Service, Vero Beach Field Office (772- 562-3909). c. Provide siltation barriers that are made of material in which manatees cannot become entangled, are properly secured, and are regularly monitored to avoid manatee entrapment. d. All vessels associated with the project are to operate at a "no wake/idle" speeds at all times while in water where draft of the vessel provides less than four foot clearance from the bottom and will follow routes of deep water whenever possible. Each vessel involved in the construction shall display in a prominent location, visible to the vessel operator an 81f2" x 11" temporary; placard reading: "Manatee Habitat/Idle Speed in Construction Area". e. If manatee(s) are seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities shall not resume until the manatee(s) has depmied the project area of its own volition. f. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All signs are to be removed by the Permittee upon completion of the project. A sign measuring a least 3 feet by 4 feet, which reads Caution: Manatee Area shall be posted in a location prominently visible to water related construction crews. A second sign shall be posted if vessels are associated with the construction, and should be placed visible to the vessel operator. The second sign shall be at least 8 W' by 11" which reads Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50 feet of operation. Any collision and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol at 1-800-DIALFMP (1-800-342-5367). The Fish and Wildlife Service should also be contacted in Vero Beach (1-772-562-3909). g. The Contractor shall maintain a log detailing sightings, collisions, or injuries to manatees should they occur during the contract period. Following project completion, a report summarizing incidents and sightings is submitted to the Florida Depmiment of Natural Resources, Office of Protected Species, 3900 Commonwealth Blvd., Mail Station 245, Tallahassee, Florida 32399; and to the U.S. Fish and Wildlife Service, 6620 Southpoint Drive South, Suite 310, Jacksonville, Florida 32216. h. The permit shall be modified to incorporate additional manatee protection measures from the Florida Department of Environmental Protection, Bureau of Protected Species Management in the Division of Marine Resources, prior to any type of explosive devices being utilized during construction. 1. The "Caution: A1anatee Area" signs, (3 feet by 4 feet) are available from local suppliers throughout the state. Permit/lease holders should contact sign companies directly to arrange for shipping and billing. These Caution signs are intended to remind work and boat crews of the presence of manatees while in-water work is being performed. They should be posted in a prominent location for maximum visibility by all water-related construction and should be placed visible to the vessel operator. An example is enclosed, and this example can be copied and used during construction activities. TEE Group, Inc. ] :\00026\00026022.03\DOC\Spees\ Fro11t_ Goodla11d_12_08doc 7 Oecmber 2008 1683 CAUTION MANATEE HABITAT IDLE SPEED is required if operating a vessel in the construction area. All Equipment must be SHUT DOWN if a manatee comes Within 50 feet of operation. Any collision with and/or injury to a manatee shall be reported immediately To the Florida Marine Patrol at: 1-800-DIAL-FMP (1-800-342-5367) TBE Group. Inc. J :\00026\00026022.03\DOC\Specs\ Frol1t_ Goodlal1d_12 08.doc 8 Oecmber 2008 1683 MATERIAL TESTING TABLE TEST , TEST TEST ITEM TEST IDENTIFICATION REQUIREMENTS FREQUENCY VERTICAL HORIZONTAL UTILITY MAXIMUM DENSITY AASHTO T-180 N/A PER SOIL TRENCH OPTIMUM MOISTURE CLASSIFICA TIONI BACKFILL PER LABORATORY FIELD DENSITY AASHTO T-180 PER PLANS ONE PER 200 LF SUBGRADE MAXIMUM DENSITY AASHTO T-180 N/A PER SOIL UNCLEAR OPTIMUM MOISTURE CLASSIFICATIONI NEW CURB PER LABORATORY FIELD DENSITY AASHTO T-180 PER PLANS ONE PER 200 LF lIMERocKf MAXIMUM DENSITY AASHTO T-180 N/A PER SOIL SHELL BASE OPTIMUM MOISTURE CLASSIFICA TIONI PER LABORATORY FIELD DENSITY AASHTO T-180 PER PLANS ONE PER 200 LF SOIL CEMENT SOIL CEMENT AASHTO T-134 BASE PLACEMENT/ MONITORING AND PER PLANS ONE PER 200 LF DENSITIES THICKNESS AASHTO T -135 DETERMINATIONS CONCRETE COMPRESSIVE AASHTO T-23 PER SPEcs/MIN. STRENGTH (THREE AND PER SPECS OF ONE SET/DAY CYLlNDERSffEST) AASHTO T-119 FOR POURS BETWEEN 10&50CY AASHTO T-22 ADDITIONAL SET SLUMP, AIR CONTENT AND PER SPECS FOR EACH 50 CY AASHTO T-180 DAILY OR 1 PER 50 CY MAX ASPHALT MATERIAL QUALITY I PER SPECS GRADATION, STABILITY FLORIDA D.O.T. PER SPECS DAILY OR 1 PER BITUMEN CONTENT 50 CY MAX RECYCLED GRADATION DENSITIES PER SOIL CONCRETE THICKNESS AASHTOT-180 PER SPECS CLASSIFICATION/ BASE DETERMINATIONS PER LABORATORY . . ONE PER 200 LF END OF SECTION TEE Group, Inc. J\00026\00026022 .03\DOC\Specs\ Frollt _ GoodJalld_12 _ 08.doc 9 Decmber 2008 1683 EXHIBIT J TECHNICAL SPECIFICATIONS GC-CA-J-1 1683 1 TECHNICAL SPECIFICATIONS T ABLE OF CONTENTS SECTION PAGE MOBILIZATION ............. ... ........ .............. ............ ........ ......... ................. ...... ..................... ..... ..TS-I MAINTENANCE OF TRAFFIC .... ..... ................... ...... ...... ............... ...................... ........ ..........TS-2 TURBIDITY BARRIERS (Floating) .... ................. .................................... ... ....... ..................... TS-4 REMOVAL OF CONCRETE PAVEMENT .............................................................................TS-5 CLEAN AND REPAIR CRACKS........... .............. ......... ...... ................ .......... .......... ..... ......... ..TS-6 CLEANING AND COATING CONCRETE SURF ACES, CLASS 5......................................TS-7 RESTORE SP ALLED AREAS ...... ............ .............. ... ............................... ......... ............ .......... TS-8 REPLACE EXPANSION JOINTS ............. .... .......................... '.' ....................... .... ........ ........... TS-9 CONCRETE TRAFFIC RAILING RETROFIT ............... ......................................................TS-I 0 REMOVE EXISTING CONCRETE BARRIER............. .... ...... ......... ..................... ................ TS-II REFLECTIVE PAVEMENT MARKERS ..............................................................................TS-12 THERMOPLA TIC STRIPING....................... ... ................ .......... ... ........................ ................. TS-12 FENDERS, ACCESS LADDER, AND PLATFORM REPAIRS ...........................................TS-13 MISCELLANEOUS REPAIR ITEMS ................... .................................................................TS-14 (Guardrail posts, beam anchor nuts, graffiti) .... ............ ............... ... ....... ........ ....... ...................TS-14 MISCELLANEOUS ALLOWANCE (Contingency) ..............................................................TS-15 ATTACHMENTS: PRODUCT DATA SHEETS J: \00026\00026022.03\DOC\Specs\TecSpecGoodland 12_ OS.doc TS-i December 2008 16B3 MOBILIZA TION The work specified under this Section shall consist of the preparatory work and operations necessary to mobilize and begin work on the project. This shall include but is not limited to those operations necessary for the movement of persOlmel, equipment, supplies and incidentals to the project site(s), the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities required by these Contract Documents and all applicable federal, state and local regulations. The Contractor may close the bridge to perform the repair work. Maintenance of Traffic costs shall be included in the cost of Mobilization. The cost of bonds and any other required insurance, consideration for indemnification to the Owner and the Engineer, and any other pre-construction expenses necessary for the start of the work, excluding the cost of construction materials, shall also be included in this Section. PAYMENT a. The work specified under this Section shall be paid for under the pay item for Mobilization. PAY QUANTITY a. The pay quantity for the work specified under this Section shall be one lump sum quantity for Mobilization and shall include all work and materials described and specified herein. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract lump sum price for Mobilization and shall be in accordance with the following schedule: MOBILlZA nON BASIS OF PAYMENT SCHEDULE Percent of Original Allowable Percent of the Lump Sum Contract Amount Earned Price for Mobilization r ....... 5% 25% 10% 50% ....... \m 25% 75% .-....... ...... ...-.... 50% 100% Partial payments shall be limited to ten percent (10%) of the original contract amount for the project. Any remaining amount will be paid upon completion of all work on the project, including final punch list work items. J :\00026\00026022 .03 \DOCISpecslTecSpecGoodland 12_08. doc TS-l December 2008 1683 MAINTENANCE OF TRAFFIC The work specified under this Section consists of the maintaining of traffic within the limits of the project for the duration of the construction period, in accordance with the requirements of Section 102 of the Florida Department of Transportation (FOOT) Standard Spec!fications, except as amended herein. The road shall be kept open to two-way traffic for the duration of the construction period, except that one lane of traffic will be permitted for short durations of time if flagmen are used. The Contractor will not be permitted to isolate residences or places of business. Access shall be provided to all residences and all places of business whenever construction interferes with the existing access. "Business Entrance" signs shall be placed at all business access points during construction per sign FTP-59, FDOT Index 17355, Sheet 8 of 14. The Contractor shall furnish, erect and maintain all necessary traffic control and safety devices, in accordance with the Florida Depm1ment of Transportation (FDOT) Roadway and Traffic Design Standards, applicable edition, and the State of Florida J\1anual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, applicable edition, and shall take all necessary precautions for the protection of the work and the safety of the public for the duration of the construction period. The work specified under this Section shall include the furnishing, erection and maintenance of all temporary traffic control devices of whatever type required, and for such duration as may be required by the Engineer, and shall include also all materials and construction necessary for temporary connections, driveway maintenance, side street maintenance, variable message signs, construction signs, covering of existing signs, detours, removal of existing markings, temporary pavement, temporary pavement markings, temporary reflective pavement markers, signalization maintenance, other items as noted in the Plans, maintenance/removal of temporary work items and restoration. The Contractor shall use temporary reflective pavement markers in conjunction with temporary pavement markings unless otherwise approved. The applicable edition of the governing documents referenced herein shall be that edition of the respective documents specified on the plans. Note: The Contractor shall prepare and submit a signed and sealed Maintenance of Traffic plan and submit for review prior to implementation. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Maintenance of Traffic. J :\00026\00026022 .03 \DOC\Specs\ TecSpecGoodland 12~ 08.doc T8-2 December 2008 1683 PAY QUANTITY a. The pay quantity for Maintenance of Traffic shall be one lump sum quantity, which shall include all work and materials described and specified herein. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract lump sum price for Maintenance of Traffic. J :\00026\00026022. 03\DOC\Specs\T ecSpecGoodlalld 12_08 doc TS-3 December 2008 1683 TURBIDITY BARRIERS (Floating) Construction of Floating Turbidity Barriers shall conform to the requirements of Section 104 of the Standard Spec~fications, except as amended herein. The Floating Turbidity Barrier shall be constructed in accordance with the details shown in the Plans, or as may be approved by the Engineer as suitable to adequately perform their intended functions. The estimated quantity includes contingent Floating Turbidity Barriers. The location and time of using these contingent barriers shall be as directed by the Engineer. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Turbidity Barrier, Floating. PAY QUANTITY a. The pay quantity for work specified under this Section shall be the number of linear feet of Turbidity Barrier, Floating actually constructed, as authorized by the Engineer, and maintained to the satisfaction of the Engineer for the duration of the construction period. The estimated quantities may include a contingent quantity for use at such times and location as may be directed by the Engineer. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per linear foot. J\00026\00026022.03\DOC\Specs\TecSpecGoodland 12 _ OS.doc TS-4 December 2008 16 B 3 1 REMOVAL OF CONCRETE PAVEMENT The work specified under this Section consists of the removal of existing pavement, in accordance with the requirements of Section 110 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein. The work specified under this Section shall include the removal and disposal of concrete pavement as directed by the Engineer. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Removal of Concrete Pavement. PAY QUANTITY a. The pay quantity for work specified under this section shall be the number of square yards of Concrete Pavement actually removed as determined by measurement. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per square yards for Removal of Concrete Pavement. J :\00026\00026022.03\DOC\Specs\TecSpecGoodland 12_ 08.doc TS-5 December 2008 16B3 CLEAN AND REPAIR CRACKS The work specified under this Section consists of concrete repair work to restore cracked areas of the structure. This shall include, but shall not be limited to other concrete related work as shown on the plans or directed by the Engineer, unless otherwise provided for under a separate Section of these Specifications. Material used for crack repairs on beams, bents, columns and piles shall be BASF's CONCRESIVE@ STANDARD LVI Low-viscosity epoxy adhesive or an Engineer approved equal. Cracks on deck shall be repaired with BASF's DEGADECK@ CRACK SEALER PLUS or an Engineer approved equal. Surface preparation and application shall be in strict accordance with the Manufacturer's instructi 0 ns. