Backup Documents 12/16/2008 Item #10M
10M
MEMORANDUM
Date:
January 30, 2009
To:
Scott Johnson
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5136
"Boat Ramp Parking Lot Expansion"
Contractor: Q. Grady Minor
Attached are one (1) original contract of the above referenced document
(Agenda Item #10M), approved by the Board of County Commissioners
on Tuesday, December 16, 2008.
We have retained an original in the Minutes and Records Department.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachments
lOM
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOClIMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
!
Print on pillk paper Attach to original document Original dOLLllTIcnts should be 11;;11<1 delivered to the Board Otlice f'he completed !"Outing slip and original
documents arc to be forwarded to the Board om..:c only after the no,H"d has ta,kcll action ml the itelll.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional ~igl1:11ures, dates, and/or information needed. lftl1c document is already complete with the
exceotion of the Chairman's sionature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line#5).
Route to Addressee(s) Offke Initials Date
(List in routing order)
J. ,
2.
3.
4. Colleen Greene, Ass!. County Atty. County Attorney CMG 1-29-09
5. Sue Filson, Executive Manager Board of County Commissioners 4
6. Minutes and Records Clerk of Court's Omce (/ )
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the Plimary contact is the person who created/prepared the executive
summary. Primary contact infonnatioll is needed in the event one of the addressees above, including Sue J7ibon, need to contact staff for additional or missing
information. All original documents needing the BeC Chaim1an's signature are to he delivered to the BCe office only alter the Bee has acted to approve the
item.)
Name of Primary Staff Scott D. Johnson, Purchasing Agent Phone Number 252-8995
Contact
Agenda Date Item was 12-16-08 Agenda Item Number 10-M
Approved bv the BCC
Type of Document Boat Ramp Parking Lot Expansion Number of Original Two
Attached Bid No. 08-5136 Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, wliicliever is
a ro riate.
Original document has been signecllinitialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. 'This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by aJ I parties except the Bee
Chairman and Clerk to the Board and possihly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exee 1t the BCC Chairman and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is applicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Cllairman's
si nature and initials are required.
In most cases (some contracts arc an exception), the original document and this routing slip
should be provided to Sue Filson in the BCe office within 24 hours of Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BeC's actions are nullified, Be a'~[are of your deadlines!
The document was approved by the BCC on 12-16-08 and all changes made duriug
the meeting have been incorpOI-ated in the attached document. The County Attorney's
Office has reviewed the changes, i~icablc,
Yes
(Initial)
CMG
N/A (Not
A lieable)
2.
3.
4.
5.
6.
CMG
CMG
CMG
CMG
CMG
l: Fonns/ County Fonns/ Bee Foml';/ Original f)(Jclllw:nl" Routing Slip V./\VS 01-i!"'-I:1.1 q 03.\:4, i((':\.j"ed 1.:'6U:'i, Revised ?74_:1.'i
09-PRC-D I 084/2
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951 Boat Ramp Parking Lot Expansion
COLLIER COUNTY BID NO. 08-5136
COLLIER COUNTY, FLORIDA
Design Professional:
Q Grady Minor
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
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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 0: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Q. Grady Minor
and identified as follows: 951 Boat Ramp Expansion
as shown on Plan Sheets 1 through 11.
EXHIBIT N: Contractor's List of Key Personnel
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PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
951 Boat Ramp Expansion
COUNTY BID NO. 08-5136
Separate sealed bids for the construction of 951 Boat Ramp Expansion, 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 30th day of
October, 2008, 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 9th
day of October, 2008, 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, 951 Boat Ramp Expansion Bid No. 08-5136 and Bid Date
of October 30, 2008". 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.neUbid.
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
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
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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 perforrn public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred eighty (180) calendar days from and after the Commencement Date specified
in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 29th day of September 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Isl Stephen Y. Carnell, C.P.M.
Purchasing and General Services Director
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PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-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
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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, Riaht 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.
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Section 5, Siqninq 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
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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.
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Section 11, Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
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 Collier County 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 County 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 the 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
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non-local bidder and the lowest local bidder are in fact qualified and responsive bidders.
Next, the Purchasing Department shall determine if the lowest local bidder meets the
requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements
of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to
submit a matching offer to the Purchasing Department which shall be submitted 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.
12.3 It is the intent of the County to award this bid to the lowest, responsive,
responsible bidder.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
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.
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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.
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Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entitv Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
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~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING
NAPLES, FLORIDA 34112
(239) 252-8407
FAX (239) 252-6588
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4."
http://colliergov .net
ADDENDUM
DATE:
October 24, 2008
TO:
FROM:
Interested Bidders
Scott D. Johnson ~
Addendum # 2 - Bid #08-5136
"951 Boat park"
SUBJECT:
Addendum #2 covers the following change for the above-referenced Bid:
Answers to Questions from website: See attachment
If you require additional information please call me at 239/252-8995.
NOTE: Words struck through have been deleted, words underlined have been added.
cc: Clint Perryman
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COLLIER BOAT PARKING LOT EXPANSION
Responses October 2 I, 2008
I) Good Afternoon, I have the following questions: I) On sheet 8A, detail A shows
ground cover between the turn lane and the guardrail. What kind of ground cover is
it: 2) Is there misc. asphalt under the guardrail? 3) The phasing plans calls for
temporary construction fence, What kind is it and does it need a glare screen? 4)
What about the elevation and the canal. Are you going to be able to provide them?
7) What is D50 angle stone, and where do you buy it? Thank you in advance.
Robert Ketron 10/20/20082:08:08 PM Answer Delete
Answer: The ground cover between the turn lane quardrail is to be bahia sod.
Top of sod to be a I" below final asphalt grade. There is no misc. asphalt under
the guardrail. The temporary construction fence between the Phase 1 and 3 and
between the Phase 2 and 3 area shall be 4' high chain link fence. Other
temporary construction fence may be silt fence as needed for erosion control or
orange pve mesh fencing. Lane closure will need to be coordinated with Right-
of-Way permit, however it can be assumed that lane closure in accordance with
FDOT Standard Maintenance of Traffic details will be permitted. There may be
some limitation on total number of areas closed and for duration. The material
identified as Type IV structural fill may be clean, coarse and sand free from
roots, vegetation, organic material, marl, silt or much. Not more than 8% shall
pass through the No. 200 sieve. (Unsuitable fill material includes anything
classified as A-2-4, A-2-5, A-2-6, A-2-7, A4, AS, A-6, A7 and A-8 in accordance
with AASHTO designation M-145. No elevation data exists beyond that
indicated on the plan. The Bidders shall make adequate site visits to determine
fill requirments, The stone rip-rap shall be in accordance with FDOT Section
530, Type 530-2.2,2 Rubble (Ditch Lining).
2) Is CB-7 supposed to be a CS-2? The catch basins I and 2 are listed but the opposite
end of the structure (1 and 2) is supposed to have a catch basin also. If this is correct
the count is off.
David Gordon 10/20/2008 I :57:53 PM Answer Delete
Answer: Attached is an updated drainage structure table. In Phase 1 area the
catch basins (and control structure) along east side (canal) run to H-Box
structures which serves as a c1eanout structure. In Phase 2 and 3 areas the catch
basins (and control structure) along east side (canal) run to H-Box structures
which serve as a c1eanout structure. Each of these runs also has an additional
catch basin to the roadway side. Note there are 3 sets of inspection ports. One
way inspection port is located at the terminal ends, at the north and south, and
an intermediate two way inspection port is located in Phase 3 area,
F:\PROJ-ENGlC\CCU7T!'vf\OSCDocs\O 1 Ridding-^ddenda-CO~-COIT\Bid Pkg Q&A 2.doc
3) On the canal side of the project the cross section "BB" shows an "F" curb while cross
section "AA" doesn't show a curb and a note on the plans point to the curb and calls
out that, that line is the "D" curb, Second, the curb is not positioned to be used as a
car stop it is more like a flume running along the road. If this is true what is in the
bottom of the flume?
David Gordon 1 0/20/2008 1:37: 19 PM Answer Delete
Answer: A "D-curb" is to be used in lieu of the F-curb called out on Section B-
B. Note that a "D-type" curb is to be provided in Phase 1 in area opposite the
pavement transition area where parallel parking and single vehicle parking is
located.
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COLLIER BOAT PARKING LOT EXPANSION
Responses October 21,2008 'Z-
I) On cross section "a" and "aa" there is a run of "D" curb that runs along the turn lane
side of the project, there isn't a line on the plans that specifically calls out that, that
line is the "D" curb, Second, the curb is not positioned to be used as a car stop it is
more like a flume running along the road. If this is true, what is in the bottom of the
flume?
David Gordon 10/20/2008 I :34:33 PM Answer Delete
Answer: "D" curb is to run from south end of the site (near south exit)
approximately 1,175 L.F. to the north. See Sheet 5 and the two curb taper notes.
Curb is proposed to catch roadside drainage and direct to catch basin. Grade of
curb varies from 5,5,to 6.0. A grassed swale is to be graded between pavement
and curb varying from 5,0 to 5.5.
2) There appears to be a need for a more detailed recording of existing elevations, Two
examples would be in the phases I and 2 the elevations are almost nonexistent, also
--- the elevations from phase 3 could be a little better defined. Are the elevations nearer
to the water top of bank or waterline?
David Gordon 10/20/20081:27:27 PM Answer Delete
Answer: Existing grades are limited in Phase 1 and 2 area as the site extends
eastward into existing canal. No survey data is available in this area which
extends into canal. Bidders should make site visits to determine approximate
elevation in this area.
3) In the detail for the stormwater detail, it is calling for a "granular backfill" and then
asphalt over that, the granular backfill will not provide the same support as baserock.
Please clarify what will be used in the parking lot.
David Gordon 10/20/2008 10:49:30 AM Answer Delete
Answer: Please provide the following clarification and reVISIOns to the
"Stormwater Chamber - Typical Cross Section Detail" on sheet 8, Provide a
total of 6" of drainfield stone under the chambers and 6" sand material under
the stone. A 6" baserock base is to be provided under the pavement and any
remaining area between bottom of baserock and geotextile material may be
backfill as specified,
4) RFI #1 Will we be able to work Phase One and Two at the same time as long as
Phase Three remains open to the public? RFI #2 Please confirm that the height of the
new red and black mangrove plantings is 18', as specified on drawing number 8A of
10. If not, please specifY the minimum requirements for the new plants. A single
mangrove 18' high is estimated to cost over $30,000 each, plus permits.
Brad Steinmann 10/17/2008 I :36:30 PM Answer Delete
Answer: Phase 1 and 2 can be worked at the same time as long as the existing
facility can remain open to the Public, Certain items in the Phase 1 and Phase 2
F:\PROJ.ENGIC\CCU7Th1\08CDoc:s\Q IBidding-Addenda-COs-COlT\Bid Pkg Q&A.doc
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work may need to be scheduled to allow this to occur. Mangrove plantings shall
be 18 inches in height.
5) In phase 2 the planting shelf is clearly called out. however in phase I it appeares to
start and stop with the rip rap. Is that correct?
David Gordon 10/17/20089:13:40 AM Answer Delete
Answer: The planting shelf for Phase 1 is to terminate at the proposed rip-rap
at the north end and at the existing seawall at the south end. The planting shelf
for Phase 2 is to terminate at the south end at the proposed rip-rap and to tie
into the proposed planting ledge (phase 3) at north end. Dependent on schedule
and the contractors ability to maintain Public access in the Phase 3 area,
consideration will be given to allow the planting ledge to be extended into the
Phase 3 area as part of Phase 2.
6) The gravity wall is not clearly called out as to the start and stop point. Can you
clarify?
David Gordon 10/17/2008 9: 11 :54 AM Answer Delete
Answer: The gravity wall is to start at the pavement shift on the north side and
the pavement shift at the south side, A total of 275 lineal feet of gravity wall is
anticipated.
7) Three are no specifications provided for the seawall cap, such as concrete,
dimensions, steel in deadmen. Could you please provide?
Scott Liebel 10/16/20081:52:50 PM Answer Delete
Answer: See sheet 8A for details on the sheet pile cap. Note the lower sheet pile
wall does not require a cap. The concrete deadman should be reinforced with 4 -
#5 bars longitudinal and 3 - #3 cages, Maintain 3" cover for reinforcing at
deadman.
8) The detail for Section B-B on Sheet 8A of 10 indicates F Curb behind the Sheet Pile
Wall, the notes on Sheet 5 of 10 indicate D Curb which is correct?
Paul Moriarty 10/16/200812:52:03 PM Answer Delete
Answer: A "D" - type curb is to be used in lieu of the type "F" curb shown on
Section B-B.
9) Please provide a copy of the " mitigation agreement" as mentioned in section B-B,
drawing 8A of 10.
John DeAngelis 10/16/2008 10:00:19 AM Answer Delete
Answer: A Copy ofFDEP Permit is attached.
