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#08-5028 (Quality Enterprises USA, Inc.)
Golden Gate Community Park Boat Ramp COLLIER COUNTY BID NO. 08 -5028 COLLIER COUNTY, FLORIDA Design Professional: Q. Grady Minor COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Q. Grady Minor and identified as follows: Golden Gate Community Park Boat Ramp as shown on Plan Sheets 1 through 133. EXHIBIT N: Contractor's List of Key Personnel PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Golden Gate Community Park Boat Ramp COUNTY BID NO. 08 -5028 Separate sealed bids for the construction of the Golden Gate Community Park Boat Ramp, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 16th day of January, 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 12th day of December, 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, Golden Gate Community Park Boat Ramp Bid No. 08- 5028 and Bid Date of January 9, 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 -12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department website at www.colliergov.net/bid Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw -Hill Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the GC -PN -1 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 Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred twenty (120) 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 26th day of November, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director GC -PN -2 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 -12 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC -IB -1 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the 'Bid Deposit'). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC -I B -2 Section 5. Signing 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 G C -I B -3 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. Mdal l 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 Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. GC -I B -5 Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, 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 GC -I B -6 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -I B -7 ORIGINAL CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Golden Gate Community Park Boat Ramp BID NO. 08 -5028 Full Name of Bidder. Quality Enterprises USA, Inc. Main Business Address 3894 Mannix Drive, Suite 216, Naples, FL 34114 -5406 Place of Busi Telephone No. 239- 435 -7200 Fax No. 239- 435 -7202 State Contractor's License # CBCA57231, CUC057398 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC -P -1 BID SCHEDULE Golden Gate Community Park Boat Ramp Bid No. 08 -5028 Please see attached Bid Schedule GC -P -2 GOLDEN GATE COMMUNITY PARK BOAT LANDING BID NO. 08 -5028 Quality Enterprises USA, Inc. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 MOBILIZATION /DEMOBILIZATION 1 LS $16,800.00 $ 16,800.00 2 CLEARING AND GRUBBING 1 LS $ 3,120.00 $ 3,120.00 3 STORMWATER POLLUTION PLAN 1 LS $10,080.00 $ 10,080.00 4 PARKING LOT RECONFIGURATION 1 LS $33,990.00 $ 33,990.00 5 LIGHT POLE RELOCATION 2 EA $ 1,200.00 $ 2,400.00 6 BOAT LAUNCH CONSTRUCTION 1 LS $89,400.00 $ 89,400.00 7 RIP RAP 130 SY $ 48.00 $ 6,240.00 8 LANDSCAPING 1 LS $15,230.40 $ 15,230.40 9 DEMOLITION EXISTING BULDINGS 1 LS $ 1,800.00 $ 1,800.00 TOTAL $179,060.40 G: \JOB \C- D\Coliier Co. Contracts \CCU 44 \81D SHEETS 10- 30- 0710/3012007 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. 1. 2. 3. 4. 5. MATERIAL Precast Concrete Dated 1/16/08 MANUFACTURER Oldcastle Precast Quality Enterprises USA,Inc. rr BY: Richard R. Slicko, Vice President GC -P -3 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Category of Work Subcontractor and Address 1. Electric Bentley Electric Naples, Florida 2. Landscaping & Irrigation Palm Coact Landscaping _Naples, Florida 3. 4. 5. Dated 1/16/08 Quality Enterprises USA, Inc. bier BY: J ichard R. Slicko, Vice President GC -P -4 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. 1. Project and Location South County Effluent Storage Eagle Lakes Park - Paving & Benches Naples, Florida Reference Karen Guliani. Principal Project Manager Collier County Public Utilities Eng. Dept. 239- 417 -6083 2. Lowdermilk Park Parking Lot and Terry Fedelem, Project Manager Storm Drainage Improvements City of Naples Naples, Florida 239 - 213 -5002 3. South Collier Boulevard Renovation Mike Daniel, Construction Manager Marco Island, Florida City of Marco Island 239 - 825 -9554 4. North Collier Boulevard Improvements Mike Daniel, Construction Manager Marco Island, Florida City of Marco Island 239 - 825 -9554 5. 6. Dated 1/16/08 Quality Enterprises USA, Inc. Bidder BY: ', Richard R. Slicko, Vice President GC -P -5 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) LF SY 1. Slope 110 $ 3.00 330.00 2. 3. 4. 5. TOTAL $ 330.00 Failure to complete the above may result in the Bid being declared non - responsive. Dated 1/16/08 Quality Enterprises USA, Inc. Bidder BY: 0 j /_�� R' hard R. SlLcko, Vice President GC -P -6 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within ninety (90) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within one hundred twenty (120) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Resoectfully Submitted State of Florida County of Collier Richard R. Slicko , 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. Richard R. Slicko , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC -P -7 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Virginia , which operates under the legal name of Quality Enterprises USA, Inc. and the full names of its officers are as follows: President Howard .T_ Miirrall Secretary Stacey L. Murrell Treasu Manager. is au orize o sign construction bids aPA—Ge-Rt o s — crf-9} tars tal ie� whrd- ris-tr o a ached (strike ouTthis- stsento4ce4- net- applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED 1/16/08 GC -P -8 legal entity SS Louis J. Gaudio Witness