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Clean and Repair Cracks. PAY QUANTITY a. The pay quantity for the work specified under this Section shall be the number of linear feet of Cracks determined by measurement along the surface of the concrete component being repaired. BASIS OF PAYMENT a. The quantities determined as specified above shall be paid for at the contract price per linear foot. J :\00026\00026022.03'DOC\Specs\ T ecSpecGoodland12 _ 08.doc TS-6 December 2008 1683 CLEANING AND COATING CONCRETE SURFACES, CLASS 5 Cleaning and coating the surfaces of the bridge shall be in accordance with the Standard Specifications, except as amended herein. Apply a FDOT Class V Finish Coating (BASF THOROCOA T@ or an Engineer approved equal) to the exposed faces of the barrier, curb, and deck edge. Apply coating after completing the railing retrofit. Apply in accordance with the Manufacturer's recommendation. Remove all vegetation on bridge. After removing vegetation, treat area with herbicide to avoid reappearance of vegetation for next six months. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Cleaning and Coating Concrete Surfaces, Class 5 PAY QUANTITY a. The pay quantity for work specified under this Section shall be the number of square feet of Coating determined by measurement in place actually constructed and accepted. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per square foot. J:\00026\00026022. 03\DOC\Specs\ T ecSpecGoodland 12_08 .doc TS-7 December 2008 16B3 RESTORE SP ALLED AREAS The work specified under this Section consists of concrete repair work to restore spalled and delaminated areas of the structure. This shall include, but shall not be limited to other concrete related work as shown on the plans or directed by the Engineer, unless otherwise provided for under separate Section of these Specifications. Material used for spall repair requiring form work shall be BASF's LA40 PMAC REPAIR MORTAR or an Engineer approved equal. Material used for spall repair not requiring form work shall be BASF's GEL Patch or an Engineer approved equal. All existing, exposed reinforcing steel shall be treated with BASF's ZINCRICH REBAR PRIMER or an Engineer approved equal before application of the spall repair mortar. Surface preparation, Application, and curing shall be In strict accordance with the Manufacturer's instructions. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Restore Spalled Areas. PAY QUANTITY a. The pay quantity for the work specified under this Section shall be the number of cubic feet of Concrete repair material determined by measurement in place actually constructed and accepted. BASIS OF PAYMENT a. The quantities determined as specified above shall be paid for at the contract price per cubic foot. J :100 02610002602 2. 03'-DOCIS pee 51 T ecSpecGoodland 12__08 .doc TS-8 December 2008 16B3 REPLACE EXPANSION JOINTS Ultra low-modulus silicone sealant expansion joint material shall be on the FDOT Qualified Products List. Contractor shall remove all dili, oil, vegetation, existing expansion joint material and asphalt overlay. Prior to seal installation, joint shall be cleaned and surface shall be allowed to dry. All edges must be straight. Apply non-shrink concrete to repair spalls at the joints. The expansion joint material shall be warranted, in writing, against material defects and shall be warranted to perform adequately without any signs of failure for five years from the date of final acceptance. If, for any reason, the joint fails while still under warranty, the Contractor shall provide all material and labor to promptly replace it at no additional cost to the Owner. After the joint has been sealed, all surplus sealant or other residue on the bridge deck shall be promptly removed. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Replace Expansion Joints. PAY QUANTITY a. The pay quantity for the work specified under this Section shall be the number of linear feet of Expansion Joints actually constructed and accepted. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per linear foot for Replace Expansion Joints. J :100026100026022.03 IDOCISpecsl T ecSpecGoodland 1 208.doc TS-9 December 2008 1683 CONCRETE TRAFFIC RAILING RETROFIT The work specified under this section consists of constructing a new concrete traffic railing barrier in accordance with Standard Index 481, Scheme 2. Also included under this section are construction concrete transition blocks and Thrie-beam guardrail transitions at all four corners of the bridge in accordance with Standard Index 402 (Sheet 16) and 481, Scheme 2. Demolition of the old traffic railing barrier shall be paid for under Remove Existing Concrete Barrier. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Concrete Traffic Railing Retrofit. PAY QUANTITY a. The pay quantity for the work specified under this Section shall be the number of linear feet of Concrete Traffic Railing determined by measurement in place actually constructed and accepted. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per linear foot. J:\00026\00026022.03\DOC\Specs\ TecSpecGoodland 12_ 08.doc TS- ] 0 December 2008 1683 REMOVE EXISTING CONCRETE BARRIER The work specified under this section consists of removing the existing concrete traffic railing in preparation for constructing the new traffic railing. Remove the existing railing to the limits shown in Standard Index 481. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Remove Existing Concrete Barrier. PAY QUANTITY a. The pay quantity for the work specified under this Section shall be the number of linear feet of Concrete Barrier actually removed as determined by measurement. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per linear foot. J: \00026\00026022. 03\DOC\Specs\TecSpecGoodland] 2 _OS.doc TS-ll December 2008 1683 REFLECTIVE PAVEMENT MARKERS THERMOPLA TIC STRIPING The work specified under this Section consists of the furnishing and installation of pavement markings. Painting traffic stripes shall be performed pursuant to Section 710 and retro-reflective markers and them10plastic traffic stripes and markings shall be perfoDned pursuant to Sections 706 and 711 of the Florida Department of Transportation (FDOT) Standard Specifications, current edition. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Reflective Pavement Markers and Thermoplastic Striping. PAY QUANTITY a. When the quantity for a pay item under this Section is shown to be paid per linear foot, the pay quantity shall be the number of linear feet of Thermoplastic Striping, which shall include all work actually placed and accepted. b. When the quantity for a pay item under this Section is shown to be paid per each, the pay quantity shall be the number of each of the Reflective Pavement Markers, which shall include all work actually placed and accepted. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per linear foot or per each, according to whichever is specified. J :\00026\00026022.03\DOC\Specs\TecSpecGoodland 12 _08 .doc TS-12 December 2008 16 B 3 ;, FENDER, ACCESS LADDER, AND PLATFORM REPAIRS The work specified under this section consists of repairing missing, broken, and decayed planks on the bridge fenders, access ladders, and platforms as outlined in the plans. Repair of damaged or missing steel components of the access ladders and platforms as outlined in the plans are also included under this section. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Fender, Access Ladder, and Platform Repairs. PAY QUANTITY a. The pay quantity for the work specified under this Section shall be one lump sum quantity for Fender, Access Ladder, and Platform Repairs, and shall include all work and materials described and specified herein. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract lump sum price for Fender, Access Ladder, and Platform Repairs. J\00026\00026022.03 \DOC\Specs\T ecSpecGoodland 12 _ 08.doc TS-13 December 2008 1683 MISCELLANEOUS REPAIR ITEMS (Guardrail posts, beam anchor nuts, graffiti) The work specified under this section consists of repair items listed in the plans under Miscellaneous Repair Items unless noted as being paid for under a different pay item in that same section of the plans. Repair and/or replacement of damaged guardrail posts is included under this pay item. Replacement and/or tightening of missing or loose bolts is included under this pay item. Removal of graffiti is included under this pay item. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Miscellaneous Repair Items (Guardrail Posts, Beam Anchor Nuts, Graffiti). PAY QUANTITY a. The pay quantity for the work specified under this Section shall be one lump sum quantity for Miscellaneous Repair Items (Guardrail Posts, Beam Anchor Nuts, Graffiti) and shall include all work and materials described and specified herein. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract lump sum price for Miscellaneous Repair Items (Guardrail Posts, Beam Anchor Nuts, Graffiti). J:\00026\00026022.03\DOC\Specs\ TecSpecG oodland 12_ 08.doc TS-14 December 2008 16 B 3 EXHIBIT K PERMITS GC-CA-K-1 1683 U.S.Depancrnento~. Homeland Security United States Coast Guard Commander (dpb) Seventh Coast Guard District 909 S. E. First Avenue (Rm 432) Miami, A 33131 Staff Symbol: dpb Phone: 305-415-6749 Fax: 305-415-6763 Email: randall.d.overton@uscg.mll 16591/2704 1723 December 10, 2008 JAMES BERNARD, PE TBE GROUP 380 PARK PLACE BLVD (SUITE 300) CLEARWATER, FL 33759 Dear Mr. Bernard, This is in regard to the general plan and project description for the proposed maintenance, repair, scour remediation of the Goodland Bridge on CR 92 across Big Marco River, mile 6.5, Collier County, Florida as noted in your November 20,2008 letter. We fmd the project to be a repair/rehabilitation ofthe existing bridge structure. Since this repair/rehabilitation will not materially alter waterway navigation or the general bridge configuration (horizontal and vertical clearances, roadway width), no Coast Guard permit will be required. We have no objection to the work as described in your general plan, and work over the waterway is authorized providing the following stipulations are adhered to: a. A copy of the contractor's plan, schedule, and sequence of operations, approved by your office or the resident engineer shall be submitted to Mr. Michael Lieberum of this office 60 days prior to any work over or in the waterway. b. There shall be no change in the horizontal or vertical clearance as a result of subject repairs/rehabil itation. c. At no time during the repairs will the waterway be closed to navigation without prior notification and approval of Coast Guard Sector St. Petersburg. This approval may be coordinated through Mr. Michael Lieberurn of this office 305-415-6744, or email . Michae1.B.Lieberum@uscg.mil . If you have any questions, feel free to call Randall D Overton at 305-415-6749. ".~"""""",_,'a",,__-_' "".,,. ._~.-,...."..- -..-........ ~~"'r-~' .~ ..., "', t.:-Ju.~jL..J3..1H.i.~__61~- .-..j $.r;.~'-1__._f.~c"[)._I.L-&tJ,-g.. .J ~ ry /1 ' .-----~-. (. :' ~ RANDALL D OVERTON Federal Permitting Agent Bridge Management Specialist US Coast Guard _.~.. __,.]_:~~,~"1~r;~~.::~k,5!:Y!D~~1~~I'I,H.' .i'.!~...Li'~.~.~~~~ .:~.~..y_.... ...~ ;Fj!(. 000,9' c) ~ '1 0 3 j '-" -....-..."p...-' -""--'-~"---~""'-""'-'~''''-.'''''''''~ ",- ....-._--~ ~_j f' r' ~':Cl p ;.11 (... ftfi:\if' ~)E.r: 1 ~~ 1683 EXHIBIT L STANDARD DETAILS GC-CA-L -1 1683 EXHIBIT M PLANS AND SPECIFICATIONS GC-CA-M-1 rIE GROUP COLLIER COUNTY - BRIDGE REHABILITATION GOODLAND BRIDGE NO. 030184 OVER MARCO CHANNEL QUANTITY COMPUTATIONS J: \00026\00026022. 03\DO C\CostE s t\Sig nedAnd Sealed\[ Goodland _Cost .xl$ JBid Tab BRIDGE DIMENSIONS LENGTH (LF) WIDTH (LF) AREA (SF) 1842 463 85284.6 FLOATING TURBIDITY BARRIER LENGTH (LF) 720 THERMOPLASTIC STRIPING COLOR LENGTH WHITE 3684 YELLOW 3684 7368 ELASTOMERIC JOINT NO. OF JOINTS LENGTH (LF) 2 463 FINISH COATING LOCATION BARRIERS TOP FACE SIDE FACES DECK OUTSIDE FACES GUARDRAIL LOCATION LEFT RIGHT TOTAL LENGTH (LF) 1862 1862 3724 TOTAL 92.6 LENGTH (LF) 1862 1862 1842 WIDTH (LF) TOTAL (SF) 1.000 1862.0 5.67 10552.0 SUBTOTAL (2 EA) 12414.0 0.583 1074.5 TOTAL 26977 Cales Date Cheek Date 16B3'~ MAV 8/15/08 FXH 8/26/08 Bridge length + 10 ft on each side for barrier ext. on approach slab (typ.) Page 1 ~ I3RClUP COLLIER COUNTY - BRIDGE REHABILITATION GOODLAND BRIDGE NO. 030184 OVER MARCO CHANNEL J :100026100026022.03100 CICostEstlSignedAnd Sealedl[ Good land _ Cos t .xls ] Bid Tab SPALLS: I. SUPERSTRUCTURE: SPALLS ON DECK LOCATION/DESCRIPTION SPAN 2: SPALL ( 12 in x 8 in x 3 in ) AT L~FT SIDE 6' FROM EDGE OF SPAN IN THE ROADWAY, IN THE MIDDLE OF THE EASTBOUND Ll\NE. SPAN 3: SPALL ( 6 in x 4 SPALL ( 6 in x 4 SPAN 5: SPl\LL ( 2 in x 2 SPAN 7 : SPALL ( 3 in x 2 SPAN. in x 1 in in x '" in 4' FROM BEGINNING OF SPAN. 25' FROM SEGINNING OF SPAN. in x '" in ) AT LEFT JOINT 2 SHOWING CORROSION SEEPAGE. in x Y. in ) AT LEFT l' HOLLUVIi l\.REA SURROUNDING j';DGE OF SPAN 12: SPALL ( 12 in x 6 in x 3 in ) AT RIGHT LADDER BOLTED TO BRIDGE. SPAN 13: HONEYCOMBING 6 in x 2 in x 1 in ) A~OUND JOINT NEAR EDGE OF SPAN SPAN 15: HONEYCOMBING ( 6 in x 2 in x 1 in ) AROUND JOINT NEAR EDGE OF SPAN SPAN 17: HONEYCOMBING 6 in x 2 in x 1 in ) AROUND JOINT NEAR EDGE OF SPAN SPAN 18: HONEYCOMBING ( 6 in x 2 in x 1 in ) l\.ROUND JOINT NEAR EDGE: OF SPAN SPAN 19: HONEYCOI'13ING ( 6 in x 2 in x 1 in ) AROUND JOINT NKn.R EDGE OF SPI'.N SPAN 20: HONEYCOMBING ( 6 in x 2 in x 1 in ) AROUND JOINT NEAR EDGE OF SPAN Page 2 Cales Date Cheek Date 1683 MAV 8/15/08 FXH 8/26/08 AMOUNT UNITS 0.167 CF 0.014 0.007 CF CF 0.001 CF 0.053 CF 0.125 CF 0.007 CF 0.007 CF 0.007 CF 0.007 CF 0.007 CF 0.007 CF nE GROUP COLLIER COUNTY - BRIDGE REHABILITATION GOODLAND BRIDGE NO. 030184 OVER MARCO CHANNEL Cales Date Cheek Date J :100026100026022. 03\DOC\CostEstISig nedAnd Sealed\[ Good land_ Cos Lxls] Bid Tab I. SUPERSTRUCTURE: SPALLS ON DECK (CONT'D) SPAN 21: SPALL ( 14 in x 12 in x 2 in ) ON ~IGHT ~~IL 1. SPAN 22: HONEYCOMBING ( 6 in x 2 in x 1 in ) AROUND JOINT NEAR EDGE OF SPAN SPAN 23: HONEYCOMBING ( 6 in x 2 in x 1 in ) AROUND JOINT NEAR EDGE OF SPAN EXPANSION JOINTS: SPALLS ( 12 in x 12 in x 1 in ) AT ALL EXPANSION JOINT AREAS. SUBTOTAL II. SUPERSTRUCTURE: SPALLS ON BEAMS SPAN 7: BEAM 3: SPALL ( 8 in x 2 in x % in ) ON THE LO'vlER SOUTH EDGE 4 FT FROM PIER 7. SPAN 8: BAY 5: SPALL ( 12 in x 2 in x Y, in ) ON THE LOWER NORTH EDGE 6 FT FROM PIE~ 11. SPAN 10: BEAM 1: SPALL ( 12 in x 2 in x Y, in ) ON THE LOWER NORTH EDGE 6 FT FROI~ PIER 11. SPAN 12: BEAM 6: SPALL ( 9 in x 3 in x Y, in ) ON THE LOWER SOUTH EDGE AT PIER 12. SPAN 15: BEAM 4: SPALL ( 1.2 ft x 6 in x Y, in ) ON THE LOWER NORTH EDGE AT PIER 15. SUBTOTAL Page 3 MAV 8/15/08 FXH 8/26/08 0.194 0.007 0.007 80.7009 81.3 0.007 0.007 0.007 0.008 0.025 0.054 16B3 CF CF CF CF CF CF CF CF CF CF CF ~ GROUP COLLIER COUNTY - BRIDGE REHABILITATION GOODLAND BRIDGE NO. 030184 OVER MARCO CHANNEL Cales Date Cheek Date J: \00026\00026022 .03\D 0 C \CostE st\Sig nedAnd Sealed\[ G oodland _Cost. xl s] Bid Tab III. SUPERSTRUCTURE: SPALLS ON RAILING SPAN 1: SPALL ( 12 in x 8 in x 2 in ) WITH EXPOSED STEEL ON THE LOWER NORTH ?ACE SPALLS ( 2 in x 2 in x in ) AND ( 6 in x 4 in x in ) AT BEGINNING AND END OF CRACK ON BOTTOM OF RIGHT PAIL=NG. SPAN 7: SPALL ( 3 in x 3 in x Yo in ) AT RIGHT RAIL 3 ON THE NORTHWEST CORNER OF POST 3. SPAN 11: SPALL ( 12 in x 8 in x 3 in ) 'IHTH EXPOSED STEEL ON THE LOWER NORTH ?ACE OF THE LEFT BRIDGE RAIL AT PIER 11. SPAN 12: SPALL ( 8 in x 4 in x 2 in ) WITH SXPOSED STEEL ON THE UPPER SOUTHWEST EDGE OF POST 11 ALONG THE RIGHT SIDE. SPALL ( 14 in x 6 in x 3 in ) AT RIGHT RAIL 4 ON THE BACK OF ?OST 2. SPALL ( 2 in x 2 in x Yo in ) AT EIGHT PAIL 4 ON THE TOP OF THE PAIL. SPAN 15: SPALL ( 10 in x 7 in x 1.5 in ) ON THE TOP OF THE LEFT BRIDGE PAIL. SPALL ( 7 in x 4 in x 1.5 in ) WITH EXPOSED STEEL ON THE TOP OF THE LEFT BRIDGE RAIL AT THE ~ ?OINT. SPAN 17: SPALL ( 10 in x 10 in x 3 in ) AT RIGHT RAIL. SPALL ( 6 in x 6 in x 1 in ) AT RIGHT RAIL. SPAN 19: SPALL ( 10 in x 7 in x 1.5 in ) ON THE TOP OF THE LEFT BRIDGE RAIL. S?ALL ( 14 in x 3 in x % in ) WITH REBAR. SHOWING AT THE R.IGW, SIDE BETWEEN RAILS 2 AND 3. SPAN 20: SPALL ( 10 in x 7 in x 1. 