10) Sheet 4 of 10 indicates 3 light poles to be relocated. Please indicate where the lights
are to be relocated and if there are any additional lights.
John DeAngelis 10/16/20089:59:13 AM Answer Delete
Answer: Existing light poles are to be relocated to the west behind the proposed
. guardrail, Poles should be removed and upon installation of storm chamber and
new guardrail they can be reinstalled,
F:\PROJ-ENG\aCCU7ThI\08CDocs\O I Bidding-Addenda-COs-Corr\Bid Pkg Q&A.doc
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11) Is the Mitigation Agreement for the planting of Black & Red Mangrove available?
Dale Hannula 10/8/20082:46:05 PM Answer Delete
Answer: Copy of FDEP Permit is attached.
12) Embankment Section B-B - indicates that plantings are required per the "mitigation
agreement." If this is a part of our work, please provide a landscape plan or planting
requirements of the mitigation agreement. The bid documents do not clearly specify
the quantity and type of plantings required. Thank You
John DeAngelis 10/7/2008 12:05:03 PM Answer Delete
Answer: Copy of the FDEP Permit is attached. Planting shall be 18 inches in
height and spaced at 3' on center. They should be staggered in the planting
ledge. A 50/50 mix of black and red mangroves shall be provided. At the time of
planting their distribution in the planting ledge will be determined. Where
possible existing mangroves shall be incorporated into the planting ledge.
13) To clarify our previously submitted question regarding the plan size: The PDF plan
documents downloaded from the county website are sized as llxl7. It is very
difficult to estimate accurately from small sized plans. Please provide plans in at
least 24x36 format if possible. Please advise if new plans will be issued.
John DeAngelis 10/3/20082:50:53 PM Answer Delete
Answer: Plans at 24 X 36 size along with electronic copies were distributed at
the Pre-Bid conference. Contractors wishing this size plan should contact David
Schmitt or Eric Neill at Q. Grady Minor & Associates, P,A. (239-947-1144).
Plans may be picked up at their offices (3800 Via Del Rey, Bonita Springs) or if a
shipping account number is provided can be Fed-Ex to them. Plans at 11 X 17
are not scaleable.
14) The downloaded drawings come up as II x 17, Is this the actual size of the plan
drawings, or a scaled dimension?
John DeAngelis 10/3/2008 I: 19:27 PM Answer Delete
Answer: Plans at 24 X 36 size along with electronic copies were distributed at
the Pre-Bid conference. Contractors wishing this size plan should contact David
Schmitt or Eric Neill at Q. Grady Minor & Associates, P.A. (239-947-1144).
Plans may be picked up at their offices (3800 Via Del Rey, Bonita Springs) or ifa
shipping account number is provided can be Fed-Ex to them. Plans at 11 X 17
are not scaleable.
F:\PROJ-ENG\C\CCU7TM\08CDocs\OI Bidding-Addenda-COs-Corr\Bid Pkg Q&Adoc
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Florida Department of
Environmental Protection
Chari Ie Crist
Governor
lefl Koltkamp
Lt. Governor
South District Office
P.O. Box 2549
Ft. Myers. Florida 33902-2549
Michael W. Sole
Secretary
SUBMERGED LANDS AND ENVIRONMENTAL RESOURCE PROGRAM
CONSOLIDATED ENVIRONMENTAL RESOURCE PERMIT
AND SOVEREIGN SUBMERGED LANDS AUTHORIZATION
CERTIFIED MAIL NO, 70053110000293145878
RETURN REQUEST RECEIPT
PERMmEElAUTHORIZED ENTITY:
Collier County Board of
County Commissioners
c/o Clint Perryman, CGC, PMP
Collier County Coastal Zone
Management Department
3300 Santa Barbara Blvd.
Naples, FL 34116
Permit/ Authorization Number:
No: 11-0197753-003
Date of Issue:
August 15, 2008
Expiration Date of Construction Phase:
August 15, 2013
County: Collier
Project: Expand a Public Boat Ramp
Parking Area by Filling, Install a
Mangrove Planting Area, Install
Navigation Aids, and Create a Stormwater
Management System
BOT No. 110233065
BOT Easement No. 41072
,
I
This project requires a Standard General Permit. The Department is issuing this permit
under the authority of Part IV of Chapter 373, Florida Statutes, and Chapters 62-330 and
62-343, Florida Administrative Code, and the Operating Agreements adopted between
the Department and the water management districts in Chapter 62-113, Florida
Administrative Code.
This permit also constitutes a finding of consistency with Florida's Coastal Zone
Management Program, as required by Section 307 of the Coastal Management Act.
This permit also constitutes certification compliance with water quality standards under
Section 401 of the Clean Water Act, 33 U.s.e. 1341.
-More Protection, Less Process"
uMwdep.5fate.fl.u5
Permittee: Collier County Board of County Commissioners
. Permit No.: 11-0197753-003
Page 2 of 19
This permit does not constitute the issuance of a NPDES Stormwater Permit or
acceptance of an NPDES Stormwater Pollution Prevention Plan. For additional
information regarding this matter please contact the NPDES Stormwater Notices Center
toll free at (866) 336-6312 or Department personnel in Tallahassee at (850) 245-7522,
This activity also requires a proprietary authorization, as the activity is located on state-
owned submerged lands owned by the Board of Trustees of the Internal Improvement
Trust Fund, pursuant to Article X, Section 11 of the Florida Constitution, and Sections
253.002 and 253.77, F.5. The activity is not exempt from the need to obtain a proprietary
authorization. The Department has the responsibility to review and take final action on
this request for proprietary authorization in accordance with Section 18-21.0051, F.A.C.,
and the Operating Agreements executed between the Department and the water
management districts, as referenced in Chapter 62-113, F.A.C In addition to the above,
this proprietary authorization has been reviewed in accordance with Chapter 253,
Chapter 258, F.S., Chapter 18-20, Chapter 18-21, Section 62-343.075, F.A.C
A public easement is required for filling state-owned submerged lands pursuant to
Section 253.77, F.5. The final documents required to execute the easement have been
sent to the Division of State Lands. The Department intends to issue the easement upon
satisfactory execution of those documents. You may not begin placing fill or other
structures on state-owned, sovereign submerged lands until the easement has been
issued by the Department.
A copy of this authorization also has been sent to the U.s. Army Corps of Engineers
(USACOE) for review. The USACOE may require a separate permit. Failure to obtain
this authorization prior to construction .could subject you to enforcement action by the
USACOE. You are hereby advised that authorizations also may be required by other
federal, state and local entities. This authorization does not relieve you from the
requirements to obtain all other required permits and authorizations.
The above named permittee is hereby authorized to construct the work shown on the
application and approved drawing(s), plans, and other documents attached hereto and
made a part hereof. This permit and authorization to use state-owned submerged
lands is subject to the limits, conditions, and locations of work shown in the attached
drawings, and is also subject to the attached 18 General and 47 Specific Conditions,
which are a binding part of this permit and authorization, You are advised to read
and understand these drawings and conditions prior to corrunencing the authorized
activities, and to ensure the work is conducted in conformance with all the terms,
conditions, and drawings. If you are utilizing a contractor, the contractor also should
read and understand these drawings and conditions prior to corrunencing the
authorized activities. Failure to comply with all drawings and conditions shall
constitute grolillds for revocation of the permit and appropriate enforcement action.
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Permittee: Collier County Board of County Commissioners
Permit No.: 11-0197753-003
Page 3 of 19
Operation of the facility is not authorized except when determined to be in
conformance with all applicable rules and with the general and specific conditions of
this permit, as specifically described below.
ACTIVITY DESCRIPTION:
The project is: (1) placement of 6,880 cubic yards of fill in 0.62 acres (27,007 square feet)
of disturbed tidal wetlands and 0.27 acres (11,761 square feet) of surface waters for a
public boat ramp vehicle parking facility (88 total spaces) and the creation of a 1.04-acre
mangrove planting area. The fill will be placed up to 45 feet waterward of the existing
shoreline; (2) installation of navigation aids consisting of approximately six channel
markers and six sea grass buoys; and (3) construction of a stormwater treatment system
to serve 5.3 acres (uplands) of the entire 8.9-acre site.
The project area includes both the parking area and a portion of the State Road 951
right-of-way. The remaining 3.6 acres not served by the stormwater treatment system
does not discharge into the drawingage basin served by the stormwater treatment
system. Historically, a portion of the state Road 951 has drawined onto the existing and
proposed parking areas. All storwmwater from the paved portions of the 5.3 acre
drainage basin will be collected and routed to the stormwater treatment system which
will provide water quality treatment for the first 1.5 inches of rainfall from the area
producing runoff prior to discharge to the receiving waterbody. (this volume exceeds
that required for 2.5 inches of rainfall over the 1.7 acres [total pavement area less
existing pavement] times the percentage of impervious area.) Stormwater treatment
will be by dry detention provided by a proposed underground vault system before
discharging through two control structures, each with a baffle, an orifice and overflow
weir.
Eleven (11) 11"xI7" reduced permit drawings, as prepared by Q. Grady Minor and
Associates, P.A., signed and sealed by David W. Schmitt, P.E., on May 2, 2008, are
incorporated by reference and attached to this permit.
ACTIVITY LOCATION:
Located along State Road 951 (Collier Boulevard), Collier County, Section 34 Township
51 South, Range 26 East, Class II Outstanding Florida Waters, not approved for shellfish
harvesting, Rookery Bay National Estuarine Research Reserve.
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Permittee: Collier County Board of County Commissioners
Permit No.: 11-0197753-003
Page 4 of19
GENERAL CONDITIONS:
1, All activities authorized by this permit shall be implemented as set forth in the
plans, specifications and performance criteria as approved by this permit. Any
deviation from the permitted activity and the conditions for undertaking that activity
'shall constitute a violation of this permit and a violation of Part Four of Chapter 373,
Florida Statutes (F.S.).
2, This permit or a copy thereof, complete with all conditions, attachments,
exhibits, and modifications shall be kept at the work site of the permitted activity. The
complete permit shall be available for review at the work site upon request by the
Department staff. The permittee shall require the contractor to review the complete
permit prior to commencement of the activity authorized by this permit.
3, Activities approved by this permit shall be conducted in a manner which does
not cause violations of state water quality standards. The permittee shall implement
best management practices for erosion and pollution control to prevent violations of
state water quality standards. Temporary erosion control shall be implemented prior to
and during construction, and permanent control measures shall be completed within
seven (7) days of any construction activity. Turbidity barriers shall be installed and
maintained at all locations where the possibility of transferring suspended solids into
the receiving waterbody exists due to the permitted work. Turbidity barriers shall
remain in place at all locations until construction is completed and soils are stabilized
and vegetation has been established. All practices shall be in accordance with the
guidelines and specifications described in Chapter Six of the Florida Land Development
Manual; A Guide to Sound Land and Water Management (Department of
Environmental Regulation, 1988), unless a project-specific erosion and sediment control
plan is approved as part of the permit. Thereafter the permittee shall be responsible for
the removal of the barriers. The permittee shall correct any erosion or shoaling that
causes adverse impacts to the water resources.
4. The permittee shall notify the Department of the anticipated construction start
date within thirty (30) days of the date that this permit is issued. At least forty-eight
(48) hours prior to commencement of the activity authorized by this permit, the
permittee shall submit to the Department an "Environmental Resource Permit
Construction Commencement" notice (Form No. 62-343.900(3), Florida Administrative
Code (F.A.c.)) indicating the actual start date and expected completion date,
5. When the duration of construction will exceed one year, the permittee shall
submit construction status reports to the Department on an annual basis utilizing an
"Annual Status Report Form" (Form No. 62-343.900(4), F.A.C.). Status Report Forms
shall be submitted the following June of each year.
Permittee: Collier County Board of County Corrunissioners
Permit No.: 11-0197753-003
Page 5 of 19
6, Within thirty (30) days after completion of construction of the permitted
activity, the permittee shall submit a written statement of completion and certification
by a registered professional engineer or other appropriate individual as authorized by
law utilizing the supplied "Environmental Resource Permit As-Built Certification by a
Registered Professional" (Form No. 62-343.900(5), F.A.C.). The Statement of completion
and certification shall be based on on-site observation of construction or review of as-
built drawings for the purpose of determining if the work was completed in compliance
with permitted plans and specifications. This submittal shall serve to notify the
Department that the system is ready for inspection. Additionally, if deviations from the
approved drawings are discovered during the certification process, the certification
must be accompanied by a copy of the approved permit drawings with deviations note.
Both the original and revised specifications must be clearly shown, The plans must be
clearly labeled as "as-built" or "record" drawing, All surveyed dimensions and
elevations shall be certified by a registered surveyor.