5 in ) ON THE TOP OF THE LEFT BRIDGE RAIL. S?ALL ( 1.5 ft x 1.2 ft x Yo in ) ON THE TOP OF THE LEFT BRIDGE RAIL. SPAN 21: SPI'.LL ( lOin x 7 in xl. 5 in ) ON THE TOP OF THE LEFT BRIDGE RAIL. 4 in x - 8 iT: X 2 6 in x 2 ) A7 LEFT PAIL 1. AT LEFT ?AIL 1 ON AT LEFT RAIL 1. AT LEFT Rl\IL 3 ON TllE SOUTHKll.SC' EDGE OF THE TOP OF THE RAIL. SUBTOTAL Page 4 16B3 ~ MAV 8/15/08 FXH 8/26/08 0.111 0.008 CF CF 0.001 CF 0.167 CF 0.028 CF 0.146 CF 0.001 CF 0.061 CF 0.018 CF 0.174 CF 0.021 CF 0.061 CF 0.018 CF 0.061 CF 0.075 CF 0.061 CF 0.083 CF 0.009 CF 0.074 CF 0.083 CF 1.261 CF ~ GROUP COLLIER COUNTY - BRIDGE REHABILITATION GOODLAND BRIDGE NO. 030184 OVER MARCO CHANNEL Cafes Date Cheek Date J :\00026\00026022. 03\DO C\CostEs t\Sig nedAnd Sealed\[ Good land _ C ost.xls] Bid Tab IV. SUBSTRUCTURE SPALLS BENT 4: PILE 5: SPALL ( 2.5 ft x 10 in x 6 in ) ON THE SOUTH FACE 4 in FRO!1 THE GROUND LINE. BENT 14: PILE 15: SPALL ( 1.5 ft x 12 in x 6 in ) WITH EXPOSED STEEL ON THE NORTHEAST EDGE. BENT 17: PILE 7: SPALL ( 8 in x 6 in x 1.5 in ) ON THE SOUTHEAST EDGE 8 in BELOW THE TOP OF THE MARINE GROWTH. BENT 21: PILE 1: SPALL ( 4 ft x 6 in x 3 in ) ON THE SOUTHEAST EDGE AT THE GRCUND LINE. PILE 8: SPALL ( 1 ft x 8 in x 1.5 in ) ON THE SOUTHWEST EDGE AT THE TCP OF THE !1l'"RINE GROWTH. SPALL ( 1 ft x 1 ft x 3 in ) ON THE NORTHWEST EDGE AT THE WATERLINE BENT 22: SPAN 21: SPALL ( 1.5 ft x 6 in x % in ) WITH EXPOSED STEEL ON THE NORTH FACE OF THE PEDASTAL ON BEAM 7. SUBTOTAL Page 5 MAV 8/15/08 FXH 8/26/08 1.042 0.75 0.042 0.5 0.083 0.25 0.016 2.683 1683 C,," CF CF CF CF CF CF CF rIE C3IFZClUP COLLIER COUNTY - BRIDGE REHABILITATION GOODLAND BRIDGE NO. 030184 OVER MARCO CHANNEL Cales Date Cheek Date J: \00026\00026022 .03IDOC\Cos IE stl5i9 nedAnd 5ealed\[ Goodland _Cost . xis] Bid Tab v. SUBSTRUCTURE: SPALLS ON FOOTINGS PILE CAP 5: HONEYCOMBING ( 6 in x 6 in x 3 in ) ON TOP FACE OF ;"OOTING UNDER COLUMN 1 AT REAR LEFT CORNER. SPALL ( 6 ft x 1 ft x 3 in ON TO? FACE OF LEFT FRONT CORNER OF FOOTING UNDER COLUMN 1. PILE CAP 6: SPALL ( 6 in x 6 in x 1 in ) ON THE TOP FACE OF FOOTING UNDER COLUMN 1. PILE CAP 7: HONEYCOMBING ( 12 in x 12 in x 3 in ) AROUND COLUMN, 4 FEET FROM BASE OF COLUMN 2. PILE CAP 9: SPALL ( 84 in x 3 in x 2 in ) 14 INCHES FROM TOP OF CAP THAT EXTENDS FROM MIDDLE OF LEFT FACE TO MIDDLE OF THE BACK FACE OF CAP UNDER COLUMN 1. SPALL ( 14 in x 14 in x 2 1n ) WITH HONEYCOMBING ON REAR RIGHT SIDE OF CAP UNDER COLUMN 1. SPALL ( 30 in x 20 in x 6 in ) AT CORNER OF REAR AND RIGHT FACES 24 INCHES BELOW TOP OF CAP UNDER COLUMN 2. SPALL ( 16 in x 16 in x 4 in ) WITH REBAR SHOWING AT CORNER OF FRONT AN0 RIGHT SIDES OF THE C./\P UNDER COLUMN 2, 13 INCHES BELO,,") TOP OF ClI.P. PILE CAP 11: SPALL ( 2 in x 0 in x 2 in ) AT BASE OF COLUMN 1 ON LEFT SIDE WITH REBAR SHOVHNG. PILE CAP 12: SPALL ( 6 in x 6 iY1 X 2 in ) ON RElI.R LEFT CORNER OF ClI.P UNDEP. COI~UMN 1. 2 HOLES ( 1 in x 1 in x 1 in ON TOP SUP.FACE OF CAP, LEFT AND FORWAP.D OF COLUMN 1. HONEYCOMBING ( 12 in x 12 in x 3 in ) AT P.EAP. P.IGHT COP.NEP. CNDEP. COLUl"IN 2, 6 INCHES FP.OM TOP OF CAP. PILE CAP 13: SPALL ( 6 in x HONEYCOMBING COLUMN 1. 6 in x 4 in ) ON P.EAP. LEFT COP.NEP. OF CAP UNDEP. COLUMN 1. 16 in x 12 in x 3 in ) ON FRONT LEFT COP.NER OF CAP UNDER PILE CAP 15: 3 SPALLS ( 3 in x 3 in x 3 in ) ON TOP FlI.CE OF FOOTING, BACK LEFT OF COLUMN 1. PILE CAP 16: SPALL ( S in x 5 in x ~ in AT TOP OF THE LEFT FACE OF FOOTING UNDEP. COLUMN 1. SPALL ( 4 in x 4 in x 4 in ON TOP FACE OF FOOTING UNDEP. COLUMN 1, BETWEEN COLUMN AND P.EAR LEFT CORNER. DELM'lINATION ( 12 ft x 4 in ) ENTIRE LENGTH OF REAR FACE OF FOOTING UNDER COLUMN 2. MULTI PLE SMALL DELlI.!VJINlI.TIONS ON TOP F.Z\C~ OF FOOTING, TO THE RIGH" OF COLUMN 2 ( 2.67 CF ). DELAMINATION ( 8 ft x 5 in ) AT TOP CENTER OF RIGHT SIDE OF FOOTING UNDER COLUlvIN 2. SUBTOTAL Page 6 MAV 8/15/08 FXH 8/26/08 0.063 1.5 0.021 0.25 0.292 0.227 2.083 0.593 0.005 0.042 0.001 0.25 0.083 0.333 0.016 0.007 0.037 0.333 2.67 0.278 14.45 TOTAL 99.8 1683 CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF C? CF CF CF CF rfE GRaLlP CRACKS: COLLIER COUNTY - BRIDGE REHABILITATION GOODLAND BRIDGE NO. 030184 OVER MARCO CHANNEL Cales Date Cheek Date J :100026100026022.03100 CICostEstlSig nedAnd S ealedl[ G oodland _Cost .xl s ]Bid Tab I. SUPERSTRUCTURE: CRACKS ON DECK SPAN 1: C~~CK ( 1 ft ) ON CURB FROM SLAB ACROSS THE TOP OF THE CURB. MINOR SPALLING ON BACK OF CURB AND FRONT OF RP.IL POST. CRACK ( 4 ft i ON THE UNDEPSIDE IN BAY 1-5 AT ABUTMENT 1. SPAN 8: CR.)\.CK ( 15 in i 1'.LONG TEE EDGE OF SPAN WITH 6 in HOLLOW AREA 'j'OWAPD EDGE. SPAN 20: MAP CRACKING ? in ) THROUGHOUT. II. SUPERSTRUCTURE: CRACKS ON RAILING SPAN 1: C~~CK (3.5 fti ON THE PIGHT BRIDGE PAIL PANEL EXTENDING ACROSS THE LOWER SECTION OF BENT 2. CRACK ( ? in ) EXTENDING ACROSS LOWEP SECTION AT BENT 2 ON RIGHT RAIL. III. SUBSTRUCTURE CRACK NOTES BENT 4: CRACK ( 10 ft ) FROM THE TOP OF TEE SPALL ON PILE 5 EXTENDING UPWAPD. BENT 5: CRACK ( 8 in ) ON THE NORTH SIDE OF PILE CAP 1. PILE CAP 7: CRACK ( 16 in CRACK ( 48 in C~~CK ( 36 in FACE. CR.)\.CK 30 in CRACK 36 in CRACK 24 in CRACK ( 24 iC1 C?ACK ( 36 in POIN';'. CRACK ( 24 in ) ON RIGHT SIDE OF TOP FACE UNDER COLUMN 2, EXTENDING LEFT TO RIGHT. CRACK ( 36 in ) ON RIGHT SIDE OF TOP FACE UNDER COLUMN 2, EXTENDING BACK TO FPONT. CRACK ( 48 in PILE CAP 5: CRACK ( 46 in COLUMN 1. CRACK ( 48 in CR.)\.CK ( 46 in COLUHN 1. CRACK ( 24 in COLUMN 2, 6 CRACK ( 24 in COLUNN 2. PILE CAP 6: CRACK ( 6 ft CR.)\.CK ( 2 ft IV. SUBSTRUCTURE PILE CAP/FOOTING CRACK NOTES DOWNW]\.RD ON FORW]\.RD LEFT FACE OF THE FOOTING UNDER DOWN'IiiARD AT LEFT FRONT CORNER OF FOOTING UNDER COLUHN 1. x ~ in ) AROUND CORNER ON TOP FACE OF THE FOOTING UNDEP x "" in ) DO\ilNWARD ON FRONT LEFT FACE OF FOOlING UNDER INCHES FROH TOP. ) DOWNWARD ON RIGHT SIDE OF FRONT FACE OF FOOTING UNDER ON THE LEFT FACE OF THE FOOTING UNDER COLUHN 1. ON THE RIGHT FACE OF FOOTING UNDER COLUMN 1. IN FIGHT FOP.'I'IARD CORNER TOP FACE OF CAP UNDE?, COLUB" 1. IN RIGHT FORWARD CORNER TOP FACE OF CAP UNDER COLUMN 1. DO\ilNI~ARD ON RIGHT SIDE FlI.CE UNDER COLUI~N 1 NEAR FFONT ON FRONT FACE OF STRAP BEAN ON TOP 1/3 OF BEAH. DOWNWARD ON REA? OF LEFT SIDE FACE UNDER COLUMN 2. DOliINI'IA?D ON RSAR OF J~EFT SIDE FACE UNDER COLU'VJN 2. ,~.CROSS TOP OF REP.R LEFT CORNER OF CAP 'JNDER COLCt1N 2. DOWmilARD ON ?,EAR FACE CNDER COLUW\J 2, NE.n.R LEFT 1/3 DO'IiiN REAR FACE OF CA? CNDER COLUMN 2, NEP3 RIGHT EDGE. Page 7 1683 MAV 8/15/08 FXH 8/26/08 1 LF 4 LF 1. 25 LF o LF 3.5 LF 2.75 LF 10 LF 0.667 LF 3.833 LF 4 LF 3.833 LF 2 LF 2 LF 6 LF 2 LF 1.333 LF 4 LF 3 LF 2.5 LF 3 LF 2 LF 2 LF 3 LF 2 LF 3 LF 4 LF ~ GROUP COLLIER COUNTY - BRIDGE REHABILITATION GOODLAND BRIDGE NO. 030184 OVER MARCO CHANNEL J: 100026100026022. 031DOCICostE s tlSignedAnd Sealedl[ Goodland _Cost .xls] Bid Tab IV. SUBSTRUCTURE PILE CAP/FOOTING CRACK NOTES (CONT'D.) PILE CAP 7 (CaNT 'D) : CRACK ( 48 in x 2 in ) DOWN RIGHT SIDE "ACE OF CAP UNDER COLUMN NEAR FRONT EDGE. 2 CRACKS ( 36 in ) DOWN FRONT FACE OF CAP UNDER COLUMN 2 NEAR RIGHT EDGE. CRACK ( 48 in ) ACROSS TOP OF LEFT SIDE OF CAP UNDER COLUMN 2, EXTENDING FROM FRONT TO BACK EDGES. CRACKS ( 36 in ) AT FRONT LEFT CORNER OF CAP UNDER COLm1N 2, ONE ON FRONT FACE, ONE ON LEFT FACE EXTENDING DOWNWARD. PILE CAP 8: CRACK ( 48 in CRACK ( 12 in CRACK ( 12 in CRl'"CK ( 48 in ) VERTICAL CRACK DOWNWARD ON REAR FACE UNDER COLUMN 1 NEAR RIGHT EJG~. ON REAR RIG~T FACE OF CAP UNDER COLUMN l. ON FRONT LEFT FACE OF CAP UND~R COLUMN 2. ON FRONT FACE NEAR LEFT CORNER UNDER COLUMN 2. ( 24 in ) ON COLUMN 2, 8 FEET FROM BASE. PILE CAP 9: HAIRLINE CRACK ( 40 in ) ON REAR LEFT SIDE NEAR TOP OF STRAP BEAM. CRACK ( 16 in ) ON LEFT FRONT SIDE NEAR TOP OF STRAP BEl\I~. HAIRLINE C~~CK ( 36 in ) ON BOTTOM HALF OF STRAP BEAM NEAR CENTER. CRACK ( 30 in ) ALONG FRONT H.~LF OF RIGHT FACE UNDER COLUM>I 2. CRACK ( 40 in ) ON FORWARD RIGHT FACE UNDER COLUMN 2 EXTENDING DOWNWARD FROM THE 30 INCH HORIZONTAL CRACK. CRACK ( 12 in ) ON TOP OF CAP UNDER COLUMN 2 EXTENDING INWARD FROM FORWARD RIGHT EDGE. CRACK ( 8 in ) HORIZONTALLY mJ FRONT FACE OF CAP UNDER COLU"jN 2, CLOSE RIGHT EDGE. PILE CAP 10: CRACK ( 60 in ) ON REAR SIDE OF CAP EXTENDING FROM LEFT OF COLUMN 1 TOWARD CENTER OF CAP. CRACK ( 40 in ) ON REAR FACE EXTENDING VERTICALLY AT CENTER OF CAP. PILE CAP 11: CRACK ( 36 in EXTENDING DOWNWARD FROM CENTER OF REAR FACE OF CAP. CR.ACK ( 72 in ACROSS REAR 1/3 OF TOP OF CAP BETlvEEN CCLUlvJ:JS 1 AND 2. CRACK ( 40 in ACROSS FRONT 1/3 CF TOP OF CAP BETWEEN COLUMNS 1 AND 2. 3 CRACKS ( 78 in ) EXTENDING BACK TO FRONT ACROSS THE ENTIRE \HDT:! OF CAP BETWEEN COLUMNS (19.5 LF). CRACK ( 36 in ) DO\'IINWA_RD ON FRONT FACE OF CAP BETWEEN COL;][VJN 1 AND CENTER OF CAP. CRACKS ( 48 in ) EXTENDING LEFT AND RIGHT FROH THE 36 INCH CRAC:; ON THE FRONT FACE NEAR THE TOP OF THE CAP. CRACK ( 84 in ) ON FF.ONT FI'"CE EXTENDING FROB COLUHN 1 TO PAST COLUCVJN 2, 16 INCHES FROH TOP OF CAP. CRACK ( 60 in ) TO\vARD RIGHT CENTER OF FRONT tA_CE OF CAP CONNECTED AT BOTH ENDS TO THE 84 INCH CRACK. CRACK ( 30 in ) DOWNWARD ON REAR RIGHT n\CE OF CAP, 6 FEET FR011 TOP OF CAP. PILE CAP 12: CRl'_CK ( 20 in x COLUMN I. CRACK ( 30 in CRACK ( 24 in BEI'"11. 1 in DEEP) ON FF.ONT RIGHT FACE OF TOP 1/3 OF CAP UNDER DIAGONALLY ACROSS TCP FACE OF STRAP BEAM NEAR CENTER. EXTENDING FF.CM 30 INCH CR}'"CK TCWARD FRONT EDGE OF STR.!I_P Page 8 1683 Cales Date Cheek Date MAV 8/15/08 FXH 8/26/08 LF 6 4 LF LF 3 LF 4 LF 1 LF 1 LF 4 c,F 2 LF 3.333 LF 1.333 LF 3 LF 2.5 LF 3.333 LF 1 LF TO 0.667 LF 5 LF 3.333 LF 3 LF 6 LF 3.333 LF 19.5 LF 3 LF 4 LF 7 LF 5 LF 2.5 LF 1.667 LF 2.5 2 LF LF 'FIE t3RClUP COLLIER COUNTY - BRIDGE REHABILITATION GOODLAND BRIDGE NO. 030184 OVER MARCO CHANNEL Cales Date Cheek Date J : 100026100026022. 031DOCICostEstlSig nedAnd Sealedll Good land_Cost. xis JBid Tab IV. SUBSTRUCTURE PILE CAP/FOOTING CRACK NOTES (CONT'D.) PILE CAP 13: CRACK ( 30 in ) HORIZONTALLY ACROSS ?RONT RIGHT FACE OF CAP UNDER COLUMN 1 EXTENDING FROM CORNER. CRACK ( 2 ft ) DIAGONALLY DO'v>iNWARD FROE 30 INCH CRl\CK ON ::'RONT RIGHT FACE OF FOOTING UNDER COLGMN 1. HAIRLINE CRI\CK ( 60 i:1 ) HORIZONTALLY ACROSS REAR FACE OF STRn.p BEAM, 6 INCHES FROIVJ TOP. CRACK ( 30 in ) DOWNWARD ON RIGHT FAC~ OF FOOTING UNDER COLCMN 2, 6 INCHES FROM TOP, ON FORWARD 1/3 OF FACE. CPACK ( 40 in ) DOWNWARD ON FRONT ?AC~ AT RIGHT CORNER OF FOOTING UNDER COLUMN 2. CRACK ( 60 in ) EXTENDING FROM TOP OF 40 INCH CRACK, ACROSS TOP OF FOOTING ENDING DOWN THE FRONT FACE AT CENTER OF FOOTING UNDER COLUMN 2. CRACK ( 36 in ) ON FRONT FACE, 16 INCHES FROM TOP, EXTENDING FROM LEFT CORNER TOI-JARD CENTER OF FOOTING UND~R COLUMN 2. CRACK ( 30 in x Yo i:1 ) ACROSS TOP OF FOOTING 'JNDER COLU;VJN 2, EXTENDING FROM LEFT EDGE TOWARD CENTER. CRACK ( 22 in ) 0:', TOP Fl'.CE OF FOOTING UNDER COLUlVJN 2, EXTENDING FROM 30 INCH CPACK TOWARD STRAP BEl\J1. CRACK ( 30 in ) Dml'NWARD ON LEFT FACE OF 1"OOTING UNDER COLUHN 2 AT CORNE:R WITH FRONT FACE. PILE CAP 14: HAIRLINE CRACK 60 in AT CENTE? OF STRAP BEA.H ON REAR FACE, 6 INCH~S FROH TOP. HAIRLINE CRI\CK ( 40 in ) ON TOP FACE OF STRi\P BEAIVJ EXTENDING FRO~1 CENTER 01" BEAM TOWARD FOOTING UNDER COLUMN 2. CRACK ( 8 ft ) ALO~G FRONT FACE OF STRAP BEAM, 12 INCHES FROM TOP OF BEAIVJ. CRACK ( 24 in ALONG LOWER FRONT FACS OF STRAP BEAIVJ, 12 INCHES BELOW 8 FOOT CRACK. CPACK ( 30 in DOWNWARD FROM 8 FOOT CRA.CK IN CENTER OF STRAP BEAM. CRACK ( 10 in ) AT FRONT LEFT CORNER ON TOP OF FOOTING UNDSR COLUMN 2 EXTENDING AROUND CORNER FR011 LEFT FACE TO FRONT FACE. PILE CAP 15: 3 CRAC~S ( 12 in ) ON RIGHT SIDE OF COLUMN 1 AT BASE. PILE CAP 16: CRACK ( 12 ft ENTIRE LENGTH ALONG REAR FACE OF STRAP BEAM. V. APPROACH SLAB CRACK NOTES WEST APPROACH SLAB TWO CRACKS ( 65 ft FULL LENGTH OF LONGITUDINAL SURFACE ON ASPHALT SURFACING. EAST APPROACH SLAB FOUR CRI\CKS ( ) ON ASPHALT SURFACING. TOTAL REFLECTIVE MARKERS Yellow White EA 92 92 184 Page 9 1683 ~ MAV 8/15/08 FXH 8/26/08 2.5 LF 2 LF 5 LF 2.5 LF 3.333 LF 5 LF 3 LF 2.5 LF 1.833 LF 2.5 LF 5 LF 3.333 LF 8 LF 2 LF 2.5 LF 0.833 LF 3 LF 12 LF o LF o LF 255.5 LF 1683__ ~ GROUP COLLIER COUNTY - BRIDGE REHABILITATION GOODLAND BRIDGE NO. 030184 OVER MARCO CHANNEL Cales Date Cheek Date MAV 8/15/08 FXH 8/26/08 J: 100026100026022. 031DOCICostE stlSI9 nedAnd Sealedl[ Good land_Cost. xis] Bid Tab REMOVAL OF EXCESS CONCRETE FOR BRIDGE 030184 / GOOD LAND BRIDGE SPAN/DIMENSIONS AMOUNT UNITS l. SP1m 5, 6, & 7 - LEFT SIDE 106.204 SY 287' x 10' x 2"(ENTIRE LENGTH BY E:-1TIRE SHOULDER WIDTH) 2. SPl'.N 7 - LEFT SIDE 16.667 SY 45' x 10' x 2" ( ENTIRE SHOULDEP. \HDTH) 3. SPAN 12 -LEFT SIDE 0.741 SY 60' X 4" x \;;" (SPOP.ADIC ALONG ENTIRE SECTION) 4. S?AN 13 - LEFT SIDE 1.759 SY 30' x ' , x ]~" f 15 ' x 6" V ~II, ;;0' :, 6" x J.,;" ( SPOP.ADIC EXCES S ) ~ 5. SPAN 14 - LEFT SIDE 2.333 SY 30' x l' x 2" , 20' X 6" x 1" 23' x l' x 1" , 6. SPAN 15 - LEFT SIDE, CAN BE CHIPPED OFF 1.901 SY 25' x l' x In, 25' X 4" x L" 18 ' x 1 ' x 1" . , TOTAL 130 SY Page 10 IJBASF The Chemical Company PRODUCT DATA 3 03 01 00 Maintenance of Concrete Description Concresive" Standard LVI is a two- component moisture-insensitive 100% solids low-viscosity epoxy adhesive. It penetrates cracks and voids, bonding hardened concrete to hardened concrete. It can be mixed with aggregate to make high-strength, high-modulus epoxy concrete and mortars. Yield One gallon yields 231 in' (0.001 m') Packaging 3 gallon (11 L) units 15,2 oz (300 by 150 ml) biaxial cartridges, 12 per box; 1 mixing nozzle per cartridge Color Amber Shelf life 2 years when properly stored Storage Store in sealed containers at temperatures between 50 and 900 F (10 and 320 C). 1683 CONCRESIVE@ STANDARD LVI tow-viscosity epoxy adhesive Features . Rapid strength gain · Creep resistant · Low viscosity · Moisture insensitive Benefits Quickly returns repaired areas to service Maintains structural integrity under load Excellent penetration Bonds to damp or dry concrete Where to Use APPLICATION · As a high-strength binder for grouts and mortars · Repairing of concrete slab or walls · Injection of cracks from 0,002 - 0,25" (0.05 - 6 mm) · Repairing of beams, columns, and foundations . Anchoring bolts, dowels, and reinforcing bars · Consolidating rock pockets or honeycombs LOCATION · Horizontal and vertical surfaces · Interior or exterior How to Apply The following information on surface preparation, mixing, and application represents a brief overview. Refer to the Concresive" Standard LVI product packaging for more detailed instructions before using this product. Surface Preparation CONCRETE 1. Substrate may be dry or damp, although dry surfaces product optimum results. New concrete must be fully cured (28 day minimum). 