7. The operation phase of this permit shall not become effective: until the permittee
has complied with the requirements of condition number six (6) above, has submitted a
"Request for Transfer of Environmental Resource Permit Construction Phase to
Operation Phase" (Form 62-343,900(7), F.A.C.); the Department determines the system
to be in compliance with the permitted plans and specifications; and the entity
approved by the Department in accordance with Sections 9.0 and 10.0 of the Basis of
Review for Environmental Resource Permit Applications Within the South Florida
Water Management District-August 1995, accepts responsibility for operation and
maintenance of the system. The permit shall not be transferred to such approved
operation and maintenance entity until the operation phase of the permit becomes
effective. Following inspection and approval of the permitted system by the
Department, the permittee shall initiate transfer of permit to the approved responsible
operation entity if different from the permittee. Until the permit is transferred pursuant
to Section 62-343.11O(1)(d), F.A.C., the permittee shall be liable for compliance with the
terms of the permit.
8, Each phase or independent portion of the permitted system must be completed
in accordance with the permitted plans and permit conditions prior to the initiation of
the permitted use of site infrastructure located within the area served by that portion or
phase of the system. Each phase or independent portion of the system must by
completed in accordance with the permitted plans and permit conditions prior to
transfer of responsibility for operation and maintenance of the phase or portion of the
system to a local government or other responsible entity.
9. For those systems that will be operated or maintained by an entity that will
require an. easement or deed restriction in order to enable that entity to operate or
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Permittee: Collier County Board of County Corrunissioners
Permit No.: 11-0197753-003
Page 6 of 19
maintain the system in conformance with this permit, such easement or deed restriction
must be recorded in the public records and submitted to the Department along with
any other final operation and maintenance documents required by Sections 9.0 and 10.0
of the Basis of Review for Environmental Resource Permit Applications Within the
South Florida Water Management District-August 1995, prior to lot or unit sales or
prior to the completion of the system, whichever occurs first. Other documents
concerning the establishment and authority of the operation entity must be filed with
the Secretary of State where appropriate. For those systems which are proposed to be
maintained by the county or municipal entities, final operation and maintenance
documents must be received by the Deparbnent when maintenance and operation of
the system is accepted by the local government entity. Failure to submit the
appropriate final documents will result in the permittee remaining liable for carrying
out maintenance and operation of the permitted system and any other permit
conditions.
10. Should any other regulatory agency require changes to the permitted system, the
permittee shall notify the Department in writing of the changes prior to implementation
so that a determination can be made whether a permit modification is required.
11. This permit does not eliminate the necessity to obtain any required federal, state,
local and special district authorizations prior to the start of any activity approved by
this permit. This permit does not convey to the permittee or create in the permittee any
property right, or any interest in real property, nor does it authorize any entrance upon
or activities on property which is not owned or controlled by the permittee, or convey
any rights or privileges other than those specified in the permit and Chapter 40E-4 or
Chapter 40E-40, FAC.
12. The permittee is advised that the rules of the South Florida Water Management
District require the permittee to obtain a water use permit from the South Florida Water
Management District prior to construction dewatering, unless the work qualifies for a
general permit pursuant to subsection 40E-20.302(4), F.A.C., also known as the "No
Notice" rule,
13. The permittee shall hold and save the Department harmless from any and all
damages, claims, or liabilities which may arise by reason of the construction, alteration,
operation, maintenance, removal, abandonment or use of any system authorized by this
permit.
14. Any delineation of the extent of a wetland or other surface water submitted as
part of the permit application, including plans or other supporting documentation, shall
not be considered binding unless a specific condition of this permit or a formal
determination under Section 373.421(2). F.S., provides otherwise.
Permittee; Collier COlUlty Board of County Commissioners
Permit No,: 11-0197753-003
Page 7 of 19
15. The permittee shall notify the Department in writing within 30 days of any sale,
conveyance, or other transfer of ownership or control of a permitted system or the real
property on which the permitted system is located. All transfers of ownership or
transfers of a permit are subject to the requirements of Section 62-343.130, F.A.C. The
permittee transferring the permit shall remain liable for corrective actions that may be
required as a result of any violations prior to the sale, conveyance or other transfer of
the system.
16. Upon reasonable notice to the permittee, Department authorized staff with
proper identification shall have permission to enter, inspect, sample and test the system
to insure conformity with the plans and specifications approved by the permit
17, If historical or archaeological artifacts are discovered at any time on the project
site, the permittee shall immediately notify the appropriate Department office.
18. The permittee shall immediately notify the Department in writing of any
previously submitted information that is later discovered to be inaccurate.
SPECIFIC CONDITIONS:
1. Construction of the permitted facility shall not commence until after the
permittee has: (1) obtained and provided to the Department a copy of the permit(s) or
other authorization(s) from the Florida Fish and Wildlife Conservation Commission
(FWC) for navigation aids (channel markers and seagrass area buoys); (2) written
documentation from the Rookery Bay National Estuarine Research Reserve (RBNERR)
that the navigation aids are proposed in locations acceptable to RBNERR; and (3)
written documentation demonstrating that the navigation aids have been installed in
locations and of a format consistent with the permit(s) or other authorization(s) from
the FWC; and (4) written documentation demonstrating that the navigation aids have
been installed in locations and of a format acceptable to RBNERR.
2. The "Environmental Resource Permit Construction Commencement" notice
(Form No, 62-343;900(3), F.A.C.) required by General Condition 4 of this permit shall be
submitted to the Department of Environmental Protection Fort Myers District office,
P, 0, Box 2549, Fort Myers, FL 33902-2549 shall be notified in writing 48 hours prior to
commencement of work.
3. Prior to commencement of the permitted filling operations, the Permittee shall
designate one person who is qualified in water quality sampling to be on-site during
times of all filling, and to conduct turbidity monitoring during filling activities. The
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Pennittee: Collier County Board of County Commissioners
Pennit No.: 11-0197753-003
Page 8 of 19
individual shall ensure compliance is met at all times with state water quality criteria as
defined in 62-302 FAC. The Permittee shall provide the Department's South District
Office, SLERP Section, P.O. Box 2549, Fort Myers Florida 33902-2549, the name and all
pertinent contact information for the individual prior to commencement of filling
operations,
4. The active work area shall be surrounded by floating, weighted turbidity screens.
The turbidity screens shall remain in place until all filling activities have ceased and
turbidity returns to ambient levels.
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5, During all filling operations the permittee shall monitor turbidity levels within 5
feet of the active work area once every four hours until project completion. The active
work area shall be that area enclosed within the floating turbidity screens. Additional
samples shall be taken within the densest portion of any visible turbidity plume within
5 feet outside of the turbidity curtains. Ambient samples shall be taken up current at
mid-depth and at no time shall the ambient sample be taken within an apparent
turbidity plume. Prior to any filling operations, the Permittee shall submit to tlie
Department a map indicating the ambient sampling locations with all possible
sources that may generate turbidity, Le, storm water outfalls, etc. All monitoring data
shall be kept onsite and available for inspection when requested be the DEP South
District office until filling has been completed and stabilized and shall contain the
following information:
a)
b)
c)
d)
e)
permit number,
dates of sampling and analysis,
a statement describing the methods used in collection,
handling, storage, and analysis of the samples,
a map indicating the sampling locations, and
a statement by the individual responsible for
implementation of the sampling program concerning the
authenticity, precision, limits of detection and accuracy of
the data.
Monitoring reports shall also include the following information for each
sample taken:
a) Time of day sample was taken,
b) Depth of water body,
c) Depth of sample,
d) Antecedent weather conditions, and
e) Velocity of water flow.
Permittee: Collier County Board of County Commissioners
Permit No.: 11-0197753-003
Page 9 of 19
If monitoring reveals turbidity levels at the compliance location exceed
background, the monitoring will be performed on an hourly basis until the
level drops to no more than background. If the turbidity levels at the
discharge exceed background levels, the DEP South District office (239-332-
6975) shaIl be contacted immediately, and all fiIling activities shaIl cease to
allow for additional settling and for the reading to match background levels.
Any such occurrence shaIl also be immediately reported to the Department's
South District office, SLERP Compliance and Enforcement Section in Fort
Myers, Monitoring reports shall be submitted to the Department's South
District office, SLERP Compliance and Enforcement Section, at P.O. Box 2549,
Fort Myers, FL 33902-2549 or by fax machine at (239) 332-6969.
6. If the approved permit drawings conflict with the specific conditions, then the
specific conditions shaIl prevail.
Stormwater Specific Conditions
7. Stormwater Treatment Facilities:
The total Project Area (5.29 acres) is comprised of 2.8 acres of existing pavement
and 1.7 acres of additional parking pavement (a total of 4.5 acres of parking to be
repaved or paved) with 0.8 acre of green area. The treatment system consists of three
rows of under-parking stormwater vaults connected by culverts to juncution boxes (for
inspection and maintenance purposes) and to the two control structures prior to
discharge to the receiving waterbody.
8. Dry Detention Under-Parking Stormwater Vaults* (see the permit drawings):
Vault Bottom Elevation:
Vault Top Elevation:
3.00 Feet, NGVD
4.33 Feet, NGVD
*5,061 Lineal Feet of StormTech SC-31O Chamber System to be instaIled
9. Dry Detention Area Discharge Facilities (CS--I and CS--2):
Control Structure Grate Elevation: 5.00Feet, NGVD
Overflow Weir Crest Elevation: 4.50 Feet, NGVD
3-lnch Bleed-down Orifice Invert: 2.00 Feet, NGVD
Aluminum Baffle Top/Bottom Elevations: 4.50/1.80 Feet, NGVD
IS-Inch RCP Discharge Culvert Elevation**; 2.00 Feet, NGVD
**with Manatee Protection Device at discharge end
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Permittee: Collier County Board of County Corrunissioners
Permit No.: 11-0197753-003
Page 10 of 19
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Receiving Body: Unnamed Man-Altered Water Body, Outstanding Florida
Waters (OFW), Class III Waters of the State.
Wet Season Water Table:
2.00 Feet, NGVD
10. Best management practices for erosion and turbidity control, including, but not
limited to, the use of staked hay bales, silt screens, and turbidity curtains shall be used
and maintained as necessary at all times during project construction,
11. Other measures shall be taken during construction to insure that sedimentation
and/ or turbidity problems are not created in the receiving water. This may include the
scheduling of the stormwater-management-system construction rough grading prior to
any new facility construction.
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12. All areas disturbed by construction shall be stabilized by riprap, seed, sod or
revegetation with native wetland and upland species within 72 hours of attaining final
grades to prevent erosion, siltation and turbid discharges in violation of State water
quality standards in waters of the State.
13. A stable, permanent and accessible elevation reference (benchmark) shall be
established on or within one hundred (100) feet of all permitted discharge structures no
later than the submission of the statement of completion and certification. The location
of the elevation reference must be noted on or with the certification statement.
14. The stormwater management system shall be inspected every three months, at a
minimum, and after every significant storm event and at other appropriate times to
remove any and all debris from the system to assure its proper functioning. Particular
attention shall be given to the under-parking vault system, the two Control Structure's 3-
inch orifices and the ends of the two IS-inch RCP discharge culverts. Additional
inspection and maintenance guidelines shall be followed in accordance with the
Stormwater System Inspection and Maintenance Procedures shown on Drawing
Number 8 of 10 of the permit drawings.
15. Facilities other than those stated herein shall not be constructed without an
approved modification of this permit.
16. As presented in the permit application and supporting documents, the operation
and maintenance of the stormwater management system shall be the responsibility of
the Collier County Board of County Commissioners. Therefore, operation and
maintenance of the permitted activity shall be the responsibility of the Collier County
Board of County Commissioners.
Permittee: Collier County Board of County Commissioners
Permit No.: 11-0197753-003
Page 11 of 19
17. All required submittals such as certifications, monitoring reports, notifications,
etc., shall be submitted to the Florida Department of Environmental Protection, South
District Office, 2295 Victoria Avenue, Suite 364, Fort Myers, FL 33901. All submittals
shall include the project name and indicated permit number when referring to this
project.
18. The stormwater management system shall be constructed in a manner that
provides stormwater treatment to both the existing parking lot and the proposed
expanded parking lot.
19. The stormwater outfall pipes from the discharge structures shall extend
waterward of the mangrove planting area. No discharge from these outfall pipes shall
occur in the mangrove planting area.
Specific Conditions for Filling and Other Permitted Activities
20, The Standard Manatee Conditions for In-Water Work (revision 2005) shall be
followed for all in-water activity.
21. All storage or stockpiling of tools or materials (i.e. concrete, lumber, pilings, etc.)
shall be limited to uplands.
22. Best management practices (primarily turbidity screens) for erosion and turbidity
control shall be implemented and maintained at all times during construction and
operation of the permitted activity to prevent siltation and turbid discharges in excess
of State water standards pursuant to Rule 62-302, F.A.C. The Permittee shall be
responsible for ensuring that erosion and turbidity control devices and procedures are
inspected and maintained daily during all phases of construction authorized by this
permit until all areas that were disturbed during construction are sufficiently stabilized
. to prevent erosion, siltation, and turbid discharges.