2. Remove grease, wax, oil contaminants, and curing compounds by scrubbing with an industrial- grade detergent or a degreasing compound. Follow with mechanical cleaning (refer to ASTM D 4258). 3. Remove weak, contaminated, or deteriorated concrete by shotblasting, bushhammering, gritblasting, scarifying, or other suitable mechanical means. Follow mechanical cleaning with vacuum cleaning (refer to ASTM D 4259). STEEL 1. Remove dirt, grease, and oil with a suitable industrial-grade cleaning-and-degreasing compound (refer to SSPC-SP-1). 2. Remove rust and mill scale by gritblasting. Blast steel to white metal. Follow gritblasting with vacuuming or oil-free dry-air blast (refer to SSPC- SP-10 and NACE-2). MBT PROTECTION & REPAIR PRODUCT DATA CDNCRESlIIE" STANDARD LVI Technical Data Composition Concresive~ Standard LVI is a two-component 100% solids epoxy. Compliances · ASTM C 881, Type I, II, IV, V, Grade 1, Class C Typical Properties COMPONENT PART A (Resin) PART B (Hardener) Liquid Amber Liquid Amber Form Color Mixing ratio (by volume) Mixed color Amber 2 PROPERlY VALUE Pot life, min, 150 g mass 40 Viscosity, cps (mixed) 300 :t 50 Thin-film cure, days 2 Initial cure, hrs 24 (80% of ultimate strength) Test Data PROPERlY RESULTS TEST METHODS Tensile strength, psi (MPa) 7,500 (52) ASTM D 638 Elongation at break, % 1 (minimum) ASTM D 638 Compressive yield strength, 11,000 (76) ASTM D 695 psi (MPa) Compressive modulus, psi (GPa) 2.5 x 10' (1.75) ASTM D 695 Heat deflection temperature, 124 (51) ASTM D 648 o F (0 C) 1683 Bond strength, slant shear, psi (MPa) ASTM C 882 2 day 1,500 (10) 7 day 2,000 (14) Test conditions: 77' F (250 Cj, cured 7 days. Test results are averages obtained under laboratory conditions. Expect reasonable variations. Mixing 1. The mix ratio is 2 (Parts A) to 1 (Part B). Mix only the amount of material usable before the pot life expires. Thoroughly stir each component before mixing. 2. Measure (ratio) each component carefully and then add Part B (Hardener) to Part A (Resin). 3. Mix Parts A and B using a low-speed drill (600 rpm) and mixing paddle (e.g., a Jiffy mixer). Carefully scrape the sides and bottom of the container while mixing. Keep the paddle below the surface of the material to avoid entrapping air. Proper miXing will take at least 3 - 5 minutes. Well- mixed material will be free of streaks or lumps. 4. Concresive" Standard LVI can be poured into cracks or dispensed with most 2-to-1 plural component pumps. Application PRESSURE INJECTION OF CRACKS 1. Concresive" Standard LVI is formulated for mixing and application with automatic pressure-injection equipment. Follow the recommendations and directions supplied by the equipment manufacturer. 2. Seal the ports and cracks with an appropriate paste epoxy. 3. When the paste is cured, inject Concresive~ Standard LVI using standard pressure-injection equipment or by gravity feed. 4. For injection with side-by-side dispenser, hold in an upright position and use continuous pressure to avoid an improper mixing ratio. PATCHING MORTARS AND GROUTS 1. Use waslled, kiln-dried, and bagged graded silica sand. A carefully selected blend of sands with a low void content will require less epoxy for a given volume of mortar compared to ungraded sands. A good "skip" gradation for low void content is a blend by weight of 2 parts #12 or #16 mesh to 1 part #80 or #1 00 mesh. When graded sands are not avai lable, a good general purpose sand is #30 mesh silica, 2. The maximum placement depth is 1" (25 mm). BOLT AND REBAR GROUTING 1. HDles may be cut either by rotary-percussiDn drilling, fDllDwed by air blDW-Dut with DiI-free cDmpressed air, or diamond core boring, followed by water flush. The hole must be free of water before grouting. Where holes will be precast into the concrete, cast them undersized and drill them to fit. 2. The optimum hole size is 1/4" (6 mm) larger than the bar's; larger annular spaces are less desirable. 3. Pour a measured amount of epoxy into the hole. Insert the bar, displacing the epoxy, then secure the bar in the center of the hole. Remove excess epoxy from around the hole before it hardens. Pressure grouting is recommended for grouting holes deeper than 2 ft (0.6 m). GRAVITY-FEED CRACK FilLING 1. FDr cracks from 1/16 -1/4" (1.5 - 6 mm), V-notch the crack and fill with 60 - 80 mesh sand. 2. Pour the mixed epoxy into the crack until cDmpletely filled. 3. When cracks extend through the slab, be certain to cap seal the back side of the crack. Clean Up Mixed epoxy is much easier to clean up befDre it hardens. Use solvents like acetone or methyl ethyl ketDne (MEK). Use commercial epoxy Dr paint- stripper solvents for hardened epoxy. Consult solvent manufacturer's recommendations. For Best Performance · Application temperature range is 50 to 1050 F (10 to 41 0 C). · Do not add solvents or water to epoxy cDmpDnents. · Neat epDXY binder shDuld not be applied greater than 1/4" (6 mm). CDnsult with manufacturer fDr recommendation. · Bonding to a clean, damp surface is pDssible but less desirable than bonding tD a dry surface. When applying this product to a damp surface, remDve free water by oil-free airblast. · Precondition all components to 700 F for 24 hDurs before using. · Make certain the mDst current versions Df product data sheet and MSDS are being used; call CustDmer Service (1-800-433-9517) tD verify the mDst current versiDns. · Proper applicatiDn is the respDnsibility of the user. Field visits by BASF persDnnel are fDr the purpose Df making technical recDmmendations Dnly and nDt fDr supervising or providing quality cDntrol Dn the jDbsite. Health and Safety CONCRESIVE" STANDARD LVI PART A WARNING CDntains epDxy resin, 1,4-butanediDI ether, D-cresyl glycidyl ether. Risks May cause skin, eye and respiratDry irritatiDn. May cause dermatitis and allergic responses. Potential skin and/Dr respiratDry sensitizer. Ingestion may cause irritatiDn. Precautions Use Dnly with adequate ventilatiDn. Avoid cDntact with skin, eyes and clDthing. Keep container closed when not in use. Wash thoroughly atter handling. DO NOT take internally. Use impervious gloves, eye protectiDn and if the TLV is exceeded or used in a poorly venti lated area, use NIOSH/MSHA apprDved respiratDry protection in accordance with applicable Federal, state and locai regulations. First Aid In case Df eye cDntact, flush thDroUghly with water for at least 15 minutes. In case of skin contact, wash affected areas with SDap and water. If irritation persists, SEEK MEDICAL ATTENTION. Remove and wash contaminated clDthing. If inhalatiDn causes physical discomfDrt, remove tD fresh air. If discomfDrt persists or any breathing difficulty occurs or if swallowed, SEEK IMMEDIATE MEDICAL ATTENTION. For additional information on personal protective equipment, first aid, and emergency procedures, refer to the product Material Safety Data Sheet (MSDS) on the job site or contact the company at the address or phone numbers given below. Proposition 65 This product contains materials listed by the State of California as known to cause cancer, birth defects or other reproductive llarm. VOC Content o g/L or 0 Ibs/galless water and exempt solvents when cDmponents are mixed and applied per Manufacturer's instructions. 1683 MBT PROTECTION & REPAIR PRODUCT DATA CONCRESIVE" STANOARD LVI CONCRESIVE" STANDARD LVI PART B DANGER - CORROSIVE Contains: 2,2,4- Trimethyl-1 ,6-hexnediamine; 2,4,4- Trimethyl-1 ,6-hexnediamine; 2,4,6- Tris((dimethylamine)methyl)phenDI; Diethylenetriamine; o-Sec-butylphenol; Phenol; 1,2-ClycIDhexanediamine. Risks CDntact with skin Dr eyes may cause burns. Ingestion may cause irritation and burns of mouth, thrDat and stomach. Inhalation of vapors may cause irritation. May cause dermatitis and allergic responses. Potential skin and/or respiratory sensitizer. Repeated or prolDnged contact with skin may cause sensitizatiDn. INTENTIONAL MISUSE BY DELIBERATELY INHALING THE CONTENTS MAY BE HARMFUL OR FATAL. Precautions DO NOT get in eyes, on skin or clothing. Wash thDroughly after handiing. Keep container closed. DO NOT take internally. Use only with adequate ventilatiDn. DO NOT breathe vapors. Use impervious gloves, eye protection and if the TLV is exceeded or used in a poorly ventilated area, use NIOSH/MSHA approved respiratory protection in accordance with applicable Federal, state and local regulations. First Aid In case of eye contact, flush thoroughiy with water for at least 15 minutes. In case of skin cDntact, wash affected areas with soap and water. If irritation persists, SEEK MEDICAL ATTENTiON. Remove and wash contaminated clothing. If inhalation causes physical discomfort, remove to fresh air. If discomfort persists or any breathing difficulty Dccurs or if swailowed, SEEK IMMEDIATE MEDICAL ATTENTION. For additional informatiDn on personal protective equipment, first aid, and emergency procedures, refer to the product Material Safety Data Sheet (MSDS) on the job site or contact the company at the address or phone numbers given below. Proposition 65 This product does not knowingly contain materials listed by the State of California as knDwn to cause cancer, birtl1 defects or other reproductive harm. VOC Content o g/L or 0 ibs/galless water and exempt solvents when components are mixed and applied per Manufacture's instructions. For medical emergencies only, call ChemTrec (1-800-424-9300). MBT PROTECTION & REPAIR PRODUCT DATA CONCRESIVE" STANDARD LVI 1683 BASF Construction Chemicals, LLC- Building Systems 889 Valley Park Drive Shakopee, MN, 55379 'NWW. BuildingSystems.BASF.com Customer Service 800-433-9517 @ Technical Service 800-243-6739 _.._ LIMITED WARRANlY NOTICE. Every reasan!lble Effrn1 is ma:le l'J apply BASF ex:actln'J standaf':1s ooth in the rr.anufactUre of our p'odu;ts B'ld in the information which VIe Issue C01cerning these pmdu.;ts and their US!!. We warrant our products to be 01 QOod Quality and will replace or, at:nJr election, refund the purchase once o! any prcdUC$ p:oved defective. Satlsfadary results depend not only upon qua'lll' products, but al5C upon many factors beyond our col11rol. Therefore, eK(;epl for such replacement or refund, R.o.SF MAKES NO WAR~.o.NTY OR GJARANTEE, EXPRESS OR Irv1PUEO, iNCLUDING WARRANTIES OF FITNESS fOR A PARTICULAR ?URPDSE OR MERCHANTA8IUTY, Rc.SPECTlNG ITS PRODUCTS, and eASF shall na~f no other liaJility With respect lhereta. Any daim regard;ng product defect must be receil/ad in wriling within one (1) year from lhs date of shipment. No cla;m I'lIIi be considered without such wntten notice or ~fter the sD8c!fied lime Interval. User shall determine ttle suitability 01 me products for the inten,jed uss and assume all riskS and liability In C01nect::t:1 therewtth. An'! authorized change In the printed r!lCllmmenda1IClns concllrning It',e ,"sa 01 o"rpro.juctr; mustbearlt1esl~nature ofttle BIl,SFTechnlcal r.tianager. ihis info'malion a.,d all f!;rthEr tedlnical advice are based on BASF's present knovJledlJe STld eiperilln,::e.Il()l'lever, BASF assumes no liability filr prO\l!,jirg Budl "brmajon and a.:tJice indIJdi~ the e>:tent to which such :n!omlatiOI1 and ad.,.;ce ma,! ralate 10 sxislinG third party Intellectual prop8rtyri~Clts, especiall\'palant rights In pal"tCLllar, BASF d:sclaims all CDNDITiDNS AND WARRANTIES, 'liliETH::R EXPRESS OR IMPUED, INCWDING THE Ir..,;oUEDWAARANl1ES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTA3IUTY. BASF SHALL NOT 8:: RESPONSIBLE FOR. CONSEQUc"ITIA.L, INDIRECT DR lNGIDENTAL DAMAGES (INCLJD1NG ,~OSS OF PROfiTS) OF A.NY KND. 8A3F reserves the r:C'1tto make anjl chanCes aCCl)rding :Olechn:llogical progress or further devel~rrllms. n IS the CJstomer's respoositlility <rid cbhgaton to CS'lIlully inspect and test any ir::0'l1i1Q goods. PenOrt"lR1Ce ollt1e ;lroduCl':sl desc'bed h9reirl sllOllld be verified b,! tes1i'1g and carried oul only by QUalified elper1S.11 is \tie soe resf,lOn:J)lIit)' of t.lle custO'Tler to calf)' out and arranlle fer any Sl!:t testing. Reference to trade 'lames used rf'J othllf ctlmpan~s is neittler e recomme~.jatiD', '1oranendorsllmentulanypro.ductarddoesnoti",ptythatsimllarpro1u~couldnatbe used. For professional use only. Not for sale to or use by the general public. Form ~;D. 10',9343 7/01 ~rtnlec on re.::y::led j::aper including 10% post-consc;mer fiber. ~ 2007 BASF Printed in U.S.A tit BASF The Chemical Company PRODUCT DATA 7 07 18 00 Concrete Rehabilitation Description DEGADECK~ Crack Sealer Plus is a very low viscosity, low surface tension, solvent free, rapid curing reactive methacrylate resin formulated to penetrate, repair and seal cracks in concrete substrates. POWDER HARDENER is 50% dibenzoyl peroxide (BPO) in granulated powder form to initiate the cure of the DEGADECK~ resin. Yield 100 ft'/gallon (2.5 m'/L), depending on number and volume of cracks as well as porosity of concrete. Powder Hardener: See mixing charts for the appropriate products. Packaging DEGADECK" Crack Sealer Plus is sold by weight and packaged in 38 Ib (17.3 kg) pails and 396 Ib (180 kg) drums. This is equivalent to 4.7 gallons (17.8 L) and 49 gallons (185.5 L) respectively. Powder Hardener: 2.5 Ib bottle 50 Ib box Color Clear liquid Shelf Life 2 year when properly stored Storage Store in cool, clean, dry area. Keep out of direct sunlight. Maximum storage temperature is 860 F (300 C). Store in original and unopened container. 1683 DEGADECK@ CRACK SEALER PLUS Reactive methacrylate resinlior Features · Fast curing (1 hour) · UV resistance · Weather and aging resistant · 2 component · Compatible with other DEGADECK'" methacrylate systems · Protects against water and chloride ion ingress · Can be used at temperatures ranging from 41 to 1 040 F (5 to 400 C) mu:J concrete Benefits On highway and bridge projects, allows fast return of traffic flow, contributing directly to worker and driver safety Exposure to sunlight does not affect product performance Provides long-lasting service life User friendly; ease of installation; shelf life stable Provides complete systems approach to concrete protection Prevents premature deterioration Extended application season Where to Use APPliCATION · Bridge decks · Parking structures · Civil engineering applications · Penetrating flood coat seaier to prevent moisture and ion ingress into substrate LOCATION · Exterior · Horizontal SUBSTRATE · Concrete How to Apply Surface Preparation 1. Inspect the concrete substrate before preparation. Note the location of surface cracks and the presence of contaminants. Concrete surfaces must be dry and free of dust, dirt, oil, wax, curing compounds, efflorescence, laitance, and all other bondbreaking materials. 2. Inspect the underside of the deck for signs of leakage due to full depth cracks. 3. Check weather forecast to ensure dry conditions. Wet substrates must be allowed to dry prior to beginning work. 4. Using a dust-free, mobile shotblaster or gritblaster, brush-blast the substrate to expose surface cracking. 