23, In addition to the best management practices described in specific condition 22
above, the permittee shall implement all steps practicable to ensure that all existing
mangroves shown on the attached permit drawings to be preserved are protected by
temporary construction barrier fencing. In areas where the proposed mangrove
planting area is to be installed, the proposed sheet pile walls shall be installed to serve
as a construction barrier to protect the existing mangroves shown on the attached
permit drawings to be preserved.
24. The permittee shall install the mangrove planting area and associated riprap
revetment to stabilize the mangrove planting area as indicated on the attached permit
drawings. Filter cloth shall be placed beneath the riprap. The riprap shall consist only
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Permittee: Collier County Board of County Conunissioners
Permit No.: 11-0197753-003
Page 12 of 19
of natural boulders or clean concrete rubble, free of sediments, tar, metal rebar and
other deleterious substances. The landward edge of the riprap shall extend l' above
mean high water (MHW). The rip rap shall be 6" to 3' in diameter and the waterward
layer shall be 2' in diameter or larger.
25, Mangroves to be planted in the mangrove planting area shall be red mangroves
(Rhizophora mangle) and black mangroves (Avicennia germinansl. as appropriate for the
elevation at which they are to be planted, planted on 3-foot centers. The mangroves
shall be nursery plant stock that is container-grown material and is no less than 18
inches in height.
26. Successful restoration is determined to be growth, health and/or reproduction of
90 percent of the original number of planting of the mangroves.
27, Within thirty (30) days of completion of the mangrove planting, the Permittee
shall submit the following information to the Department:
a. Written notification that the mangrove planting has been completed.
b. Enough color photographs to show the entire completed mangrove planting
area taken from fixed reference points shown on a scaled plan view drawing.
c. Nursery receipts for all plants used in the mangrove planting.
d. Number and spacing of each species planted.
28. Within 30 days of the completion of the mangrove planting, the Permittee shall
implement the following Monitoring Actions:
a. For five (5) years following completion of the mangrove planting, the
permittee shall inspect the mangrove planting area annually, The purpose of
the monitoring shall be to determine the success of the planting,
b. . During each inspection, the permittee shall remove all nuisance and exotic
vegetation without disturbing the other existing vegetation in the mangrove
planting area.
29. Within 30 days after the completion of each inspection in the monitoring
schedule, the Permittee shall complete a monitoring report and submit it to the
Department. The monitoring reports shall include the following information:
a. Date of the inspection.
b. Color photographs taken from the same locations as the pictures taken in the
mangrove planting.
c. Either an actual count or a statistically valid estimate* of the percentage of
each species planted that has survived compared to the total number of
plants in the mangrove planting area.
d, The number of each species replanted to reach the 90 percent survival rate.
e. Description of any nuisance or exotic species removal.
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Permittee: Collier Connty Board of Connty Commissioners
Permit No.: 11-0197753-003
Page 13 of 19
f. A plan view noting the locations of all re-plantings.
* Statistically valid estimating methods include those found in Daubenmire, R.
(1968), Oosting (1956), or Mueller-Dombois and Ellenberg (1974), or other
method approved by the Department.
30. At the end of the 5 years following the completion of the mangrove planting, the
following success criteria shall occur in the project area: On the 5th anniversary of
completion of the mangrove planting, at least 90 percent of the original number of
mqngroves planted in the project area shall be alive, demonstrated by growth, health
and! or reproduction of the original number of mangroves as demonstrated through the
monitoring reports,
31. If after 5 years following the completion of the mangrove planting, the project
area is not successfully vegetated, the Permittee shall submit a Revised Mangrove
Planting Plan to the Department for its review and approval. The Revised Mangrove
Planting Plan shall be submitted within 30 days of the 5th anniversary date of
completion of the mangrove planting and shall include a plan, including time schedule,
for planting the project area with enough red mangroves (Rhizophora mangle) and black
mangroves (Avicennia germinans), as appropriate for the elevation at which they are to
be planted, or other suitable species approved by the Department in advance, to meet
the success criteria, The Revised Mangrove Planting Plan shall also include a
monitoring and maintenance schedule to ensure that the replanting is successful. The
Permittee shall implement the Revised Mangrove Planting Plan, including any changes
required by the Department, upon notice of approval by the Department.
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32. The mangrove planting area and riprap revetment is to remain free of debris,
jetsam, flotsam, and manmade trash. Natural seagrass litter, leaf litter, mangrove
propagules or detritus shall not be removed at any time. At no time shall the
mangroves be trimmed or altered without first obtaining proper authorization from all
applicable agencies,
33. All CCA-treated pilings associated with the proposed navigation aids specified
in specific condition 1 shall be wrapped with impermeable plastic or PVC sleeves in
such a manner as to reduce the leaching of deleterious substances from the pilings. The
sleeves shall be installed concurrently with the installation of the pilings, shall extend
from at least 6" below the level of the substrate to at least l' above the seasonal high
water line and shall be maintained over the life of the navigation aids.
Specific Conditions for Facility Operations
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Permittee: Collier County Board of County Corrunissioners
Permit No.: 11-0197753-003
Page 14 of 19
34, All future authorized replacement pilings for support of the proposed navigation
aids specified in specific condition 1 shall be non-CCA-leaching (recycled plastic,
concrete, greenheart, or wrapped with impermeable plastic or PVC sleeves in such a
manner as to eliminate the leaching of deleterious substances from the pilings into the
water colunm and sediments).
35. A Florida Fish and Wildlife Conservation Commission (FWC)-approved marina
educational program (which includes, at a minimum, permanent manatee educational
signs, speed zone booklets, and manatee educational brochures) shall be developed and
implemented by the permittee prior to occupancy by the boat trailer parking spaces
authorized by this permit and must be maintained for the life of the facility. The
permittee will be responsible for the cost of the educational material. This educational
program shall be developed by the permittee with the assistance of FWC, and approved
by FWC prior to implementation. Marina educational program guidelines can be found
at the following web page http://myfwc,com/manatee/si~s/Educationplan.pdf, or
can be obtained from FWC. Contact the Florida Fish and Wildlife Conservation
Corrunission, Imperiled Species Management Section at: 620 South Meridian Street, 6A,
Tallahassee, Florida 32399-1600 (telephone 850/922-4330).
36, During construction and operation of the permitted facility, the permittee shall
comply with applicable State Water Quality Standards, namely:
a, Chapter 62-302.500, F.A.C. - Minimum Criteria for All Waters at All Times
and All Places;
b. Chapter 62-302.510, F.A.c. - Surface Waters: General Criteria;
c, Chapter 62-302.700, F.A.c. - Special Protection Outstanding Florida
Waters; and
d. Chapter 62-4.242, F.A.C. - Anti-degradation Permitting Requirements;
Outstanding Florida Waters; Outstanding
National Resources Waters; Equitable
Abatement.
37. No liveaboard vessel shall be moored at the boat ramp facility. A Iiveaboard
shall be defined as a vessel docked at the facility that is inhabited by person or persons
for any five consecutive days or a total of ten days within a thirty-day period.
38. To assist in preventing the discharges of marine sewage, combustible or other
hazardous materials, gray water (shower, dish washing and laundry discharges) or
bilge water, permittee shall install a sign of sufficient size (minimum 2 feet by 3 feet) to
be clearly readable by boaters using the docking facility. The sign shall include
language approximating the following: "All Vessel Discharges, Including Gray Water
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Permittee: Collier County Board of County Commissioners
Permit No.; 11-0197753-003
Page 15 of 19
and Discharges From Marine Sanitation Devices, Are Strictly Prohibited At This Boat
Ramp. Please avail Yourselves of Nearby Marina Facilities."
39. No fueling facilities or fuel storage shall be allowed at the permitted facility.
40, Over-water fish cleaning stations or disposal of fish wastes in the water shall be
prohibited for the life of the permitted facility.
41, Boat maintenance or repair activities requiring re~oval of a vessel from the
water or removal of any major portions of the vessel, including the engine for purposes
of repair or maintenance on site are prohibited for the life of the facility, except where
removal is necessitated by emergency conditions which have resulted in or can result in
the sinking of a vessel. Specifically prohibited are any discharges or release of oils or
greases associated with engine and hydraulic repairs and related metal based bottom
paints associated with hull scraping, cleaning, and painting. Minor repairs and boat
maintenance that will not cause or contribute to the release of water pollutants and
which are performed by owners or qualified marine mechanics are allowed.
42, Prior to occupancy of any boat trailer parking spaces at the permitted facility, the
Permittee shall remove from the Permittee's upland leasehold interest property any
existing exotic species as listed in the most recent published list of invasive species by
the Florida Exotic Pest Plant Council (FLEPPC), The Internet website for FLEPPC is
httjJ:/ /www.fleppc.org/Ollist.htm.
43. Prior to occupancy of any boat trailer parking spaces at the permitted facility, the
Permittee shall install an educational display informing boaters using the docking facility
about: (a) waterways in the immediate area, delineating the main access channels and
proper routes to the Intracoastal Waterway; and (b) the importance of aquatic resources,
and the potential threat that the public imposes on these resources. The educational
display shall consist of, at a minimum: (a) a one-panel display showing area navigation
routes and bathymetry; and (b) a three-panel display on the following panel(s):
seagrasses, mangroves and boating. The Permittee shall obtain written approval of the
location and content of the displays from the Rookery Bay National Estuarine Research
Reserve. The three-panel display on seagrasses, mangroves and boating shall be
purchased from the Department at an amount representing the actual costs incurred by
the Department to produce the panel. The Permittee shall contact the Office of Coastal
and Aquatic Managed Areas, Mail Station 235, 3900 Commonwealth Blvd., Tallahassee, FL
32399-3000, (904) 488-3456, for further information concerning the educational display.
The navigation routes and associated bathymetric data shown on the display shall be
updated at least on an annual basis to reflect to the greatest extent practicable changes
to bathymetry as a result of natural or man-made events. The display shall be
maintained for the useable life of the permitted facility.
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Permittee: Collier County Board of County Commissioners
Permit No.: 11-0197753-003
Page 16 of 19
44. The permittee shall provide adequate law enforcement to ensure that vehicle and
boat trailer parking associated with the permitted facility: (a) is limited to the parking
areas shown on the attached permit drawings; (b) does not encroach onto state-owned
upland property managed by the Rookery Bay National Estuarine Research Reserve at
the northwest comer of State Road 951 and Isles of Capri Boulevard; and (c) does not
encroach into the State Road 951 road shoulders,
45. To help ensure compliance with specific condition 44 above, for the life of the
facility the permittee shall:
a, Maintain adequate "No Parking" signs meeting Florida Department of
Transportation specifications for such signs at appropriate locations along
State Road 951 to discourage unauthorized parking along the State Road
951 road shoulders; and
b, Provide adequate staff with enforcement capability to monitor and
enforce the "No Parking" areas shown on the attached permit drawings 24
hours per day, 7 days per week, 52 weeks per year.
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46. The navigation aids specific in specific condition 1 shall be maintained for the life
of the permitted facility.
47. Any deviation from the specific permit conditions or permit drawings shall not
be undertaken without modification of this permit and submittal of the appropriate
processing fee.
RIGHTS OF AFFECTED PARTIES
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This permit and intent to grant an easement to use state-owned submerged lands are
hereby granted. This action is final and effective on the date filed with the Clerk of the
Department unless a sufficient petition for an administrative hearing is timely filed
under Sections 120,569 and 120.57 of the Florida Statutes as provided below, If a
sufficient petition for an administrative hearing is timely filed, this action automatically
becomes only proposed agency action on the application, subject to the result of the
administrative review process, Therefore, on the filing of a timely and sufficient
petition, this action will not be final and effective until further order of the Department.
The actual terms of the lease will be formally executed at a later date and shall include
provisions for rents and such other provisions as normally are included in such lease.
Because an administrative hearing may result in the reversal or substantial modification
of this action, the applicant is advised not to cormnence construction or other activities
until the deadlines noted below for filing a petition for an administrative hearing or
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Permit No.: 11-0197753-003
Page 17 of 19
request for an extension of time have expired and until the lease has been executed and
delivered.
Mediation is not available.
A person whose substantial interests are affected by the Department's action may
petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57 of
the Florida Statutes. The petition must contain the information set forth below and
must be filed (received by the clerk) in the Office of General Counsel of the Department
at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000,
Under Rule 62-110,106(4} of the Florida Administrative Code, a person whose
substantial interests are affected by the Department's action may also request an
extension of time to file a petition for an administrative hearing. The Department may,
for good cause shown, grant the request for an extension of time. Requests for
extension of time must be filed with the Office of General Counsel of the Department at
3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000,
before the applicable deadline. A timely request for extension of time shall toll the
running of the time period for filing a petition until the request is acted upon.
If a timely and sufficient petition for an administrative hearing is filed, other persons
whose substantial interests will be affected by the outcome of the administrative
process have the right to petition to intervene in the proceeding, Intervention will be
permitted only at the discretion of the presiding officer upon the filing of a motion in
compliance with Rule 28-106.205 of the Florida Administrative Code.