5. Do not use wet preparation methods. 6. Perform a second inspection, noting newiy-found surface cracks. Mark these for pre-treatment. Clean out cracks and the deck surface with oil-free compressed air. rlolifl' l,~:!~J Technical Data Composition Test Data DEGADECK~ Crack Sealer Plus is a reactive PROPERlY RESULTS TEST METHODS methacrylate resin. Appearance Liquid Compliances Specific gravity 0.97 DIN 51757 . DEGADECK" Crack Sealer Plus is classified under DOT regulations as Resin Solution, UN 1866, Viscosity, cP (mPa-sec), at 730 F (230 C) 5-15 ASTM D 2393 Class 3, PG II. Flash point, 0 F (0 C) 48 (9) DIN 51755 Tensile strength, psi (MPa) 8,1 00 (56.4) ASTM D 638 Compressive, psi (MPa) 12,800 (88.2) ASTM D 638 Flexural Strength, psi (MPa) 11,550 (79.6) ASTM D 638 Elongation at break, % 5.5 ASTM D 638 Hardness, Shore D > 80 ASTM D 2240 Water absorption, % / 24 hrs 0.60 ASTM D 570 MBT" PROlCCTION & REPAIR PRODUCT DATA DEGADECK' CRACK SEAlER PLUS 16B3 Mixing DEGADECK" Crack Sealer Plus must be mixed with the appropriate amount of Powder Hardener just prior to application. Air/substrate temperature determines the amount as follows: TEMPERATURE WEIGHT % VOLUME o F (0 C) OUNCES 41 (5) 5 11 50 (10) 4 8.5 59 (15) 3 6.5 68 (20) 2 4 86 (30) 2 . Please cOQsult BASF Technical Services for applications outside this temperature range. Using clean, dry plastic buckets, add Powder Hardener to DEGADECK" Crack Sealer Plus and mix until dissolved (approximately 1 minute). Mixed DEGADECK" Crack Sealer Plus must be applied immediately. Do not exceed 5-gallon (20 L) batch mixes. Application 1. DEGADECK" Crack Sealer Plus is applied as a flood coat in a gravity-fed process by broom or roller. 2. The contents of the mixed batch should be immediately poured onto the substrate and worked into cracks by distributing with 1 /2" to 3/4" (13 - 20 mm) nap soivent grade rollers or broom. Do not allow material to pond. Application rate is 100 W/gal (25 m'/L). 3. Do not allow the mixed batch to remain in the mixing vessel. It is advisable to randomly broadcast a 30 mesh (600 I-lm), dry aggregate into the wet, uncured resin at the rate of approXimately 4 Ib/1 00 It' (200 g/m~. 4. Working time for DEGADECK" Crack Sealer Plus is between 1 0 and 15 minutes once it has been appiied to the substrate. Full cure to specification wiil be between 45 minutes and 1 hour. Pre-Treat Wide Cracks Cracks over 1/8" (3 mm) should be treated individually prior to deck application. Full depth cracks may require alternative treatment to prevent runoff of resin. Fill wider cracks with dry, 30 mesh silica sand. Mix a small amount of DEGADECK" Crack Sealer Plus, pour into cracks and distribute with a paint brush. Squeeze bottles can aiso be used. Drying Time Allow one hour for DEGADECK" Crack Sealer Plus to gain ful I mechanical properties. Check for dry- to-touch condition. End result should be a darker- colored, matte finish with a minimal surface film and some loose broadcast aggregate. Open to traffic. Clean Up Clean tools as needed with MMA, acetone, ethyl acetate or similar solvents. For Best Performance · Application temperature range of substrate is between 41 and 1040 F (5 and 400 C). · DEGADECK" Crack Sealer Plus is NOT a high molecular weight methacrylate (HMWM). · DO NOT use for vertical surface treatments. · DEGADECK" Crack Sealer Plus is a sacrificial film that will wear out over time, however the cracks will continue to be protected. · Periodically inspect the applied material and repair localized areas as needed. Consult a BASF representative for additional information. · Make celiain the most current versions of product data sheet and MSDS are being used; call Customer Service (1-800-433-9517) to verify the most current version. · Proper application is the responsibility of the user. Field visits by BASF personnel are for the purpose of making technical recommendations only and not for supervising or providing quality control on the jobsite. Health and Safety DEGADECK" CRACK SEALER PLUS Warning DEGADECK" Crack Sealer Plus contains methyl methacrylate: acrylic polymer; and methacrylic ad d ester. Risks FLAMMABLE LIQUID AND VAPOR. May cause skin and eye irritation. Ingestion may cause Irritation. Inhalation of vapors may cause irritation and intoxication with headaches, dizziness and nausea. Repeated exposure may cause injury to the kidneys and liver. Repeated or prolonged overexposure may cause central nervous system damage. May cause dermatitis and allergic responses. Repeated or prolonged contact with skin may cause sensitilation. Precautions KEEP AWAY FROM HEAT, FLAME AND SOURCES OF IGNITION. Heat, aging, or contamination may lead to violent rupture of sealed containers. Vapors are heavier than air. Keep container closed. Check periodically for warm or bulging containers. Use only with adequate ventilation. DO NOT get in eyes, on skin or on clothing. Wash thoroughly after handling. DO NOT breathe vapors. DO NOT take internally. Use impervious gloves, eye protection and if the TLV is exceeded or used in a poorly ventilated area, use NIOSH approved respiratory protection in accordance with applicable Federal, state and local regulations. Empty container may contain hamdous residues. All label warnings must be observed until container is commercially cleaned or reconditioned. First Aid FIRST AID MEASURES: In case of eye contact, flush thoroughly with water for at least 15 minutes. SEEK IMMEDIATE MEDICAL ATTENTION. In case of skin contact, wash affected areas with soap and water. If irritation persists, SEEK MEDICAL ATTENTION. Remove and wash contaminated clothing. If inhalation effects occur, remove to fresh air. If discomfort persists or any breathing difficulty occurs, or if swallowed, SEEK IMMEDIATE MEDICAL ATTENTION. Refer to Material Safety Data Sheet (MSDS) for further information. VOC Content < 250 g/L or 2.09 Ibs/gallon, less water and exempt solvents. tT'6TECB & ~R PROOUCT DATA DEGADECK" CRACK SEALER PLUS POWDER HARDENER Danger - Organic Peroxide Powder Hardener contains dibemoyl peroxide; and dicyclohexyl phthalate. Risks May cause skin, eye and respiratory irritation. May cause dermatitis and allergic responses. Repeated or prOlonged contact with skin may cause sensitization. May cause dermatitis and allergic responses. Ingestion may cause irritation. Precautions KEEP AWAY FROM HEAT, FLAME AND SOURCES OF IGNITION. Use only with adequate ventilation. Avoid contact with skin, eyes and clothing. Keep container closed when not in use. Wash thoroughly after handling. DO NOT take internally, Prevent inhalation of dust. Use impervious gloves, eye protection and if the TLV is exceeded or used in a poorly ventilated area, use NIOSH/MSHA approved respiratory protection in accordance with applicable Federai, state and local regulations. Empty container may contain hazardous residues. All label warnings must be observed until container is commercially cleaned or reconditioned. First Aid In case of eye contact, flush thoroughly with water for at least 15 minutes. In case of skin contact, wash affected areas with soap and water. If irritation persists, SEEK MEDICAL ATTENTION. Remove and wash contaminated clothing. If inhalation causes physical discomfort, remove to fresh air. If discomfort persists or any breathing difficulty occurs or if swallowed, SEEK IMMEDIATE MEDICAL ATTENTION. Refer to Material Safety Data Sheet (MSDS) for further information. VOC Content o g/L or 0 Ibs/gallon, less water and exempt solvents when components are mixed and applied per manufacturer's instructions. For medical emergencies only, Call ChemTrec (1-800-424-9300). MBTO PROTECTION & REPAIR PRODUCT DATA DEGADECKo CRACK SEALER PLUS @ = registered trademark DEGADECK~ = trademark of Evonik R6hm GmbH, Darmstadt / Germany BASF Construction Chemicals, LLC - Building Systems 889 Valley Park Drive Shakopee, MN, 55379 www.BuildingSystems.BASF.com Customer Service 800-433-9517 (S) Technical Service 800-243-6739 __._ 1683 LIMITED WkRAAf\rv NeTICE Every reas:lnBole eftJrt is ma::!e to apply BASF exacting standards om In the manufacture of our prodLt:1:s and in t'le informaCion "mich '...alssuf cancemirlg IDesa products and ttleir use. We warrant 00: products to I:le :If good Q'Jality and will replace or, at:lUr election, refund the purchase price of any /J~oclucts provad defective, SaIls1actory results depen,j not only upCln Quality prooucts, but !I\so upoo many factors beyond our control. Therefore, except for such r!!placement or refund, BASF MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCWDING WARAANTlES OF FITNeSS FOR A PARTICULAR PURPOSE OR ME.RCHAr,TABIUTY, RES?ECTING ITS PRDOUGT3, and BASF shall have no other lIabllity\vIth respect thereto, Any claim 'eijarding p'oduct defect m~st be reGe;VB,j in writing within one {ll year from lt1e date of shipment No claim wlU be considered without such written rJotice or <Jfter the speCified time inter,ral. User shall determlre the suitability 01 !tie prClOUcts 10r the intended use and assume all r,sks and liabil:ty In coonection therewith. Any author12ed chaf1ge In the printed recomm13ndallClns co~cernh9 the I1se of our products mLJst bear the signature of the BASF TeChnical hAarJager. T~is inlor'TiatiClfl ar:.t aU lurlt1er tedlnical actlice are base:.! OrJ MSF's Pfesan1 knowledge and elq:Jerience. However, BASF assume5 f1(lllabmty for pro'Jidirll slIdl irrforma:ion and advice i'leiudinll the eXlerlt to which such infomlatioo ami a:ivies mOlY r5lijte \C e~st,ng thIrd oartylnlellectuClI orooertyrill'lts, especialiy palenl rights. In particular, BhSF disclairr:s all Cm.jJiT;DNS AND WARRANTIES, WHETHER EXPRESS OR IMPUED, INCWDING T :-IE.IMPUE.DwA~R.Il,NnES OF FITNESS FeR A PAATIGULA~ PU~POSE. OR MERC'-i.6.NTA3iUTY. BASF SHALL NOT BE. RESPO~SI3LE FOR CONSEQUENTIAl, INDI~E.CT OR INCIDEN1AL DAMAGES (INCLUDING LOSS OF PROATS) OF ANY I'JND. BASF reserves Me right to ma\\e any changes a~cordin~ to technolog':-.al progress or further c1evel~rnl!f1ts, It is tile cl.'stomer's responsibility and cbligajon to carefully Inspe::t and fest ally Incomln~ goods, PerfQrmarH~e 0: tle produc:(s) described hareln shoi.lld be vermed by testing an:.! carred Q-Jt ooly by qualj',oo e~erts.11 Is ltie &ole respons,tJllity 01 the customer to carry :JUt and a'range for allY su::;t; ~sting. Relerer:e to trade flames used by otIler wnpan.es is neither a recommendaion, nor an errdorserrent Of a"yprOOJGt an,j does nO': im;l~' trlat similar prO,ju::l:s could not be used. For professional use only. Not for sale to or use by the general public. Form 1\0. ",03"18 11/08 Printed on re~cled paper I:lOUding 1 0% po~"consumer liber, ~200BBASF Prir,ted in U,S.A. -BASF The Chemical Company PRODUCT DATA 3 03 01 00 Maintenance of Concrete Description LA40 PMAC Repair Mortar is a pre- extended one-compDnent, shrinkage- compensated micro CDncrete that is polymer modified and contains an integral cDrrDsiDn inhibitDr. It is designed for large-vDlume repairs, including structural elements, typically in applications from 3" (76mm) to full depth. Yield 0.43 It.' per 55 lb. (0,012 m'/25 kg) bag 0.62 It.' per 80 lb. (0.018 m'/36 kg) bag Packaging 55 Ib (25 kg) bag Shelf life 1 year when properly stored Storage Store and transport in clean, dry cDnditions from 40 to 850 F (4 tD 290 C) in unDpened containers. High temperatures or high humidity will reduce the shelf life. 1683 LA40 PMAC REPAIR MORTAR One-component, polymer modi~iedl !.mm'abie/pun1!pable, pre..extended micro concrete with integral cmnJsinn inhibitor Features · Shrinkage-compensated · Polymer modified · Contains corrosion inhibitor · Pumpable · Reliable · High early strength · Low permeability Benefits Dual expansion system compensates fDr shrinkage in the plastic and hardened states Exceptional bond to concrete substrates with no bDndlng agent needed Aids in the protection of embedded steel against corrosion Suitable for placement in pumping or pouring applications into conjested locations Pre-bagged to overcome site-batched variations; only the site addition of clean water is required Reduces form cycle time and placement costs Provides protection against carbon dioxide and chloride intrusion Where to Use APPLICATION · Large volume structural repairs typically 3" to 12" (76 to 305 mm) deep · Repair or replacement of spandrel beams, columns, balcony edges · Partial or full-depth placements of structural concrete elements · Parki ng garages · Water and wastewater tanks · Tunnels, dams, bridges · Marine structures LOCATION · Interior or exterior SUBSTRATE · Concrete How to Apply Surface Preparation Area to be repaired must be structurally sound and fully cured. Saw cut or cut back the extremities of the repair locations to a depth of at least 3/4" (19 mm) to avoid featheredging and to provide a square edge. Break out the complete repair area up to the sawn edge, across the entire area Df the repair. Clean the surface and remove any dust, unsound or contaminated material, plaster, oil, paint, grease, corrosion deposits, or algae. Where breaking out is not required, roughen the surface and remove any laitance by light scabbling or abrasive blasting. Oil and grease deposits should be removed by steam cleaning, detergent scrubbing, or the use of a degreaser. The effectiveness of decontamination Sllould then be assessed by a pull-off test. MBT PROTECTION & REPAIR PRODUCT DATA LA40 PMAC REPAIR MORTAR Technical Data Physical Properties DESCRIPTION OFTEST Fresh wet density Compressive strength 2 in. (51 mm) cubes TEST METHOD ASTM C 138 ASTM C 109 1683 TYPICAL RESULTS 137-144Ib./ft'. (2.2-2.3 kg/L) 2,500 psi (17.2 MPa) @ 1 day 5,300 psi (36.5 MPa) @ 7 days 6,500 psi (44.8 MPa) @ 28 days 5,700 psi (39.3 MPa) @ 28 days 1,350 psi (9.3 MPa) @ 28 days 650 psi (4.5 MPa) @ 28 days 700 ustrains @ 28 days Very low (less than 1,000 coulombs) @ 28 days Results were obtained with a water/powder ratio of 4 Qts.l80 lb. (3.8 U36 kg) bag or 2.7 Qts.l55 Ib.(2.6 U25 kg) bag. All application and performance values are typical for the material, but may vary with the test method, conoitlons, and configurations. LOW TEMPERATURE CONDITIONS In cold ambient temperatures down to 450F (yaC), the use of warm mixing water (up to 860F or 30oC) is advisable to accelerate strength development. Normal precautions for winter working with cementitious materials should then be adopted. The material should not be applied when the substrate and/or air temperatul"B is 450F WC) and falling. At 450F (yaC) static temperature or at 450F (yaC) and rising, the application may proceed. Refer to ACI 306R, Cold Weather' Concreting. HIGH TEMPERATURE CONDITIONS At ambient temperatures above 950F (350C), the material should be stored in the shade and cool water used for mixing. Keep equipment cooled. Refer to ACI 305, Hot Weather Concreting. LA40 PMAC Repair Mortar must be placed immediately after mixing. Application FORM WORK The unrestrained surface area of the repair must be kept to a minimum. The form work should be rigid and tight to prevent loss of material and have properly sealed faces to ensure that no water is absorbed from the repair material. The form work should include drainage outlets for presoaking and, if beneath a soffit, provision for air venting. Provision must also be made for suitable access points to pour or dump the mixed concrete into place. Form design should allow for a minimum of 1.5" (38 mm) cover to all steel. Compressive strength 3 X 6 in. (76 X 152 mm) cylinders Flexural strength Splitting tensile strength Drying shrinkage ASTM C 39 ASTM C 348 ASTM C 496 ASTM C 157 (modified) ASTM C 1202 Mixing Thorough mixing of LA40 PMAC Repair Mortar is required. A forced-action mixer is essential. Mixing in a suitably sized container using an appropriate paddle with a slow speed (400/500 rpm) heavy-duty drill is acceptable. Free-fall mixers must not be used. Mix full bags only. It is essential that machine mixing capacity and the crew size is adequate to enable the placing operation to be carried out conti nuously. 