In accordance >,Vith Rule 62-110.106(3}, petitions for an administrative hearing by the
applicant must be filed within 14 days of receipt of this written notice. Petitions filed by
any persons other than the applicant, and other than those entitled to written notice
under Section 120.60(3} of the Florida Statutes, must be filed within 14 days of
publication of the notice or within 14 days of receipt of the written notice, whichever
occurs first. Under Sections 120.60(3} of the Florida Statutes, however any person who
has asked the Department for notice of agency action may file a petition within 14 days
of receipt of such notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated
above at the time of filing, The failure of any person to file a petition for an
administrative hearing within the appropriate time period shall constitute a waiver of
that person's right to request an administrative determination (hearing) under Sections
120.569 and 120.57 of the Florida Statutes,
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Permittee: Collier County Board of County Conunissioners
Permit No.: 11-0197753-003
Page 18 of 19
A petition that disputes the material facts on which the Department's action is based
must contain the following information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address and telephone number of the petitioner; the name,
address and telephone number of the petitioner's representative, if any,
which shall be the address for service purposes during the course of the
proceeding; and an explanation of how the petitioner's substantial
interests are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency
decision;
(d) A statement of all disputed issues of material fact. If there are none, the
petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific
facts that the petitioner contends warrant reversal or modification of the
agency's proposed action;
(f) A statement of the specific Rules or Statutes that the petitioner contends
require reversal or modification of the agency's proposed action; and
(g) A statement of the relief sought by the petitioner, stating precisely the
action that the petitioner wishes the agency to take with respect to the
agency's proposed action.
A petition that does not dispute the material facts on which the Department's action is
based shall state that no such facts are in dispute and otherwise shall contain the same
information as set forth above, as required by Rules 28-106.301.
Under Sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative
hearing must be dismissed by the agency if the petition does not substantially comply
with the above requirements or is timely filed.
This permit intent to grant an easement to use state-owned submerged lands constitutes
an order of the Department. Subject to the provisions of paragraph 120,68(7)(a) of the
Florida Statutes, which may require a remand for an administrative hearing, the
applicant has the right to seek judicial review of the order under Sections 120.68 of the
Florida Statutes, by the filing of a notice of appeal under Rule 9.110 of the Florida Rules
of Appellate Procedure with the Clerk of the Department in the Office of General
Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000; and by filing a copy of the notice of appeal accompanied by the applicable filing
fees with the appropriate district court of appeaL The notice of appeal must be filed
within 30 days from the date when the order is filed with the Clerk of the Department.
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275 of
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Permittee: Collier County Board of County Commissioners
Permit No.: 11-0197753-003
Page 19 of 19
the Florida. Statutes, may also seek appellate review of the order before the Land and
Water Adjudicatoiy Commission under Section 373.114(1) or 373.4275 of the Florida
Statutes, Requests for review before the Land and Water Adjudicatory Commission
must be filed with the Secretary of the Commission and served on the Deparhnent
within 20 days from the date when the order is filed with the Clerk of the Deparhnent.
Executed in Lee County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
-f!t-J ~
Jon M. Iglehart
Director of District Management
JMI/LAB/MRM/rnrn
Attachments:
4 permit forms
10 _ll"x 17' reduced permit drawings
10 pages survey and legal description
cc:
us. Army Corps of Engineers, Fort Myers; 9748
Collier County Property Appraiser
Bureau of Public Lands Administration
Department of Community Affairs
Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section
Rookery Bay ~ational Estuarine Research Reserve
Nicole Ryan, Conservancy of Southwest Florida
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and authorization
to use sovereign submerged lands, including all copies were mailed before the dose of business on
August /', . 2008, to the above listed persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to 9120.52(7),
Florida Statutes, with the designated Department Clerk,
Receipt of which is hereby acknowledged.
.Li-.....~.. )." -, ,_<.:(:'~_
Clerk
c <;'. /S-. CJg
Date
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING
NAPLES, FLORIDA 34112
(239) 252-8407
FAX (239) 252-6588
10M
http://colliergov .net
ADDENDUM
DATE:
October 3, 2008
FROM:
Interested BidderCflt
Scott D. Johnson
Purchasing Agent
Addendum # 1 - Bid #08-5136
"951 Boat Ramp Expansion"
TO:
SUBJECT:
Addendum #1 covers the following change for the above-referenced Bid:
Change: Pre bid meeting will be held on October 10, 2008 @ 1 :00 P.M.
If you require additional information please call me at 239/252-8995 or bye-mail at
ScottJohnson@colliergov.net.
NOTE: WordsstflJGk-tHro\1gfl-have been deleted, words underlined have been added.
cc: Clint Perryman
,
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
951 Boat Ramp Expansion
BID NO. 08-5136
Full Name of Bidder
Qualitv Enterprises USA. Inc.
MainBusinessAddress 3894 Mannix Drive, Suite 216. Naples. FL 34114-5406
Place of Business Same
Telephone No. 239-435-7200
Fax No. 239-435-7202
State Contractor'sLicense # CBCA57231, CUC057398
GC-P-1
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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.
MATERIAL
MANUFACTURER
1.
2.
3.
4.
5.
Cpncrete R.:t.J:uc.tl1rp~
Oldcastle
~g
...ll=th.s.t= UiRyl
Dated 10/30/08
Quality Enterprises USA, Inc.
Vice President
BY:
GC-P-3
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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.
Cateqorv of Work
1,
Brick Pavers
2.
Guard Rail
3.
~~s & Pavement Markings
4.
5.
Dated 1 0 I~o lOR
BY;
Subcontractor and Address
Perfect Pavers
Fort Myers, FL
Alford Construction
-Tamp:l, T<'T
Trutwin Industries ,-Inc.
Fort Myers. FL
,
Quality Enterprises USA, Inc.
idder
~.
Vice President
GC-P-4
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STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a Judge of Its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
Reference
1,
Golden Gate Community Park Boat Ramp
Naples, Florida
Clint Perryman, Project Manager
Collier County Coastal Zone Management
239-252-2966
2.
Radio Road at Livjngston Road.
Intersection Improvements
Naples, F10rida
Dan Hall,Project Manager.
Collier County Transportation
239-252-6077
3.
Radio Road at. Corporate Squa.re
Intersection Improvements
Naples, Florida
Dan ~all, Project Manager
Collier County Transporta.tion
239-252-6077
4.
North Collier Boulevard Improvements
Marco Island, Florida
Mike Da.niel, Manager Infrastructure :Const.
City of Marco ,Island
239-825-9554
5.
,
.
6.
Dated 10/30/08
Quality Enterprises USA, Inc.
Bidder
BY:
GC-P-5
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TRENCH SAFETY ACT
Bidder acknowledges that included in the various Items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further Identifies the cost to be summarized
below:
Trench Safety
Measure
{Qescription)
1.
.- 2.
3.
4.
Slope
5.
Units of
Measure
(LF,SY)
LF
Unit
(Quantltv)
Extended
Cost
Unit
Cost
2,180
$ 3.00
$ 6,540.00
TOTAL
$ 6,540.00
Failure to complete the above may result in the Bid being declared non-responsive,
Dated 10/30/08
Duality Enterorises USA. Inc.
Bidder
BY:
GC-P-6
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(i)
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
ITB#:08.5136
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 Collier County business that has a valid occupational license
issued by Collier County at least one year prior to bid or proposal submission to db
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 County 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 physic'11
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 Colller~
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 the
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 the 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: 1994
Number of Employees (Including Owner(s) or Corporate Officers): 190
Number of Employees Living in Collier County (Including Owner(s) or Corporate
Officers}: 39
GC-P-7
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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,
Quality Enterprises USA, Inc.
Bidder Name
Signature
Paul
Vice President
Title
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County,
on this 30th Dayof October ,20 08
Notary Public
~:--- -- ~ - - _~1
. ,1,.",.~, MAROlE l. COHEN
, , ,'" MY COMMISSION I OD 501526
~J. . "1 ,.xPIRES:FebruaryI1,'201O
It; r,1~1\ OllntlOdThhlN9Iaryl'ttJlleUnd&rwrllers
~..~, ~.
My Commission Expires: 2/l 1/10
(AFFIX OFFICIAL SEAL)
GC-P-8
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Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement fonn 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 falls to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, If not impossible, to definitely ascertain and quantify. It is hereby agreed that it
Is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event It fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder, The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding If the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date, The undersigned further.agrees to
substantially complete all work covered by this Bid within one hundred fifty (150)
consecutive calendar days, computed by excluding the commencement date and--
including the last day of such period, and to be fully completed to the point of final.
acceptance by the Owner within thirty (30) consecutive calendar days after Substantial "
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfullv Submitted:
State of F1 or; da
County of Collier
Paul J. Moriarty , being 'first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on' behalf of such Bidder and that this
deponent is authorized to make them,
,
Paul J. Moriartv , also deposes and says
that It has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correc!'
GC-P-9
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(a) Corporation
The Bidder is a corporation organized and
Virginia ,which operates
Quality Enterprises USA, Inc.
officers are as follows:
existing
under
under the laws of the State of
the legal name of
, and the full names of Its
President Howard J. Murrell
Secretary Stacey L. Murrell
Treasurer
Manager
'f-fle Is autl'ionzedlo sign constructimlbids
and oontraets-for-the-compsr.ly-l:Jy-sGtiGlr.l-gf-lts--Beard-of--Ellrectars taKen
, a eertifi-ed-ropy-of-wi'tieh-ls-herel(T1;1-tt-aehecl-{strilw.
out this last sentence if not applicable).
(b) po-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder i.s an individual whose full name is
and If operating under a trade name, said trade name is
DATED 10/30/08
legal entity
GC-P-10
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i
~
BY: Quality Enterprises USA. Inp..
Nam[ f Bidder (Typed)
Sign lure J. Moriarty
Vi e President
Title
3894 Mannix Drive, Suite 216
Naples, Florida 34114-5406
Incorporated in the State of Vitginia
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before me this 30th day of October
2008, by Paui J. Moriarty ,as Vice President
of Quality Enterprises USA, Inc. ,a Vir~inia corporation, on
behalf of the corporation. He/she is personally known to me or has produced
N/A as identification
and did (did not) take an oath.
My Commission Expires:
2/11/10
~r#~
nature of Notary)
~~~\.~ - MARCIE L. coiiEN- .-J
[" ,.\ MY COMMISSION W DD 501526
'~:\: ..,f EXPIRES: Febnrary 11 2010
" r., DoodadTllruNoIllryf1l.tlHcUodarwrI1ers
---- -,,~ -...~-
NAME:
Marcie L. Cohen
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of Florida
Commission No.: DD 501526
GC-P-11
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we _ Quality Enterprises USA,. Inc.
/ (herein after oalled th~) Principal) and
v Travelers Casualty and Surety Company of America
. . ,
(herein called the Surety). a corporatloll chartered and existing under the laws of the
State of Connecticut with Its principal offices In the olty of Hartford _
Elnd EI~ltl1orized to do business In the 8ta(e of Florida _ are held and
firmly bound unto- the Board of County Connnissioners, Collier County, .Florida
(I1erelnaffer oalled the Owner), In the full and Just sum of
-Five-Percent-of-Amount--Bid---- dollars ($ 5%-of-Bid-- )
good and '<1wful money of the United States of Amerioa, 10 be paid UpOn demand of the
Owner, to which payment well and truly to be mede, the Prlnolpal and the SLlrety bind
themselves, their heirs, and executors, administrators; and assigns, Jointly and severally
and firmly by these presents,
Whereas, the Prinolpal Is about to submit, or has submitted to the Owner, a Bid for
furnlshli1g all labor, materials, equipment and Inoldentals necessary to furnish, InstRII,
and fully complete thEl Work on the ProJElct known as
951 Boat Ramp Expansion
aid No- 08-5136
NOW, THEREFORE, If the Owner shall acaept the Bid of the PRINCIPAL and the
PHINCIPAL shall enter Into the required Agreement with the OWtler and within ten days
after the date of a written Notice of Award In accordance with the terms of such Bid, and
give sUoh bond or bonds in an smountof 100% the total Contract Amount as speclflsd in
the Bidding Documents or Contract Documents with good and suffloient surety for the,
faithful performanoe of the Agt"eement and fOl" the prompt payment of labor, materials and '.
supplies furnished in the proseoutlon thereof or, in the event of the failure of the
PRINCIPAL to enter Into such Agreement 01' to give such bond or bonds, and deliver to
Owner the required certlfioateo of Insllranoe, If the PRINCIPAL shall pay to the OI3LiGEE
the fixed sum of $ 5%-of-Bid-- noted above as IIquldateel damages, and not as a
p<,malty, as provided in the Bldellng Documents, then tlils obligation shall be null and void,
otherwise to remain In full force and effect.
.'