55 LB. (25 KG) BAG Measure 2.7 quarts (2.6 L) of potable drinking water and pour 3/4 into the mixer. With the machine in operation, add one full 55 lb. (25 kg) bag of LA40 PMAC Repair Mortar and mix for one minute before adding the rest of the water. Mix for a further 2 to 3 minutes until a smooth consistency is obtained. Note that powder must always be added to water. The quantities mixed may be scaled up as required. When the drill and paddle mixing method is used, the complete 2.7 quarts (2.6 L) of water should be placed in the mixing drum. With the paddle rotating, add one full 55 lb. (25 kg) bag of LA40 PMAC Repair Mortar and mix 3 minutes until a smooth, even consistency is obtained. Depending on the ambient temperatures and the desired consistency, additional water may be added up to a maximum liquid content of 2.9 quarts (2.7 L) per 55 lb. (25 kg) bag of LA40 PMAC Repair Mortar. If there is any doubt as to wlletiler a homogeneous mix has been achieved. Rapid chloride permeability REINFORCING STEEL PRIMING Remove all oxidation and scale from the exposed reinforcing steel in accordance with ICRI Technical Guideline No. 03730 "GUide for Surtace Preparation for the Repair of Deteriorated Concrete Resulting from Reinforcing Steel Corrosion." For additional protection from future corrosion, coat the prepared reinforcing steel with Zincricil Rebar Primer or install Carr-Stops'" CM. SUBSTRATE PRiMING Several hours prior to placing LA40 PMAC Repair Mortar, the prepared concrete substrates should be saturated by filling the prepared form work with clean water. Immediately prior to the placement of LA40 PMAC Repair Mortar, this water should be completely removed and the drainage outlets sealed, leaving the substrate saturated surtace dry (SSD) with no ponded water remaining. Where the form work cannot be filled with water, spray tile substrate with clean water to achieve a saturated surface dry (SSD) condition immediately prior to placement of LA40 PMAC Repair Mortar. When a combination surface applied bonding agent and corrosion resistant rebar primer is desired, Epoxy Adhesive 24LPL or Rebar Primer and Bonding Agent should be used. Refer to the data sheet for further details. Curing LA40 PMAC Repair Mortar must be cured in accordance with good concrete practice. If the repair area is to receive a coating, wet curing is recommended. As an alternative, an ASTM C 309 compliant curing compound can be used. Other curing options include application of wet burlap (burlap must be kept continuously moist); application of polyethylene sheeting taped down at the edges; or a combination of the above to keep the finished repair moist for a minimum of 7 days. Refer to ACI 308 Standard Practice for Curing Concrete. In cold conditions, the finished repair must be protected from freezing. Clean Up LA40 PMAC Repair Mortar should be removed from tools, equipment and mixers with clean water immediately after use. Cured material can only be removed mechanically. Equipment used with Zincrich Rebar Primer should be cleaned with Solvent 102 or xylene. Clean hands and skin immediately with soap and water or Industrial hand cleaner. Do not use solvents. For Best Performance · Minimum ambient, surface and material temperatures should be 450F (JDC) and rising at the time of application. · Do not mix partial bags. · Do not use to repair horizontal areas where the surface of the fresh wet LA40 PMAC Repair Mortar would remain unrestrained during cure. · Do not expose to rain or moving water during application. · Do not vibrate LA40 PMAC Repair Mortar while it is in the fluid consistency. · Do not use additives with LA40 PMAC Repair Mortar. · LA40 PMAC Repair Mortar can be pumped with conventional concrete pumping equipment - rotor/stator pumps are not recommended · Make certain the most current version of this data guide is being used; call Customer Service (1-800-433-9517) to verify tile most current version. · Proper application is the responsibility of the user. Field visits by BASF personnel are for the purpose of making technical recommendations only and are not for supervising or providing quality control on the job site. 1683 MBT PROTECTION & REPAIR PRODUCT DATA LA40 PMAC REPAIR MORTAR Health and Safety LA40 PMAC REPAIR MORTAR Caution LA40 PMAC Repair Mortar contains Crystalline (Quartz) Silica, Iron Oxide, Portland cement, Anhydrite, Calcium Oxide, Magnesium Oxide Risks Product is alkaline on contact with water and may cause injury to skin or eyes. Ingestion or inhalation of dust may cause irritation. Contains smali amount of free respirable quartz which has been listed as a suspected human carcinogen by NTP and IARC. Repeated or prolonged overexposure to free respirable quartz may cause silicosis or other serious and delayed lung injUly. Precautions Avoid contact with skin, eyes and clothing. Prevent inhalation of dust. Wash thoroughly after handling. Keep container closed when not in use. DO NOT take internally. Use only with adequate ventilation. Use impervious gloves, eye protection and if the TLV is exceeded or used in a poorly ventilated area, use NIOSH/MSHA approved respiratory protection in accordance with applicable Federal, state and local regulations. First Aid In case of eye contact, flush thoroughly with water for at least 15 minutes. In case of skin contact, wash affected areas with soap and water. If irritation persists, SEEK MEDICAL ATIENTION. Remove and wash contaminated clothing. If inhalation causes physical discomfort, remove to fresh air. If discomfort persists or any breathing difficulty occurs or if swallowed, SEEK IMMEDIATE MEDICAL ATIENTION. Refer to Material Safety Data Sheet (MSDS) for further information. Proposition 65 This product contains material listed by the state of California as known to cause cancer, birth defects or other reproductive harm. VOC Content This product contains 0 g/L or 0 Ibs./gallon less water and exempt solvents. For medical emergencies only, call ChemTrec (1-800-424-9300). MBT PROTECTION & REPAIR PRODUCT DATA LA40 PMAC REPAIR MORTAR 1683 1 BASF Construction Chemicals, LLC - Building Systems 889 Valley Park Drive Shakopee, MN, 55379 wWVv. Sui I di ngSystems. BASF com Customer Service 800-433-9517 @ Technical Service 800-243-6739 ___ UMITED WARRAl'ffi' NOTiCE E:'1ery reasooable e1lort is made tel apply 3ASF eKacting sta1c1ards botll in the l1anLfactlJre 01 our pr'Jdur;!s and In \'1e inlorrr.atiol'l vlhlch we issue c,)ncerning these products ami ttleir use. We warrant our products to be 01 good quality and will replace or, at (JUt elec~on, refund the purcl1asg p~lce 01 81:" products oroved ~Iecti\le, Satisfactory results depencl not only UpCll1 quality products, but also upon many laCl'.ors beyond oor control. Therefore, except for !;lith raplllcement or refund, BA5F MAKES NO WARR~NTY OR GIJARANTE!:, EXPRESS OR irv1PUEJ, INCWDING WARRANTIES OF FiTNESS FOR A PARTIClIlAR PURPOSE O~ MERCHANTA8!UTY, RESPECTING 115 PRODUCTS, and BASF shall hal'tl no other liability \'Jlth respect thereto. Any claim regarding product defect must be recel',lfd In wrltln~ within one (1) year from tile elate of shipment. No c aim will be considered \'ltthout SLJch ~vrllten nolice or after the specified ~mB inte'Val. lJser shall d61errnine the stJitabllity ell the products for the Intemied use arlel assume all risks and liab!lil)' 1'1 :onnet::lion therewltn. Any aLJthari2ed changB in the printed recommendatiOlls conceroinQ the use 01 O'Jr prC!lucts must bear the signanJ'e of the BASF Technical Mar,ager. This Information Erld alllurthel tecMlcal alMc;e are based 01 BASPs p'eserrt knll'l~adge and iWeria1cll. Hlmever, BA5F assumes no liabHily far pfovidif1g su:h inlorrr.ation anef advice ioclllding the eK'cen1 to which sult1 iroformatlGl and ar:l'1ice fr,ay relate to existing ttlirel party Intellectual o~operty rllltt.s, esoacially palent rights, In particular, BASF d'sclalms all GONJITIONS kND WARRANTIE:S, 'WHET"ffi EXPRSSS OR IMPUEO, INC!..UDING THE IMPLIED WARRANTIES Of F:TNE:SS FOR A PARTICULAR PURPOSE DR MERCHA~TABI!Jl1', BASF SHAll '\lOT as RESPONSI9LE FOR CCNSEQUENTIAL,INDIRSCT OR INCIDENTAL DAMAGES DNGLJOING LOSS OF PROFITS) OF Pm KINO. BASF reser,9S the righllO m~e any changes according 10 technolOlllcalll'Ogress rx Illrthar t1eval(tlments.1t is the customar's responsibility and oOligation to CBr~lIy inspect and test irIY incOOling goods. Performance of li1e plOdUC!1s] described here:T] shOJld be verll1ed by testing l1Ild ca.'rilld out Drily I1'j qualmed el:p~rts_11Is 1I1e so,e resmmsilJlli:y of the CJstrrne' to C~rTY oot 8110 arranGe for err; such tl'Stlng. Raference IJ trade 'la.mes used by oth81 companies is neither a recomnendatlon, norar ellclorsementol <r1yproducl and does nal irr:Jl'jltlal similar prodU($ COJld not bel'sed. For professional use only. Not for sale to or use by the general public. Form No, 10341'4 8/07 Prlnled ()f1 recycled paper including 10% post-consumer fiber. ~20D7Bt.SF Printed In U.S,A, ~BASF The Chemical Company PRODUCT DATA 30301 00 Mai1lenanceof Concrete Description Sonocrete" Gel Patch is a lightweight, one-component, high-strength, polymer-modified, silica-fume- enhanced repair mortar with an integral corrosion inhibitor. It can be placed in lifts up to 2" without forming. Its cementitious formula incorporates microscopic glass-bead technology for excellent workability and superior finishing. Yield 0.43 ft'/43 Ib bag (0.012 m'/19.5 kg) Packaging 43 Ib (19.5 kg) polyethylene-lined bags Color Concrete gray Shelf Life 1 year when properly stored Storage Store in unopened containers in a clean, dry area. 1683 GEL PATCH Nonsag concrete repa~r mortar with integral for vertical and overiliE:ad applications inhibitor Features · Nonsag Benefits Place in 2" (51 mm) thick lifts; readily sculpted, shaved, and finished Protects reinforcing steel from corrosion Mixes easily with water Enhances finishing and aesthetic appearance Produces stable, durable bond Hangs without sagging Improves adhesion; provides increased freeze/thaw stabi lity Easy to trowel; enhances quality control Prevents corrosion from a wide range of sources and environments · Very low chloride permeability · One component · Superior workability · Low shrinkage · Light microscopic beads · Polymer modified · Precise blend of aggregate · Contains an integral corrosion inhibitor Where to Use APPLICATION · Spalls or holes in concrete · Deteriorated edges LOCATION · Vertical or overllead · Interior or exterior · Above or below grade SUBSTRATE · Concrete . Masonry . Block How to Apply Surface Preparation 1. Surfaces must be clean, sound, free of laitance, standing water, dust, grease, dirt, oil, efflorescence, paint, curing compounds, form oils, and other surface contaminants. 2. Mechanically remove all loose materials with chipping hammer, chisel, sandblast, waterblast, or similar methods. 3. For proper adhesion, the concrete substrate must have a fractured aggregate profile. 4. Clean any exposed steel reinforcement to a white metal finish and prime with an anti-corrosion coating. 5. Repair areas should have saw-cut straight edges with a minimum of 1/4" (6 mm) depth (avoid featheredging). MBT' PROTECTION AND REPAIR PRODUCT DATA GEL PATCH Technical Data Composition Gel Patch is composed of crystalline (quartz) silica and Portland cement. Typical Properties PROPERTY VAlUE 20 - 30 Working time, min, at 700 F (210 C) 1683 Test Data PROPERTY RESULTS Compressive strength, psi (MPa) 1 day 2,150 (14.8) 7 days 5,600 (38.6) 28 days 6,750 (46.5) Modulus of elasticity, psi (MPa) 5.6 x 10' (3,861) Splitting tensile strength, psi (MPa) 1 day 310 (2.1) 7 days 560 (3.9) 28 days 610 (4.2) Flexural strength, psi (MPa) 1 day 500 (3.4) 7 days 800 (5.5) 28 days 1,110 \1.7) Bond strength, psi (MPa) 1 day 900 (6.2) 7 days 1,900 (13.1) 28 days 2,450 (16.9) Water absorption, %, 28 days 4 Chloride permeability, Very low range coulombs length change, %, in/in, wet cure 1 day +0.019 7 days +0.028 28 day +0.034 length change, %, in/in, dry cure' 1 day -0.026 7 days -0.11 28 days -0.15 linear coefficient of thermal 5.3 x 10-5 expansion, in/in/o F TEST METHODS (CRITERIA) ASTM C 109, modified' ASTM C 215 ASTM C 496, modified. (wet cure) ASTM C 348, modified' ASTM C 882, modified. (mortar scrubbed into substrate) ASTM C 642 AASHTO T- 277 (According to ASTM C 1202, table 1) ASTM C 157 ASTM C 157 ASTM C 531 . At 50% relative humidity Test results are averages obtained under laboratory conditions. Reasonabie vanations can be expected. Mixing 1. Precondition Gel Patch to 700 F ::t50 (210 C ::t30) before mixing. 2. For best results, mechanically mix at slow speed with a 3/4" drill and mixing paddle. Hand mix for small repairs. 3. Add approximately 2-3/4 quarts (2.6 L) of potable water into a clean mixing container. Gradually sift in powder 1/3 at a time while mixing continuously at slow speed (high speeds may entrain air). Mix for a minimum of 3 minutes to ensure a uniform, lump-free consistency. Do not exceed a total of 3 quarts (2.8 L) of mixing water per 43 Ib (19.8 kg) bag. 4. Placement time is 20 - 30 minutes at 700 F (21 0 C) and 50% relative humidity. 5. Multiple units may be mixed in a mortar mixer as follows: (a) predampen mortar mixer; (b) remove any excess water; (c) add 2-3/4 quarts (2.6 L) of clean water per 43 Ib (19.8 kg) unit; (d) add units gradually; (e) mix for 3 - 5 minutes to a uniform, lump-free consistency; (0 add remaining water as required, not to exceed 3 quarts (2.8 L) per 43 Ib (19.8 kg) unit. Application 1. Dampen the surface with clean water; it must be saturated surface-dry (SSD) with no standing water. 2. Apply a small quantity of mixed Gel Patch to the SSD substrate. Thoroughly key in and work the material throughout the cavity to promote bond. 3. Place mortar and key in and compact thoroughly to secure bond. 4. Apply material in lifts of 1/4 - 2" (6 - 51 mm). Avoid featheredging. For optimum mechanical bond on successive lifts, thoroughly score each lift and allow to reach initial set before the next layer is applied. 