GC-P--12
IN TESTIMONY Thereof, the Principal Elnd Surety have caused theBe presents to
be duty signed and sealed this 30th day of October I 2008.
s USA, Inc.
Principal
(Seal)
BY
of America
SUI'ety
(Seal)
Do
Local Hesldent Produol
11ZSbf'/P
Casualty and Surety
Company of America
"
GC-p.13
10M
10M
. .....
TRAVELERS J
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE REO BORDER
Farmington Casualty Company
Fidelity and Gnrlnlllty InSlll'aIlCC Company
Fiddil)' and Gunl'lluty Insurance Underwriters, Inc.
Seaboard Surety Company
St. POLlI Fkc and Marimdusul'l.lllce Company
Attonlcy-In Fttct No.
213480
St. POIul GUlll'dhm hlSUl'ancc Compauy
St. P~lUl Mercury Insurance Company
'1'rnvclcl's CnslIRlty Dud Surety COlllpany
'lhwelcrs Casualty and Surety Company of America
United States Fidelity and Guarnnty Company
CcrUficntcNo, 002455327
KNOW ALL MEN BY THESE PRESENTS: Tllilt Seaboard Smcly Compuny is l\ corpol1llioll duly organized under (he IllWS of the State of New York, thnt St. Palll
Fire and Marino Insurance COlllp,lIlY, 51. ]Jllul Guurdiall [nSlll"l\IlCC Company <Ind St Paul Mercury lllsmnnce Company tire l.'tllpOJ'1ltions duly organized under the luws
of the State of Minnesota, Unit Fnnninglon ClIStI<llty Company, Tnwclers Casua~ty ao{] Surety Company, and Travclers Casualty fll1d Surety Company of A(neric,\ are
corporations duly organized under the Jaws of the State of COllnecticlIt, that United Stales Fidelity nnd GU<ll'llllty Company is <l corporation duly organized under the
laws of the State of Mnryland, that Fidelity and GuanllllY Insurance Company is 11 corporation duly organized under the laws of tile State ofIowa, und that FideUty aod
Gllanmt)' Insurance Underwriters, Tnc. is n corpormion (July orglmiz.ed under the laws of the State of Wisconsin (herein collectively cuBed the "Companies"), find thut
the Companic..<; do hereby make, constitute <lnd nppoint
Mark C. Bundy, Nancy R. Chunla, WilIium E. Crawley, Tammy A. Ward, and Terri Strawhand
of the City of ~Vjrginialleach , State of_____\lirginill , their tnle and lawful Attorncy(s)-in-l1act,
each ill their sepnratc cnpncity if more tlUlll one i~ named above, to sign, cltecute, Senllll1d acknowledge an)' and all bonds, recogniz<lnces, conditionalulldertnking::; nnd
other writings ohlig~'tory in the nmurc thereof on beb.,lf of the Companies ill thciJ: ,busil1cs.~ o(guHranteeillg the fideliLY of persons, gUilrantceing the pel'fOlmance of
conlract1> and executing or guaranteeing bonds and undertakingsrcquil'ed or, \;~"l~lt~~d::in"_l\~:~p,i!oll~~ O{~~~ccedings allowed by law.
,,, ' '.'\
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" ' I"'~ ';>...,'.' .
IN WI1'NRSS WHRREOF, tllC Companies have caused this illSIJ1~,n\en:~,t(;-bc ~jgn~(L~lid !h9f~'?c,;;P~ratc seals to be hereto Mfixed, this _---.?~_
December 2006 .. ~"-, ':', . ,., :, ' -'
da)'or__,.____.______._" (~ , ':~~ < '"
Fa1'mington Cusulllty C~~tl)\\llY: '"'^:':. '~"
Fidelity und Glli\l'llnlyJllslh'.mc~< c..Qm}lm~y
Fidelity ~md Guaranty InNul'~:rice Undel'wtttcrsJ Inc.
ScabOllrcl Surety Company
St. Plllll Fire and l\1urinc IllslIl'llncc Company
~1Y~
SE
'-'l!, ;iol
~
~
~..
...l\~ '"
....--.,'-
'lf~~
~.!lI
Stilte of Connecticut
City of Hartfmd .~s,
St. llnul GuaI'dhm Insul'ance Company
81. Paul Mercury Insurance Company
T01Vclcrs Casunlty and Sm'ety Company
Trnvclcrs Cnsualty and Surety Company of America
Unittd Shltcs Fidelity nud Guaranty Company
"";i"!<~~
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'.f,~~'DIt";~').
'I --- !!)
=t...,-SEAL/i
O'$~'''''''''''~~oIt,"O
--:-
Ry:
On lhis the 7th day of December 2006 ,before me personally appeared Georgc W. Thompson, who acknowledged himself
to be the Sellior Vice President of FarmingtOll CasuallY Company, Fidelity and Guaranty Insurance Company, Pidelity and Guamnty [Ilsuranee Underwriters, Inc.,
Seal)oard SurelY Company, St. Paul Fire and Marine Insurance Compnny. Sl. Paul GI1nrdian Insmance Company, Sl. Pnul Mercury Insurance Company, Travelers
Casualty and S\lret}' Company, Travelers Casualty and Surcty Company of America. and United States Fidelity and GmU'1mty C{Jrnpany, and that he, as "uch, being
1I11thorh:ed so to do, executed the foregoing instrumcnt for the pllfposes therein contained by signing on behalf of the corporations by himself as a dLdy authorized officer.
III Witness Whereof, 1 hereunto sel my hand lJnd official .<;eal.
My Commission expires the 30th day of June, 201 L
58440-5-07 Printed In U.S,A.
'f(\w c. j~
'- M:ll'ie c. Tetreault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
10M
-~
......,.. --~.- -
WARNING: THIS POWER OF AlTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions ndOJlICd by the Boards of Directors of Farmington Casualty Company, Fidelity
and Gmlntnty Insurance Company, Fidelity anti GlIuraruy Insuraacc Underwriters, Inc., Seaboard Surety Com POllY, 51. Pau! Fire and Marine InsuHmce CompilllY,
51. Paul Guardian In:nmll1ce Company, St. Paul Mercury Insurimcc Company, Twvelers Casualty and Surely Compnny, Tr:lveler~ Cnsnulty Ilnd Surely Company of
America, and United Stales Fidelity and GllurmllY COlllpfmY, which rc.~oJulions fire now ill full force and effect, reading as follows:
RESOLVED, that the Clu:dnnon, the President, any Vice Chairman, any Ex.ecutive Vice President, any Senior Viee President, any Vice President, any Second Vic~
President, the Treasurer, flny A.~sistant Tre<lsurer, the Corporate Secretary or allY Assistmll Secretary mllY apj)oint Attomeys"in-.Pact and Agents to act for (lad on behalf
of the Company and may give such appointee such flllthol'ily as his Qt' her certificate of authority mlly prescribe to sign with the Compl\ny's name nnd seal with the
Company's seal bonds, reeoglliul1lccs, contracts of indemnity, fllld other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of s<lid officers or the Board of Directors at any time may remove any :Hlch appointee aneI revoke the power given him or her; lllld it is
FURTHER RESOLVED, that the Cbl1lrn10n, the President, allY Vice Chairman, any Executive Vice President, 1my SeniOl' Vice Pl'csidcnt or any Vice President may
delegate fill or any purl of the foregoing lHlthority to one 01' more officers or employees of this Company, provided that each such delegation is in writing nnd a copy
thereof is filed in the ortice of the Secretary; and it is
FURTHER RESOLVED, that any hond, recognizance. contract of illdemnity, or wJ'iting obligatory in the nature of a bond, recognizance, or conditlOlwl undertnking
shall be valid and binding tlpOn the Company when (,\) signed by the President, any Vice Chairman, any Executive Vice President, Ilny ScniOl' Vice President 01' an)' Vice
President, any SCC011d Vice President, the Trensurer, any Assistant Trellsurer, the Corporate Seefctnry or any Assistant Secretury and duly altcstcd flnd sealed with tl)c
Company's senl by a Secretary or Assistunt Secretary; or (b) duly execuled (under scal, jf required) by olle or more Attorneys-in-Pact and Agents pursuant to the power
prescribed in his or her certificate or their cerliticllte.~ of authority or by one OJ' more Company officers pUfsuant 10 a written delegation of lluthority; and it is
FURTHER UF.,SOLVED, that the signatllrc Df eath of the followillg ofljcers: President, any Ex.ecutive ViccPresidcnt, any Senior Vice President, any Vice President,
any Assistant Vice President, ally Secretary, any Assistant Sect'clary, and the seal of the Company lTlay be affixed by facsimile to any power of attorney or to Rny certiJ1eate
relating thereto appointing Residel]t Vice Presidents, Resident Assistnllt Secretflries or Altorneys-in-Fael for pmposes only of cxecuting nne! aLtcsting hOllds llnci
llndeL'lllking~ and od:'1cr writings obligatory in the nature thereof, and any such power of Iltl.01'lley or ccrtifie!lte bearing sllch facsimile signature 01' facsimile sent shall be
valid and binding lIpon the CompflllY and any such power so executcd and ccrtified by such f<lcsimile signature Clnd facsimile seal shall be valicl find binding on the
Cornpany in the fnture wiLll respect to any bond or underst<lnding 10 which it is HUnched,
I, Kori M, )onwlson, the undersigned, Assistant Secretary, of Farmingtou Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Compnny, SL Paul flire and Marine Insumllcc Company, St. Paul Guardilln Insunlllce Company, St, Paul Mercury Insllrance
Compnny, Travelers Casuully l111d Surcty Company, Travelers Casualty and SUI'~ty_ e;0!11~;ally,o:fAll1eric1\d\11d United States Fidelity ll.nd Guaranty Comp,my do hereby
certify that the above and foregoing is a tl1Je and correct copy of the Power ofAtt"o\:ll'ey Clxco.utecl by snl~ Companies, which is in ftlll force cll1d effect and has not been
revoked, '
IN TESTIMONY WHEREOF, I have hereunto se! my hand and aft1xcd the sChls of said Comp'anies this 30th d<lY of ----.Q_~tober
,20 08
Kod M. )ohans
\)~~~. ~~{'!F.i~~
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To verify {he aU{hcnticity of this Power of Attorney, C<l]] 1~g00-421-3880 or contact llS at www.tmvelersboml.com.
i.lbove-l1amed individuais and the details of the bond 10 which lhe power is <lunched.
Plcase refer to lhe Attorney-In-Fact number, the
WARNING: THIS pnWFR OF ATTORNFY l~ INVAI In WITHOIIT THF RFn R0811FI'l
1 OM .~
T HIS SHE E T MUS T 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, The payment terms have been Indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery Information required Is included,
7. Local Vendor Preference Affidavit completed.
8, If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been Included.
9. Any addenda have been signed and Included.
10. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiaml Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
<:>Bld Number;
<:>Project Name;
<:>Opening Date,
..
12. The Bid will be mailed or delivered In time to be received no later than the
specified ooenlnQ date and time. (OthelWlse Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
Quality Enterprises USA, Inc.
Bidder Name
DATE:
10/30/08
Signature & Title Paul J. Moriarty
Vice President
GC-P-14
10M
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CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with Quality Enterprises USA, Inc,
("Contractor") of 3894 Mannix Drive Suite 216 Naples FL 34114-5406, a Virginia
corporation, authorized to do business in the State of Florida, to perform all work
("Work") in connection with 951 Boat Ramp Parking Lot Expansion, Bid No. 08-5136
("Project"), as said Work is set forth in the Plans and Specifications prepared by Q
Grady Minor, the Engineer and/or Architect of Record ("Design Professional") and other
Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: one million three hundred ninety three
two hundred seventy nine dollars and sixty five cents ($1,393,279.65).
GC-CA-1
10M
Section 4. Bonds.
A Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.qov/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 DamaQes.
A Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within one hundred fifty (150)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within thirty (30) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
GC-CA-2
10~
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, two hundred fifty
dollars and sixty-one cents ($250,61) 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.
GC-CA-3
10M
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6, Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Q. Grady Minor
and identified as follows: 951 Boat Ramp Parking Lot Expansion
as shown on Plan Sheets 1 through 11.
Contractor's List of Key Personnel
GC-CA-4
10M
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:
Clint Perryman
Coastal Zone Management Department
3300 Santa Barbara BLVD
Naples, FL 34116
Tel: 239/252-4245
Fax: 239/252-6531
Email: ClintonPerrvman<Ci!collierqov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Paul J. Moriarty, Vice President
Quality Enterprises USA, Inc.
3894 Mannix Dive, Suite 216
Naples, FL 34114-5406
Phone: (239) 435-7200
Fax: (239) 435-7202
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8, PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list"
GC-CA-5
10M
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 AssiQns.
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, GoverninQ Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver,
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire AQreement.
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, Chanqe Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
GC-CA-6
10M
Section 16, Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
10M
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
TWO WITNESSES:
~-
~TNESS .
By:
Quality Enterprises USA, Inc.
~
' r----
i ,,1
Paul J. Moriarty, Vice President
Type/Print Name and Title
LOllis .T. C:;wrHo
Type/Print Name
~"4ItJ~tLfJ
SECOND I NESS .
SlIS;:!TI .1. Sr.hult7.
Type/Print Name
Date:
\ \ ~b \ ~9
.
OWNER:
~'D(
. ..'Att,,-,"U:to Chllrtl4ft ,
-.. 'lIlll/lt:1,I(f on I ·
ApprQY~~~Toj:orm
and LegaT Sufficiency:
C~fv1~
Print Name: CUll een tYl, (jr.eefJL--
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY: r.::::cd..
rman
Item #
10m..
GC-CA-8
Agenda l.;tl \ I..-.I~
Date ~
Date \ \ 20 ItR
R~'d"\.~_
~
DePUty CierI<
I
1
10M
EXHIBIT A
PUBLIC PAYMENT BOND
951 Boat Ramp Parking Lot Expansion
Bond No. 105195670
Contract No. 08-5136
KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA. Inc.
3894 Mannix Drive. Suite 216. Naples. FL 34114-5406 , as Principal,
and Travelers Casualty and Surety Company of America , as
Surety, located at One Tower Square. Ha,rtford. CT 06183
(8usiness Address) are held and firmly bound to The Board of County ~issioners of
afi Obli&~ In thJJ iYQj, of e on Three Hundred Ninety Three rlig;'i;';!liA f:;~"ti6Mn8rid.
($'!e~~3.27~~g5-J rgr ~he pay ent 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 23rd day of
December 2008, with Obligee for 951 Boat Ramp Parkin!'; Lot Expansion
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 BONO 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 23rd
day of December 2008, 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
10M~
Signed, sealed and delivered
in the presence of:
." ~
\(~~lR~~
Paul DiMeo
PRINCIPAL
BY:
NAME:
ITS:
rises USA, Inc.
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was aCknowledged before me this 23rd day of December
20-118, by Howard J. Murrell ,as President of
Quality Enterprises USA, Inc. . a Virginia corporation, on behalf of the
corporation. He/she is pe~lIy k.!lQlOlD...to me OR has produced N/A as
identification ahd did (did not) take an oath,
, ) YLIL~ 0j~/J.
(Signature of Uary)
, .'
My Commission Expires: 2/11/10
.-.-
lr ..~~.0T;;:- MARCIE L COHEN ]
I!'l .., ~ '-~ ..
tL'/ ,~~~ <\ ~,.,y COMMISSiO~J # OD ~U1'J~'6
i i "::-. .:.:;_.~:<~I ___i 1,~~~j~~~~'~ ~"!~:..___. ._~~;:i;~:,~'r;_
NAME:
Marcie L. C':nhpn
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of Florida
Commission No,: DD 501526
ATTEST:
SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
/
Travelers Casualty and Surety
Company of America 10M
//"\ r~ PI UJn 1 rJ
As Attorney in Fa~
(Attach Power of orney)
OR
Kathryn Snell
Witnesses
Tammy A. Ward
(Printed Name)
One Tower Square
Hartford, CT 06183
(Business Address)
757-491-1100
(Telephone Number)
STATE OF
COUNTY OF
Virginia
Virginia Beach
The foregoing instrument was
December , 2008, by
Attorney-in-Fact
Surety, on behalf of Surety.
N/A
take a n oath.
acknowledged before me this 23rd day of
Tammy A. Ward , as
of Travelers Casualty and Surety Company of America
He/She is person811y known to me OR has produced
as identification and whom (did not)
My Commission Expires:
September 30, 2010
"--?) Ii n < ~ ~.iJ;( Q.hJJJLivO}
(Signature)
Name; Terri K. Strawhand
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Virginia
Commission No.: 247448
Terri K. Strawhand
Commonwealth of Virginia
Notary Public
Comml",',,, No. 247MB
I..v C{'.~J~i~)s:c~. Exr,::es 9/3C:'?010
--._.~-,--...""....-.-
CC-CA-A-3
101
EXHIBIT A
PUBLIC PERFORMANCE BOND
951 Boat Ramp Parking Lot Expansion
Bond No, 105195670
Contract No, 08-5136
KNOW ALL MEN BY THESE PRESENTS: That
3894 Mannix Drive, Suite 216, Naples ,as Principal, and
FL 34114-5406 of America as
One Tower Square, Hartford, CT 06183
(Business Address) are held and firmly bound to
The Board of County Commissioners of Collier Cou t s Obligee in the sum of
One Million Three. Hundred Ninety Three Thousand 0 Hndred Seventy Nine Dollars
and 65/100 ($ 1,393,279.65 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, sLlccessors and assigns, jointly and severally,
Quality Enterprises USA, Inc.
Travelers Casualty and Surety Company
Surety, located at
WHEREAS, Principal has entered into a contract dated as of the 23rd
December 2008, with Obiigee
951 Boat Ramp Parking Lot Expansion
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.
day of
for
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 thElt
Obligee sustElins because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actuai, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified In the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected witt, U,e Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifiCations referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
GC-CA-A-4
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 23rd
day of December , 2008, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
. Signed, sealed and delivered
"~ pre~e.of:
\ L\..,J:..- .,). 'v,----" -7
Pau DiMeo
10M
PRINCIPAL
, Inc.
BY:
NAME:
ITS:
PrPR; npnt"
STATE OF Flor;i1~
COUNTY OF Collier
The foregoing
December
President
Virginia
personally
My
instrument was acicnowledged before me this 23rd
, 2008, by Howard J. Murrell
of Quality Enterprises USA, Inc.
corporation, on behalf of the corporation.
known to me OR has produced N I A
-- as identification and did (did no~ake an oath.
J)' . ,;Iv!
ssio ires: 2 1J.LlO .Ltf.t0,'---G1Jfli~1
r::;i~":':;:':'.. MARCIE L COHEN..... "'I'! (Signature)
16- l/)-~ ';.~ MY Cm,1M!SSiO~~ it ~:)l:f1
tS:,!i~,:fj c,;:;!',I~;:~Ni;t;u:r:'::?'~r I] Name: Marcie L. Cohen
..-. -...', .".,,~, (Legibly Printed)
day of
, as
, a
He/she is
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Florida
Commission No.: DD 501526
GC.CA-A-5
ATTEST:
SURETY:
10M
(Printed Name)
(Business Address)
/~/
(Authorized Sign
(Printed Name)
Travelers Casualty and Surety
Company of America
As Attorney in Fact
(Attach Power of Attorney)
Kathryn Snell
Witnesses
Tammy A. Ward
(Printed Name)
One Tower Square
Hartford, CT 06183
(Business Address)
757-491-1100
(Telephone Number)
STATE OF
COUNTY OF
Virginia
Virginia Beach
The foregoing instrument was acknowledged before me this 23rd day of
December , 2008, by Tammt A. Ward ,as Attorney-in-Fact
of Travelers Casualty and :;ure y a Corporate Surety on
r~~ny n~ AmPTir~ I I
behalf of Surety. He/She is personally known to me OR has produced
NI A as identification and who m(did not) take an oatil.
~~j~~II1J { ; t-)y.)f;/~~j
(Signature)
My Commission Expires:
September 3D, 2010
Name: Terri K. Strawhand
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Terri K. Strawhand .
ComnlOflwealth of Virginia
Notary PUbiic
CtJr,1r:1iS!110n No.1.47148
~,~:2::::'.:':~'~~~~.:,',:C);~~'~~,~_
Notary Public, State of: Virginia
Commission No.: ~24744.!L...._
OC.CA-A.6
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
.....
TRAVELfRSJ
Farmington Casualty Compan}'
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Compan}'
Attomey-In Fact No.
220571
10M
St. Paul Guardian Insurance Compan:r
St. Paul Mercury Insurance Company
Travelers Casualt:r and Surell Com pan}'
Travelers Casualtl and Surety Company of America
United States Fidelity and Guaranty Company
On')'"'-"~7rll
Certificate No. } L ,L b I' f ,I ~j Y
KNOW ALL MEN BY THESE PRESENTS: ThaI Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. that Sf. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota. that Farmington Casualty Company, Travelers Casualty and Surety Company. and Trnvelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"'). and that
the Companies do herehy m;lke. constitute and appoint
Mark C. Bundy, William E. Crawley, Tammy A. Ward, and Terri Strawhand
of the City of Vir.ginia Beach , State of Virginia .____".._ , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named ahove, to sign, execute, seal and acknowledge any and all hands, recognizances. conditional undertakings and
other writings obligatory in the nature thereof on hehalf of the Companies in their business of guaranteeing the fidelity of persons, guarameeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in anyaclions or proceedings allowed hy law.
IN WITNI)~~o1rl!EREOF, the ComP:i8i5~ have caused this instrument to he signed and their corporate seals to he hereto affixed. this
day of ,___~~,
27th
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. I'aul Fire and i\larinc Insurann' Company
e
~
~
State of Connecticut
City of Hartford ss.
St. Paul Guardian Insurance Compan}'
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casually and Surety Compan)' of America
United States Fidelity and Guaranty Compan,y
$"'~""':'+i
'Ii........ .
.. COHN. "
S:.~
By:
27th Octoher 200K
On this the day of ___ __ "__ . before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, FidelilY and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc.,
Seahoard Surety Company. SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers
Casualty and SurelY Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. and that h,:, as such, heing
authorized so to do, executed the foregoing instrument for the purposes therein contained hy signing on hehalf of the corporations hy himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 201 I.
58440~5-07 Printed in U.S.A.
~w
'-Maric(
c,j~
. Tctrcauh, NOlary Puhti<:
~ 10
WARNING: THIS POWER OF ATTORNEY is iNVALID WITHOUT THE RED BORDER
This Pov.ier of Attorney is granted under allll hy the 'Iuthurity pi Ihe f\lllllwing rl'\llllltioll\ adup1l'd Iw llll' Hil<lnb of Dirl'l'lnr\ llf Farmingtun ('iI\
and Guaranty In\urance Company. Fidelity and Guaranty IIl\llr;IIll'l' Lndnwrill'r\. ITll Sl'abo,nd Sml'ly CUlllpany. St, I\llll Fire and 1\1,\1'i
St. Paul Guardian Insurance Company. SL Paul Ml'n:ury Insur,ll1ce (\II11p<lI1\, rra\'cI<.T\ (',I\II<\lIy ;Iml SlIi'l'lY COlllpany. Tr~l\'ekrs ('~I,ua1ty
America. and United Statc\ Fidelity and Guaranly CUlllpany. wbidl resululiol1'. al'c' IV'\\ in lull f,lrLc ,lIld dh'd. rcading as folluw~
alty ("'lllpany. r;ilklil~
,l' Insur,lIlcl' Company,
ld Suret\ Comp:lIlY ut
RESOLVED, that the Ch<lirman. the President. any Vice Ch~lirlIlan, any F;.eclIti\l' \,'ic'c' Pre\idcllt. :lIly S...nior Vice Prl'sident. ,lilY Vice Prc':.:d...l1t. any Second Vicc
President. the Treasurer. any As,i\tant Treasun:r, th... Corporak SC.L'I'I'tary or all\ ,-\,si~I.lIlt St'nt'tar~ mil v appoint Attorl1t'y\-in-F.lct and Al:'ents (0 act rnr and on hell;llf
of the Company and may gi\e \uch ~lppuinIC'l' such authority ~L\ hi\ PI' her t'nlitic,lk (If ;ulIhurity Illa\ prl'\c'rihe to ,ign with the Company's 'WIlIC' and ,eal wilh the
Company's seal honds. recugnizanc\'" contract, oj indemnity. dnd \1thn \\ rilill)2s oroli",<lhll') ill Il1l' n,llure or ,I hond, rC'L'll!!llilalll'l'. or cnnditiolLd unckrtakin!!. ,\110 ,lilY
of said officer, or the Board of Direc'toh at any time may l-l'IlHl\'e allY ~ul:h :Ippoillll'l" antll'c'\'ukl' 11ll' PO\\'lT )!i\l.'1l him ,lr !ttT and it i,
FURTHER RESOLVED. that till' Chainllan. tlll' Pre,idelll. allY ViL'e t'h<lirlll,lIl, an~ I:xeculi\e Vice PI-e,ilknt. any Scniur Vi~'c Prc'sidenl III .lIly ViC'l' Prl'~ideIH may
delegate all or <-Iny part or the furegllil1g ;luthority tll UIle \11 morc' Ilffic'ers ur emploYl'es oj Ihi~ COl1lpany, prP\idc'd that each 'illdl deleg.llio]\ is in ""Tiling and a cPpy
thereof is filed in the office of the Senc'wry: and il is
FURTHER RESOLVED. that allY b01ld, recognil<lIlu:. c'untract of indemnily, 01' writin)! nhligatory ill the nalllrl' oj' a hom!. rC'l'Ilgnizance. or conditiollillUl1derlaking
shall he valid and hinding upon Ihe Company \~'hen (a) sigIlL'd by the Pre,ilklll. any Vic'L' Chairman. any b~xecuti\'C Vic... Pre,idenl. any Senillr Vic'e Pre,idelll or any Vil'e
Presidelll, any Second Vict.' President. the Treasurc'\". any Assistant Trl'asurer, Ihe Corporate Senetar~ \11' any As\i,tant Seefeldl'Y and duly attested and sealed with thl'
Company's seal hy a Send,lry or A~\i\tant SeLTdal'Y: ()I Ih1 dul\' l'xl'l'ulc'd (under seaL if I'eqllired) hy pile ur lllllr... All()rney,-in~h\c>t ,IIHI AgI'nts pursuant to the powel
prescribed in his or her certificate "1 Iheir ccrtificall's 01 authmily 01' hy Olll' 01' morc ('olllpany oriicl'l'\ pur'll<ll1t til ~I writkn deki2atillll or' :lUtl1\lrily~ and it i,
FURTHER RESOLVED. that the ,ignamrl' 01 each of the rollowin)! olfll'ers: I'rt'sidellt. a11\ E\eul1i\c' Vice Pi'c\idcll!. any Senior Vice Prc'sidl'll!. any Vice Pre,idellt.