5. Trowel material to the desired finish after initial set. Curing Curing is mandatory. Damp cure for 3 days. If the surface cannot be damp cured, use an appropriate curing compound. Clean Up Clean all tools and equipment immediately with water. Cured material can only be removed by mechanical means. For Best Performance · Do not bridge moving cracks or joints. · Do not add any admixtures or extend with aggregate. · Bonding agents are recom mended for large areas as well as permanently damp areas. . Do not apply below 400 F W C) or above 900 F (320 C). · Protect from freezing for 24 hours after application. · Do not exceed water requirements. · Featheredge installations may suffer from reduced durability. · Failure to follow good trade practices may result in decreased material performance. · Make certain the most current versions of product data sheet and MSDS are being used; call Customer Service (1-800-433-9517) to verify the most current versions. · Proper application is the responsibility of the user. Field visits by BASF personnel are for the purpose of making technical recommendations only and not for supervising or providing quality control on the jobsite. Health and Safety GEL PATCH Warning Gel Patch contains silica, crystalline quartz; portland cement; alumina cement; silica, amorphous; silica, fume; aluminum oxide; calcium oxide; anhydrite; iron oxide; lithium carbonate Risks Product is alkaline on contact with water and may cause injury to skin or eyes. Ingestion or inhalation of dust may cause irritation. Contains small amount of free respirable quartz which has been listed as a suspected human carcinogen by NTP and IARC. Repeated or prolonged overexposure to free respirable quartz may cause Silicosis or other serious and delayed lung injury. 1683 MBT' PROTECTlON AND REPAIR PRODUCT DATA GEL PATCH Precautions Avoid contact with skin, eyes and clothing. Prevent inhalation of dust. Wash thoroughly after handling. Keep container closed when not in use. DO NOT take internally. Use only with adequate ventilation. Use impervious gloves, eye protection and if the TLV is exceeded or used in a poorly ventilated area, use NIOSH/MSHA approved respiratory protection in accordance with applicable Federal, state and local regulations. First Aid In case of eye contact, flush thoroughly with water for at least 15 minutes. In case of skin contact, wash affected areas with soap and water. If irritation persists, SEEK MEDICAL ATTENTION. Remove and wash contaminated clothing. If inhalation causes pllysical discomfort, remove to fresh air. If discomfort persists or any breathing difficulty occurs or if swallowed, SEEK IMMEDIATE MEDICAL ATTENTION. Refer to Material Safety Data Sheet (MSDS) for further information. Proposition 65 This product contains material listed by the State of California as known to cause cancer, birth defects or other reproductive harm. vae Content o glL or 0 Ibs/galless water and exempt solvents. For medical emergencies only, call ChemTrec (1-800-424-9300). MBT" PROTECTlON ANO REPAIR PRODUCT DATA GEL PATCH 1683 BASF Construction Chemicals, LLC - Building Systems 889 Valley Park Drive Shakopee, MN, 55379 WNW,BulldingSystems,BASF.com Customer Service 800-433-9517 Technical Service 800-243-6739 €) LIMITED WARRAWY NO-:-!CE Every reasonable efto11s made to apply BASF exactln~ standards both in t'1e manufacture 01 Cl!' produ:;ts anclln the information which Vie Issue conceminQ these products and their use. We warrant mJr prodUcts to be t:JI good Quality and will replace or, at O'Jr election, refund 1he purchaSE price of ary prodUCts proved d~ectl'ia. Satisfactory results depend not only upon quallt)' products, but also upon mar'!Y factors beyond our control, Theref[ll'e, except for such replacement or refund, BASF MAKES NO WARRANTY DR GUARANEE, EXPRESS OR IMPLIED, INCLUDING Wb,AAANTlES OF FITNESS FOR A PARTICULAR PJAPDSE OR MERGK4NTA3UlY, RES;;IECTlNG 17$ PRODUCTS, and BASF sI1all ~,Bve no other liability with respec!tI1erelo, Any claim reQa~cflr;~ product deject nustbe received in writing wrthin one (1) year from ttJe data of shipment. No cla'm will be considere:J without such written notice or alter ';he specllied time interval. User shall detennlne the suitability of the products for the intendlld use and assume all rIsks and IIElbil1ty In ,:;orlOeC'tion therev...ith. Any authorized cranlle In the printed '6comm!ll1datlons C[lncarnin~ the use of our products rr'..l& b!lB.f tile slv"lalUre althe BASf Tec1nlcal Manager. This information and ail furt!ier tacflnical ,;.juice afe based on BASF's present knowledge and experie"lC9. HDwever, BASF assumes no liabllt:y for pro'~ding sum information and ad,"ee Ir1clUding 1tl9 extent to which sllCh infomlatian and adYlce may relate to existing t1'1ird partyin:ell!lctt;a~ property rillhts, espeCially patent fightS. In partieuar, BA5F disclaims all GONDITIONSANC WARRAJ\lTIE.S, WHETHE~ EXPR::SS OR I1v1PUED, INGWDING THE IMPUEDWARRANTlES Of F1T"lESS fOR A PARTICULAR PJRPOSE DR fv1ERCHANTABIUTY. BASF SK!\LL NOT BE RESPQ"l$lBLE FDR CONS:OU::NTIAL, INClIRE::T 0::; INCIDENTAL DAr~AGES (INCWDING LOSS OF PRocITS) OF ANY KINO. BASF rewrYes It,e fi~ht to maka ary changes aCCJrdinll to tech1ological progress c:t fumer o!Well\1ments. it is the custome~s responsibllit)' and:tlligabon to carelully insoect a1d test any inctm;;ng gOJl!s. Performance 't the prodLJct(s) ck!scribed he-ei.1 shOl.;"jbe verified by lestlng and carrifd out onty by Qualllied e;.parts.lt Is 'Jle &ole responsl;Jillty olttle CL's!omer to calT'J out ilnt arrange ft),' arri S'Jch testlr.g. Relererce to trace names. used 01' other cOI11pan:~s is I'lel\tler a recommendation, nor an en,jorsenenl of any product and does nJllmply ttlat similar prOCJcls cocld not be u~ed. For professional use only. Not for sale to or use by the general public. Fc:m No. -017889 2/08 Printe,jor recyc-e,jpa:::erinClJding10%posl-consumerfiber @ 2008 BASF Pri'T':ed in U.S.A. , IJ BASF The Chemical Company PRODUCT DATA 1683 30301 20 ~:~:~:~:~~~n~~rCing ZINCRICH REBAR PRIMER One-component 7ff1c-rich epo;<Y' primer for steel reinforcemewlt Description Zincrich Rebar Primer is a one- component epoxy primer. It is designed to prime and protect reinforcing steel. Zincrich Rebar Primer combats corrosion through electro-chemical means by preventing anode transfer. Yield 150 - 250 lineal ft per quart (1/2" # 4 rebar) Packaging 1 quart (0.9 L) cans Color Metallic gray Shelf life 1 year when properly stored storage Store and transport in cool, clean, dry conditions between 40 and 850 F (4 and 290 C) in unopened containers. Features · Dries to touch in 15 - 45 minutes · Epoxy chemistry · No restrictive pot life · One-component product Benefits Time saving Compatible with all repair mortars Allows ample time for proper application Easy to use Where to Use APPLICATION · As a primer for existing reinforcing steel How to Apply Surface Preparation 1. Fully expose any corroded steel in the repair area. Remove all loose scale and corrosion deposits, paying particular attention to the back of exposed steel bars. 2. Mechanically abrade all exposed steel to remove corrosion from pits and imperfections within its surface. 3. If a significant portion of cross-section has been lost, replace or supplement the reinforcing steel. Application 1. Zincrich Rebar Primer must be stirred thoroughly before usi ng. 2. Apply Zincrich Rebar Primer to a dry surface as soon as possible after completion of the preparation work-but always within 3 hours. Apply 1 full and unbroken coat with suitable brush, making sure the back of the exposed steel reinforcing bars are properly coated. 3. Apply 2 coats each at 4 mils WFT to ensure complete coverage of the surface. Allow the first coat to fully dry before applying the second. 4. Concrete-repair materials can be applied as soon as the Zincrich Rebar Primer is fully dry (generally 20 minutes to 1 hour). Do not leave the primed surfaces exposed to the elements for longer than 7 days before overcoating or applying repair materials. Clean Up Clean hands and skin immediately with soap and water or industrial hand cleaner, not solvents. Remove Zincrich Rebar Primer from tools, equipment, and mixers with xylene immediately after use. For Best Performance · Do not use a 100% solids epoxy bonding agent on steel that has been prepared with Zincrich Rebar Primer. · Do not apply Zincrich Rebar Primer when the ambient or substrate temperature is below 400 F W C), when the temperature is above 950 F (350 C), or if the temperature is within 50 F (30 C) of the dewpoi nt. · Make certain the most current versions of product data sheet and MSDS are being used; call Customer Service (1-800-433-9517) to verify the most current version. · Proper application is the responsibility of the user. Field visits by BASF personnel are for the purpose of making technical recom mendat/ons only and not for supervisi ng or providing quality control on the jobsite. ..n .'I~. MBT PROTECilON & REPA!R PROOUCT OATA ZINCRICH REBAR PRIMER Technical Data Composition Zincrich Rebar Primer is a one-component epoxy primer. Typical Properties PROPER1Y Specific gravity Recommended thickness per coat, mils, DFT Drying times 680 F 950 F (200 C) (350 C) Touch dry, min 45 15 Fully dry / recoatable, min 30 - 60 20 - 45 All application and performance values are typical for the material, but may vary test methods, conditions, and configurations. VALUE 2.1 - 2.2 2 16B3 Health and Safety ZINCRICH REBAR PRIMER Warning Zinc rich Rebar Primer contains Zinc, Xylene, Epoxy resin, Methyl ethyl ketone, Ethyi benzene, Zinc oxide, Inorganic lead. Risks Flammable liquid and vapor. May cause skin and eye irritation. Ingestion may cause irritation. Inhalation of vapors may cause irritation and intoxication with headaches, dizziness and nausea. Suspect cancer hazard. Contains material which may cause cancer. Risk of cancer depends on duration and level of exposure. Reports associate repeated or prolonged occupational overexposure to solvents with permanent brain, nervous system, liver and kidney damage. May cause dermatitis and allergic responses. Potential skin and/or respiratory sensitizer. INTENTIONAL MISUSE BY DELIBERATELY INHALING THE CONTENTS MAY BE HARMFUL OR FATAL. Precautions KEEP AWAY FROM HEAT, FLAME AND SOURCES OF IGNITION. Vapors are heavier than air. Keep container closed. Use only with adequate ventilation. Avoid contact with eyes, skin and clothing. Wash thoroughly after handling. Avoid breathing vapors. DO NOT take internally. Use impervious gloves, eye protection and if the TLV is exceeded or used in a poorly ventilated area, use NIOSH/MSHA approved respiratory protection in accordance with applicable Federal, state and local regulations. First Aid In case of eye contact, flush thoroughly with water for at least 15 minutes. SEEK IMMEDIATE MEDICAL ATTENTION. In case of skin contact, wash affected areas with soap and water. If irritation persists, SEEK MEDICAL ATTENTION. Remove and wash contaminated clothing. If inhalation causes pllysical discomfort, remove to fresh air. If discomfort persists or any breathing difficulty occurs, or if swallowed, SEEK IMMEDIATE MEDICAL ATTENTION. Refer to Material Safety Data Sheet (MSDS) for further information. Proposition 65 This product contains materials listed by the State of California as known to cause cancer, birth defects or other reproductive harm. VOC Content 581 g/L or 4.84 Ibs/galless water and exempt solvents. For medical emergencies only, call ChemTrec (1-800-424-9300). BASF Construction Chemicals, LLC - Building Systems 889 Valley Park Drive Shakopee, MN, 55379 www.BuildingSystems.BASF.com Customer Service 800-433-9517 ~ Technical Service 800-243-6739 ___ UMITED WARRANTY Non:.: Every reasonaole effort Is maje to apply BASF e~acting 5tlII'ldards bottlln the mal'lulaclure 01 our pr~ducts and in the information which we Issue concernil'lg these pro,juc':s and tt:eir use. We warrantoUf prooucts to be of good quaiity and w1R replace or, at our elec1ion, re fund the purchase price 01 anYPlOducts pr:)v9ddelectiva. Satisfact[lry resu l:Sdependnolonlyupo1qualityprodJcts,butalsouponmanylactors beyond our control. Therefore, e~cepl for Slich repl~cemellt or relund, BASF MAKES NO WAR~NTY OR GUARANTEE, 9J'RESS OR IMPUED. jNCWJING WARRANTIES OF RTNESS FOR A PARTICULAR PURPOSE OZl MERCHA1;-;ABIUTY, ~5PECTING ITS PRODUCTS, aIld BASF shall ha\16 no other liability wittl respect thereto, An'j' claim regard'ng producl defect mus1 be received In writing within one (1) yaal from the date 01 shipment. No claim will be considered without such written notice or atter the specified time inlerval. Usel shall d~ermine the SlJitabllity of l'1e prodUcts tor the Intended 'Jse and assume all ris<s and liabIlity In connection therewith. A.1'j ,lJrhorized chanQe In tl1e printed r~cornmendalions concemjn~ the use of our orodLlcts must bear ttle signature of 1I1e BASF -:-echnical Manager. This lrll()l'matiCJ1 and aU lu'ther lechni::al advice are lJasad on BASF's pre58m knlllMedQe and experience, KaN€lIBr, BASF assumes no liability lor prcNiding such information ~d advice including the exlentto whiCh such informatlcn and a,jvice may relate to exls~ng tl1ird party intellectual property rlgrrts, espBcial~ patent rights.lr. partiCUlar, BASF disclaims all CONJITIONS ANO WARRl\NTIES, WHETHER EXPRESS OR IMPlIED,INCWJING TH: IMPlIEDWARAANTIES OF ::rfl'lESS FOR A PARTICULAR PURPO.3E. OR MERGHANTABlUlY. BASf SHAll NOT BE RESPONSIBLE FOR CONSEQUENTIAL, INDIR:CT OR INCIDEJ'\ITAL JAMAGES ONCWOING LOSS OF PROFITS) OF ANY KIND. aASF reserves the right to r:-uke any changes 3crordlng '.0 te:;:tmologlc.aJ progress ()l' lurther develltlmerrts. f+: islhe cu~tomer's reSPiJfisiullity and obligation to carefully inspect and tesl any incamif1g goojs Performance of the prcxluc\l:s) described herein shOUld be verified bytes':ing and C1Jfried out iJfily by (fJaUfled e'operls.lt Is Itle roe re5J:mnsibliity of the CIJslomer to carry out a1d a'Tange for a1Y su::tltesllng. Refere1ce to trade nal"1es l.1Se<J by otl1er compa.tes IS ne;tI1sf a re':omrr,endat;~n. nor an enOJr5e:r,ent of any product and ooesnot Imply ftlat smilarproducts coui d not be used For professional use only. Not for sale 10 or use by Ihe general public. F01T1 No, .C;8988 8/07 Pr1rted on recycled paper including 10% pos!-:onsumerfiber, ~ 2007 BASF Prirted in U,S.A. ~BASF The Chemical Company PRODUCT DATA 9 09 97 23 Coatings for Concrete and Masonry Description Thorocoat'" water-based, high-build, 100% acrylic waterproof coating for above-grade concrete, masonry, stucco and EIFS. Yield See chart on page 3. Tilt-up wall applications: Thorocoat'" Smooth, Fine and Coarse can be applied in 1 coat at 60 - 80 W/gal (1.5 - 2.00 m'/L), achieving OFT of 7.5 - 10 mils (190 - 254 microns) for Smooth and 10- 13 mils (254 - 329 microns) for Fine and Coarse textures. It is recommended that Thoro'" CM Primer be applied In order to have a two-coat system, which ensures above grade waterproofing. Actual coverage may vary depending on substrate texture and porosity. Rough textured suriaces may require additional coats to achieve the minimum film build. The objective is to obtain a pinhole free, consistent film build on all treated suriaces. BASF always recommends applying a test area to determine actual coverage. Apply in an unstretched, uniform manner. THOROCOAT@ Water-based, high.bHi!d~ 100% ;i:lcrylir: watenm~of ,:;oiJlting Features · Available in smooth, fine, and coarse textures · Resists wind-driven rain · Excellent adhesion · Breathable · UV resistance · Carbon dioxide diffusion barrier · Excellent hiding power · Excellent color retention · Freeze/thaw resistant · Tough finish · Recoatable · VOC compliant · Also available in algae resistant (A+) and perlite texture formulas 16B3 Benefits Design versatility Helps prevent water penetration into the substrate Bonds securely to substrate for long-term durability Allows water vapor to escape from the structure; prevents peeling and blistering Looks like new long term Protects embedded steel from corrosion Covers vari ations in substrate appearance Resists color fading Suitable for cold climates Resists erosion Easy and cost -efficient to maintain Environmentally friendly Versatility Packaging 5 gallon (18.9 L) pails 30 gallon (114 L) drums (for factory tinted material oniy) Color Thorocoat'" is available in 4 bases (pastel, medium, ultra and neutral) and 48 standard colors through the Elements color program. Color formulations are available through the electronic Thoro'" Tint Manual. Custom colors are available upon request. For further information, please consult your local BASF distributor or representative. Texture Smooth, fine and coarse Shelf Life 1 year when properly stored. Storage Store in unopened containers protected from freezing in a clean, dry area. Where to Use APPLICATION · For protecting and decorating LOCATION · Vertical and overhead suriaces · Exterior or interior · Above grade SUBSTRATE · Concrete and masonry · Cement plaster, stucco and EIFS THORO' PROOUCT DATA THORDCOAr' Technical Data Composition Thorocoat" contains water, acrylic emulsion, fillers and other proprietary ingredients Test Data THOROCOAT" SMOOTH PROPERTY Density, Ibs/gal (kg/L) Solids, % By weight By volume Viscosity, KU vac content, Ibs/gal (g/L) RESULTS 11.4-12.4 (1.37 -1.49) TEST METHODS ASTM D 1475 ASTM D 5201 1683 THOROCOAT~ FINE PROPERTY Density, Ibs/gal (kg/L) Solids, % By weight By volume Viscosity, KU vac content, Ibs/gal (g/L) 56,2 38 102 -110 0,90 (107) ASTM D 562 (Stormer) ASTM D 3960 RESULTS TEST METHODS 13.1 -14,1 (1,57 -1,69) ASTM D 1475 ASTM D 5201 68,6 49 117 -125 0,57 (68) ASTM D 562 (Stormer) ASTM D 3960 111 OROCOAT" COARSE PROPERTY Density, Ibs/gal (kg/L) Solids, % By weight By volume Viscosity, KU vac content, Ibs/gal (g/L) RESULTS TEST METHODS 699 50 RESULTS TEST METHODS Meets requirement - TT-C-555B no water penetration Passes ASTM G 23, Type D Passes ASTM D 1729 Passes ASTM D 4214 Passed DOT Method A and B 13 ASTM D 1653 Meets requirement: TT-C-555B no blistering, loss of adhesion, or discoloration 13.2 - 14.2 (1.58 - 1.70) ASTM D 1475 ASTM D 5201 THOROCOAT~ SMOOTH PROPERTY Resistance to wind-driven rain Accelerated weathering, 5,000 hrs Visual color change, 5,000 hrs Chalking, 5,000 hrs Freeze/thaw resistance, 50 cycles 117 -125 0.53 (63) ASTM D 562 (Stormer) ASTM D 3960 Water-vapor permeance, perms Moisture resistance, 16B3 ll-IORO' PRODUCT DATA THORoeOAT' Test Data THDRDCOAT" SMOOTH, CONTINUED PROPERTY RESULTS TEST METHODS Salt spray (fog) resistance, Passed ASTM B 117 300 hrs Carbon-dioxide diffusion PR EN 1062-6 R (equivalent air-layer thickness), ft (m) 1,318 (402) Sc (equivalent concrete thickness), in (em) 39 (100) Flexibility, No cracking ASTM D 1737 1" mandrel Dirt pick-up, % 92.02; passed ASTM D 3719 after 6 months exposure Sand abrasion resistance, Passed ASTM D 968 Method A at 3,000 L Impact resistance, Passed ASTM D 2794 at 30 in-Ibs Fungus resistance No growth ASTM D 3273 Meets requirement Mildew resistance Fed Spec. TT-P-29 Aspergillus oryzae, 7 days No growth (Fed, Std, 141, Method 6152 Aspergillus niger, 21 days No grol'l1h and 6271.1) Surface burning characteristics ASTM E 84 Flame spread 1 Smoke 4 Fuel contribution 7 Flash point, 0 F (0 C) > 200 (93) ASTM D 56 Tag Closed Tester Test results are averages obtained under laboratory conditions. Reasonable variations can be expected. Yield TEXTURE RATE, WET FILM, DRY FILM, FT'/GAUCoAT (M'IL) MilS (MICRONS) MILS (MICRONS) Smooth 75 - 100 (1.84 - 2.46) 22 - 16 (559 - 406) 8 - 6 (203 - 152) Fine 75 - 100 (1,84 - 2.46) 22 - 16 (559 - 406) 11 - 8 (279 - 203) Coarse 75 -100 (1,84 - 2.46) 22 -16 (559 - 406) 11 - 8 (279 - 203) lliORO' PRooueT OATA THOROCOAT" How to Apply Surface Preparation 1. Surface should be clean and sound. Concrete substrates should have a minimum 28 day cure and be free of ail bond-inhibiting contaminants. 2. High-pressure water blast (or abrasive blast on hard, dense surfaces) surface to medium grit sandpaper texture (reference ICRI guide 03732 SP 3). 3. Repair any holes, spailed and damaged concrete with appropriate BASF Construction Chemicals repair materials. Remove any protruding concrete accessories and smooth out any irregularities. 4. Some stains may require chemical removal. Be sure to neutralize the compounds and rinse with clean water. 5. Remove any blisters or delaminated areas and sand edges to smooth rough areas and provide transition to old paint areas. 6. Check adhesion of old paint using ASTM 0 3359, measuring adhesion by Tape Method A. 7. Treat cracks greater than 1/32" with (brand) Knife Grade or Brush Grade patching compound. Treat cracks larger than 1 /4" as expansion joints and fill with appropriate BASF Construction Chemicals sealant. CRACKS 1. Locate and properly prepare all cracks. 2. Clean and detail static hairline cracks caused by plastic or drying shrinkage and fill by a brush coat of Thorocoat'" Smooth and allow to dry. 3. Clean and detail static cracks greater than 1 /32" (0.8 mm) in width and fill with Thorolastic'" Knife Grade or Brush Grade elastomeric patching material (see Form No. 1019113). 4. Treat cracks greater than 1/4 by 1/4" (6 by 6 mm) as standard seaiant joints according to a reputable sealant manufacturer's instructions. Contact BASF Technical Service for recommendations. Mixing Instructions 1. Mix Thorocoat'" at slow speed with drill and mixing paddle to ensure uniform color and aggregate disbursement and to minimize air entrapment. 2. In multi-pail applications, mix the contents of each new pail into the partially used pail to ensure color consistency and smooth transitions from pail to pail. Application 1. Thorocoat'" is meant to be applied as a two-coat system, achieving a totai dry-film thickness (DFl) of 12 - 16 mils (304 - 406 microns). 2. Apply Thorocoat~ by brush, spray, roller, or spray-and-backroll. Spray apply Thorocoat'" Coarse for best results. 3. Thorocoat"' is designed as a high-build acrylic coating. 4. Maintain proper uniform wet-film thickness (WFl) during application to ensure the performance characteristics desired (see yield rates section). 5. Always work to a natural break and maintain a wet edge during application. 6. For uniformity of color and texture, application techniques must be consistent throughout the project. Inconsistent application techniques will produce texture or color variations. ROLLER 1. Use a quality 1/2 - 1-1/4" nap roller cover (Iamb's wool preferred). 2. Completely saturate the roller and keep It loaded with the coating to build the required mils. Never dry roll. 3. Roll the coating in a consistent fanlike pattern to achieve uniform mil thickness. 4. Cross roll to achieve uniform thickness and maintain a wet edge. Backroll in one direction as stroke variations may result in uneven color and texture. BRUSH 1. Application by brush is recommended only for small inaccessible areas, e.g., on touch-ups. 2. Use a nylon brush only. SPRAY 1. Equipment is available for spraying ail grades of Thorocoat"'. For fine and coarse textures, it is necessary to use a heavy-duty sprayer designed for the application of coatings that contain sand particles. Gun pressure should be around 30 psi (0.21 MPa). Contact Technical Service for further recommendations. 2. Backrolling after spray application is strongly recommended to achieve uniform texture and film thickness. Clean Up Clean all tools and equipment immediately with water. Cured material may be removed by 16B3 mechanical means. Drying Time Times assume 700 F (210 C) and 50% relative humidity. To toUCll: 1 - 2 hours To recoal: 2 - 4 hours To full cure: 5 days Lower surface or air temperatures and higher relative humidity will extend the drying time. For Best Performance · Pmtect from freezing. If partially frozen, place containers in heated area and ailow to gradually warm. Do not apply heat directly to containers. · Do not apply when the temperature (substrate or ambient) is 400 F W C) or below or is expected to fall below 400 F W C) within 24 hours after application. · Do not apply if rain is expected within 24 hours of application. · Not for immersion service. · Do not apply to horizontal traffic-bearing surfaces. · Do not apply over moving cracks, control joints or expansion joints. · Do not use as crack bridging coating; refer to Thorolastic"' product data sheet. · Do not apply to existing coatings that are not compatible. Perform appropriate adhesion tests. · Apply a 4 by 4 ft (1.2 by 1.2 m) test area to verify acceptable color, texture and adhesion before proceeding with any project. The test method for measuring adhesion is ASTM 0 3359, Measuring Adhesion by Tape, Method A. On the o - 5 scale, a minimum adhesion rating of 4A is required. · Do not use solvents or thinners to reduce the material. · Make certain the most current versions of product data sheet and MSDS are being used; call Customer Service (1-800-433-9517) to verify the most current version. · Proper application is the responsibility of the user. Field visits by BASF personnel are for the purpose of making technical recommendations only and not for supervising or providing quality control on the jobsite. Health and Safety THORO COAT'" Caution Thorocoat'" Coarse/Fine contains ethylene glycol and crytalline quartz silica. Thorocoat'" Smooth contains ethylene glycol, ester alcohol, crystalline quartz silica and zinc oxide. Risks May cause eye, skin, or respiratory irritation. Ingestion may cause irritation. Repeated ingestion may cause kidney damage. Contains small amount of free respirable quartz which has been listed as a suspected human carcinogen by NTP and IARC. Repeated or prolonged overexposure to free respirable quartz may cause silicosis or other serious and delayed lung injury. Precautions Avoid contact with eyes, skin and clothing. Use with adequate ventilation. DO NOT take internally. Wash thoroughly after handling. Use impervious gloves, eye protection and if the TLV is exceeded or if used in a poorly ventilated area, use NIOSH/ MSHA approved respiratory protection in accordance with federal, state and local requirements. Keep container closed when not in use. All label warnings must be observed until container is commercially cleaned or reconditioned. First Aid Eye contact, flush thoroughly with water for at least 15 minutes. SEEK MEDICAL ATTENTION. In case of skin contact, wash affected areas with soap and water. If irritation persists, SEEK MEDICAL ATTENTION. If inhalation causes physical discomfort, remove to fresh air. If discomfort persists or any breathing difficulty occurs or if swallowed, SEEK IMMEDIATE MEDICAL ATTENTION. Refer to Material Safety Data Sheet (MSDS) for further information. Proposition 65 This product contains materials listed by the state of California as known to cause cancer, birth defects, or other reproductive harm. vac Content Tllorocoat'" Coarse/Fine: 63 - 68 g/L or 0.53 - 0.57 Ibs/gal, less water and exempt solvents Thorocoat'" Smooth: 1 00 - 1 07 g/L or 0.83 - 0.89 Ibs/gal, less water and exempt solvents. For medical emergencies only, call ChemTrec (1-800-424-9300). 1683 mORa' PRODUCT DATA THDRDCDAT" ~'-'''''-~'~''----''''''-~1_1Oll THORO' PROOUCT DATA THOROCOAT" 1683 BASF Construction Chemicals, LLC - Building Systems 889 Valley Park Drive Shakopee, MN, 55379 WNW. Build! ngSystems, BASF, com Customer Service 800-433-9517 (S) Technical Service 800-243-6739 ___ UMITED WARRANTY NC""ICE Ever)' reasonalJl!! efltlrt is made to apply li'ISF exactinG standards both in the manulacture of our pro1L'cts and in be Information '.'Jhlch we isslJe concamnq tn9Se p.oducts and their use. We warrarrtour products 10 be ofgootl quality ano v.1l1 replace or, at our election, r eftrnd the purcha$s price 01 any protl'Jt:ts pr:wed delectlva, SatislaCLllry results de pend not only upon qualltyproOtt:'ts,butalso U!JOO marJyhctors beyond our control. Therefore, except for such replacement Of refund, BASF MAKES NO WAF\AANTY OR GlJ/..AANTEE, EXPRESS DR IMPLEJ, INCUJ)ING WARRANTIES OF FITNESS FDA A PARTICULAR PU::tPOSE OR M~CKA'HABILITY, RES?ECTlNG rrs PRODUCTS, and BASF shall hallfi no ottler liability ','lith r~specllhllreto, Any daim regard,ng product defect must ~ recelvellln INf'itinli within one (1 I year Irom the date 01 snlpment. No claim will be cDrlsider1ld without su~h written notke or after the specified time Inte~....1. User sIlall determine the wltabUlty of t~ products fOf the inlenoed use and assume all risks am! liability in connection therewl:n, Any author12ed cnanga In me printed recommendations :;oncemlng the use 01 our products must bear ttle signature of the BASF Technical Manager. Th,s irlfOlT11a1ix and all further technical advice 3'e oosed on BASF's presern know1edge and e~erlen(e. HOWe"llf. BASF assumes no i.ab'iity lor prollidinJ such Inlormaton ami adolice inCluding the extent to whicl', such in1armalio,1 and advice may relate to eXisting lt1ird party Intellectual propeny riJhls, espscia1lypalent rights, In pa:rtJcular, BASF disclaims all CONJITIONSAND WARAANTISS, VVHETHER EXPR:S$ OR IrllpuE.D,INCWDIN3 THE JMPUEDWARRANTlES OF FITN!:SS R)R A PAR~IGULAR PURPOSE OR MERCHAf\'TABIUTY. Bf9 SHAll NOT BE RESPONSIBLE FOR CONSE:JUENTIAl, INDiRECT OR INGIDENTAL DAMAGES ONCLUDING LOSS OF PROFITS) OF A"IY KIND, BASF reSS"\'!lS the right tlJ f1'Iake any changes accorcin~ lD technological ~ogress 0' lur'thar developments, Ills the custcrner's responslbllrty and obIigaton t!l carefLJliyinspect and lest any incoming goo:l5, Per1ocman:e o~ lhe produclis) d3s:ribed nerein ShOllkl be vertlied by testing am:! carried Oll! onI}i by C1ualJfiOO e:>rJerts, tt is the sole responsibility 01 the cu51arrHl' tc carry out anll arrange lo~ any suctl testng. Aeleren::e to trade l1ames use:! by :rJ1er companies Is neitrler a recomffi€ndatlon, nafat' el1darsemerTlafanyprodu::tanddoesno:irT!IJ~'ltla:simllar;)loOOc1S::DUldnotbBused. For professional use only. Not for sale to or use by the general public. Form No, 1013100 9/0"1 Primed on ~ecycled paperinduding 10% post-conSllmerf'ber, ICJ 2-307 BASF Printed InU,S,A. 1683 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-1