any A,sistant Vice Pre,iden1. any Secretary, any Assi,tanl Sc'cretary, and tlll' ,t',d ilftll... C'llllP,lIlY mav hI' ;l!li\l'd hy I-ac,imile to an) power or all(11'IlCY t1l' 10 any l'ertificatl'
relating thereto appointing Re,ident Vil'O,~ Presidents, Resilknt A",istanl Sec'rL'laril'\ ill' AttllI'lwys-in-racl 1111' purpnse, nnly of executing and altC~tilli! honds ;lIlt!
undertakings and other writings ohligal\lry in tl1\: 1l,11Ure thert'ol. and allY ,Ul'h PIl\\\'1 "f .111\lrne~ \ll l'enificall' hearilloc sUt'h rac,imik ,ign;lllli'l' nr ral's;(llile seal shall he
valid and hinding upon Ihe Cnnlpany and any ~uch POWCi' '" i..'\t'cllled ,ll1d c'crlilic'd hy ,lIcll l-ac'\ill1ik ,ign,rturl' and jac,imik se,d ~h~lll bL' \,tlid ~lIld hindil1i! 011 the
Company in thc future with re,pcct tll ;1Il\' hpnd Ilr lllHIci'standing \(l \\hil'l, it is ~ll1ildll'd
L Kori~. Johanson, the undersigned. Assistant Secrelary. of Farmingtull ('a,ualty Company. FidelilY and Guaranty Insurance Company. Fidelity and Ciuaranty lnsurani..'l'
Underwriters. Inc.. Seaboard Surety Company. St. Paul Fir... ,lIld I\brinl' Insurance Company, ."it. Paul (iuaruian Insurance Cnlnpany. 51. Paul \1ercury InsuranCl'
Company. Traveler, Casualty and Surety Company. Tr,l\l'krs ClslWl1y and Surety Comp~lIlY nf AIllLTica, aud Lniled States FidelilY and Guaranty Company do hereby
certify that the above and foregoing is a truc anu nmc'ct copy oj the Power 01 AnnrIlt'y exccuted by said ('()l1lpdnie" which i, in rull force and dkcl and has not heell
r,,"voked
IN TESTIMONY WHEREOF. I have hereunto ,et my hand and affixed the sc'als of qid COInpanic\ Ihis
23rd
day 01
December
2(10~
u~L
K(lri 1\1. ,Iohansl Assi\l:lllt Secrl'lary
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To verify the authemicity uf this Power of Al1urIlc'y, call I-K()()--+21-JXX() or c'(\I1tilClllS at w\\'\\_lr,I\C'krsbulH.1.c'ol1l. Pkase rc'kl' to thc' Allorney-ln-Fact numhc'r. lilt'
abo\'c-named individuals and the delaib of the bnnd to \\hich the power i~ attached
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
10M
ACORD,.
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIODIYYYY)
PRODUCER Phone: 757-456-0577
Rutherfoord
222 Central Park Avenue,
Virginia Beach VA 23462
Fax: 757-456-5296
1 5 2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I
iNillC #
INSURERA:Wausau Business )nsurance Campi
INSURER8: Wausau '()ng~rwri tersJn~_l1S_Etn~~
INsuRERc:lnterstate Fire & CasualtY_<:Q
INSURERD:American _J:I1t_'l SpecialtyL.in~
INSURERS AFFORDING COVERAGE
Suite 1340
INSURED
Quality Enterprises USA Ine &
Quality Environment Co.
3894 Mannix Drive, Suite 216
Naples FL 34114-5406
INSURER E
COVERAGES
~HE POLICIES OF INSURANCE LISTED
NOTWITHSTANDING ANY REQUIREMENT,
CERTIFICATE MAY BE ISSUED OR MAY
TERMS, EXCLUSIONS AND CONDITIONS
INSR ADO'L
LTR R
A
TV E FI R N
GENERAL LIABILITY
,
Z.I COMMERCIAL GENERAL LIABILITY
BELOW EAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC~ TO WHICH THIS
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED 3Y PAID CLAIMS.
I POLICY EFFECTWE POLICY EXPIRATION I
POLICY NUMBER ATE MM/DD YY DATE MM DO Y LIMITS
GEN'L AGGREGATE LIMIT APPLIES PER'
POLICY X j~g~ IX- LOC
B I__~_':-!.~OMOBILE LIABILITY
I ANY AUTO
ASJZ91449711018
7/1/2008
EACH OCCURRENCE
DAMAGE TO RENtED
PREMISES(Eaoccurence)
MEDEXP(Anyoneperson)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
I PRODUCTS -COMP/OP AGG
I
51,000,000,1
$300,00_0_
s 5,000
$1,000,0_00_
$2,000,000y
$ 2, QOO_LPOO
'TBKZ9144 9 711 0 3 8
7/1/2008
7/1/2009
,
I
CLAIMS MADE Ix OCCUR
COMBINED SINGLE LIMIT
(Eaaccldenl)
$1,000,000 J'
ALL OWNED AUTOS
SCHEDULED AUTOS
Z__ HIRED AUTOS
X NON-OWNED AUTOS
X 1,000 CQl]\P Ded
X 1 000 Co11 Ded
BODILY INJURY
(Per person)
BODILY INJURY
(Peraccidelll)
PROPERTY DAMAGE
(Peraccidenl)
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EAACCIDENT
~:;s:__ OCCUR
EXCESS/UMBRELLA LIABILITY
i
CLAIMS MADE
OTHER THAN EA ACC
AUTO ONLY AGG $
PFX1003079 7/1/2008 7/1/2009 EACH OCCURRENCE ,$10,000,000
AGGREGATE 1$10,000,000
1$
:$
I $
!WCJZ91449711028 7/1/2008 '7/1/2009 X WCSTATU- OTH-
LJOBY!.-IMITS ER
EL EACH ACCIDENT 5500,000 ./
EL DISEASE - EA EMPLOYEE 5500,000
EL DISEASE - POLICY LIMIT $500 000
1351083 7/1/2008 7/1/2009 1,000,000 eac,---:: claim
2,000,000 aggl-egate
C
1------
I
I DEDUCTIBLE
---I
B
RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes. describe under
SPECIAL PROVISIONS below
OTHER
Poll~tion Liability
D
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
E: Contract #08-5136 "951 Boat ::<.amp parking Let Expansion 11 Collier Countv, ?ler:'..da aloe Add:'..ticnal Insureds ':.nder the
.enE-Lal ~=-a:Oi,~:..t./ and aGtopr~J'-:cy \~it:-. :::-::spe~t to,\w~-~perf.o~'rr:d by L~e. lnSUreo.~ as reci"~:ired by w:.-itten cont:~ct. _
kl.:L':e~ ct ~,1JtJl~)Y,it:..orj dppl:Le:~ "ndel L-_e ,-~ene"-al L=--aC_L=--t./ c.n: ~.'u~kel-~s c.onpensat=--cn pcl=--~_=--e.s =--ll favG::: of t~:e i-v::ld:..t_on",l
InS~,led.s .
CERTIFICATE HOLDER
Board of County Commissioners of Collier
County, Florida
3301 East Tamiami Trail
Naples FL 34112
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO 7HE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSUR~R, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATI
@ACORDCORPORATION1988
ACORD 25 (2001/08)
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.
ACORD 25 (2001/08)
10M
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
10M
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 fumish 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? L8J 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
GC-CA-B-2
10M
b. Employers' Liability
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
~ $1,000,000 Each Accident / i'I"""i-",}lc
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(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 HarbolWorker's Act coverage shall be maintained where
applicable to the completion of the work.
C8'l Applicable D Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
C8'l Applicable D Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? ~ 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:
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
$ 300,000
$ 300,000
$ 300,000
$ 300,000
$ 50,000
$ 500,000
$ 500,000
$ 500,000
$ 500,000
$ 50,000
$1,000,000
$1,000,000
GC-CA-B-3
Personal and Advertising Injury
Each Occurrence
Fire Damage
x
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
10M
$1,000,000
$1,000,000
$ 50,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 50,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 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.
~ Applicable ONot 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.
o Applicable ~ Not Applicable
~,/ ., PROPERTY INSURANCE - BUILDERS RISK
{\' (jwi
(1) The Owner .~ 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.
GC-CA-B-4
10M
(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
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 othelWise. .
(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? [Z;J 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:
Bodily Injury & Property Damage - $ 500,000
~ Bodily Injury & Property Damage - $1,000,000
Bodily Injury & Property Damage - $ 2,000,000
GC-CA-B-5
10M
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.
GC-CA-B-6
10M
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 , 2008 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 th is 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
,as of
corporation, on behalf of the corporation. He/she is personally known to me
as identification and did (did not) take an oath.
, 2008, by
,a
or has produced
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC-CA-C-1
10M
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No.
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER) Application Date
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
Payment Application No.
for Work accomplished through the Date:
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
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
FROM: Collier County Government
Construction Agreement Dated:
Bid No.:
Change Order No.:
Date:
Change Order Description
Original Agreement Amount ................................................... ..... $
Sum of previous Change Orders Amount ....................... ..... $
This Change Order Amount .... ........................ ....................... ..... $
Revised Agreement Amount................... ........................... ..... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by:
Date:
Project Manager
Recommended by:
Date:
Design Professional
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Purchasing Department
GC-CA-E-5
Authorized by
(For use by Owner: Fund
Cost Center:
Number:
Date:
Director
Object Code:
)
GC-CA-E-6
Project
10M
10~
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
10M
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
,2008
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2008
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2008
OWNER
By
Type Name and Title
GC-CA-F-2
10M
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Project No.:
Date:
Contractor:
,2008
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
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. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
GC-CA-G-1
Professional:
By Owner:
By Desig n
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
GC-CA-G-2
10J.]
10/'1
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work,
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
GC-CA-H-1
10M
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation,
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (Ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
GC-CA-H-2
10M
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 6:00 p.m., Monday
through Saturday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4,1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date, Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
GC-CA-H-3
10M
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
GC-CA-H-4
('LMi
. . ~.
~.J ,J
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
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)
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unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
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,
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materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty, All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement seNice 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
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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;
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
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and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
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
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extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders, The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
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
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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.
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.
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12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected, The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
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13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14,1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes), If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U,S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
15. CLEANUP AND PROTECTIONS.
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
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well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16,1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits,
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
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of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. . All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-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
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Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19,1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
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the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
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conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
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directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense,
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23,3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
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
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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, attomeys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
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all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.8, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
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
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prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28,1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1,2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss, Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
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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;
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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 ("MOr) 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.
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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,
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availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and. prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
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
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Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g" general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years, The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34,1.1
Subcontracts and Purchase Orders
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34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34,1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34,1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1,30
34.1,31
34,1.32
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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
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PM IS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee, Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
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35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development.
A "project" shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS
An underground 62-761, Florida Administrative Code (FA C.) or aboveground 62-762,
FAC. regulated tank requires notification to the 'County' prior to installation or closure
of the tank. The Pollution Control Department (239-252-2502), via contract GC-690
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty-eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty-eight (48) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation/closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor/project manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62-761, FAC. and 62-762,
FAC. or you may contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
GC-CA-H-29
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will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES,
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous, Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
GC-CA-H-30
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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
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EXHIBIT J
TECHNICAL SPECIFICATIONS
Please see the specification attachment
GC-CA-J-1
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EXHIBIT K
PERMITS
Please see the specification attachment
GC-CA-K-1
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EXHIBIT L
STANDARD DETAILS
Please see the specification attachment
GC-CA-L-1
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EXHIBIT M
PLANS AND SPECIFICATIONS
Please see the specification attachment
GC-CA-M-1
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
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