u an J. S u tz STATE OF Florida COUNTY OF Collier BY: Quality Enterprises USA, Inc. Name of Bidder (Typed) ignature Richard R. Slicko Vice President Title 3894 Mannix Drive, Suite 216 Naples, FL 34114 -5406 Incorporated in the State of Virginia The foregoing instrument was acknowledged before me this 16th day of January 2005,% Richard R. Slicko as Vice President Of quality Enterprises USA, Inc. a Virginia 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 s n x ires: 2/11/10 MARCIE L COHEN MY COMMISSION # DD 501526 EXPIRES: February 11, 2010 NAME Bon&dTNNNagPUWUnde.,d,e (AFFIX OFFICIAL SEAL) GC -P -9 (Signature of Notary) Marcie L. Cohen (Legibly Printed) Notary Public, State of Florida Commission No.: DD 501526 KNOW ALL MEN BY THESE PRESENTS, that we duality Enterprises USA, Inc. (herein after called the Principal) and Travelers Casualty and Surety Company of America (herein called the Surety), a corporation chartered and existing under the laws of the State of Connecticut with its principal offices in the city of Hartford and autharized to do business in the State of Florida are held and firmly bound unto the Boar (hereinafter called the Owner), in the full and just sum of - Five - Percent -of- Amount- Bid--- - - - - -- dollars ($ 5% -of -Bid -- ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. 7 Commissioners, Collier County, Florida Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Golden Gate Community Park Boat Ramp Bid No. 0$5028 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% —of —Bid— noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC-P-10 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 16th day of January, zoos USA, Inc. Aow�&d J. Mdrrell, President TrdVelers Casualty and Surety Company of America ...m.., -- nv.. , , v Countersigned Doug as Inner Local Resident Producing Agen for Travelers Casualty and of America GG -P -11 ' aw Principal (Seal) Surety (Seal) POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 213480 Certificate No. 0 019 6 8 4 7 3 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. 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 Travelers 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 hereby make, constitute and appoint Mark C. Bundy, Nancy R. Chunta, William E. Crawley, Tammy A. Ward, and Teni Strawhand of the City of Virginia Beach , State of Virginia , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of a a.. contracts and executing or guaranteeing bonds and undertakings required or pon4i?ael`rin anyfi�on e�s or proceedings allowed by law. F Is r 7111 IN WITNESS WHEREOF, the Companies have caused this insnrrmeut)ro be sJgn'e�, and Breit corporate seals to be hereto affixed, this day of December 2006 Farmington Casualty Copany a �ti'y i ,.:N �, v St. Paul Guardian Insurance Company Fidelity and GuarantyysuranFe (mpanyt c,4�' St. Paul Mercury Insurance Company Fidelity and Guaranty nsurafrce�Uuderw rters, Ina Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company ON ti FIPE ON4 �Y .+� INS4qh AHn JY, o ,11927 : m3 j — i°1 iSj —_ HPflTFOflD tumraW.i a F i n • s51 T . + q�o scaL'o: t - coxn i `cowl. `e \ \\ ° 3 off:. ! -o58AL; x; .e �i, s�5wvca° d Jatr yr .:' °. vS" State of Connecticut City of Hartford as. By: A i Georg Thompson, tr lace President 7th December 2006 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, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T�% In Witness Whereof, I hereunto set my hand and official seal. ' A My Commission expires the 30th day of June, 2011. P p�_k,,p(•�/�* 58440 -5 -07 Printed in U.S.A. `c� GA, k c . j_Rj� Marie C. Teneault- Notary Public , WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Cgmpany, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surely. .6inpan� -a' kmericca,, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power <Attomgy,exeeuted bymsabttompamcs, which is in full force and effect and has not been v. \ revoked x .y 16th IN TESTIMONY WHEREOF, I have hereunto set my hand aqd affie�°d thesea(s of sad �plptanin this day of January _20 08 x \ F S q v Kori M. Johan Assistant Secretary GI.StI,t� ` $UFEIY E EY � \t.N :MfU9 �Jpy�,N9499v� a aaa p1M =Al.� „ uP' _ It (14i y/ \J \` ` im NO �1EOPGERaIf� £.E00.0�F9lE.mti /jSO }iy ge t 198E Oj uP NAl1IFOPD, , nVRFd 1977 91927 °y( =`*' o� ` C Ncoxx o` `caw. a 1896 1951 SEAL b> `.. 3 a AIHa` To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: caBid Number; r�>Project Name; aOpening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise Bid cannot be considered.) ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET uality Enterprises USA, Inc. Bidd r Nine gnature / &) We Bichard R. Slicko Vice President DATE: 1/16/08 GC -P -12 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 Golden Gate Community Park Boat Ramp, Bid No. 08 -5028 ( "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 hundred seventy nine thousand sixty dollars and forty cents ($179,060.40). 1614947_N 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 Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date, No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within ninety (90) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within one hundred twenty (120) 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-GA-2 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 twenty five dollars and eighty -eight cents ($225.88) 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 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: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Q. Grady Minor and identified as follows: Golden Gate Community Ramp as shown on Plan Sheets 1 through 133. Exhibit N: Contractor's List of Key Personnel GC -CA -4 Park Boat 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, Project Manager Coastal Zone Management 3300 Santa Barbara Blvd. Naples, FL 34116 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 Drive, Suite 216 Naples, FL 34114 -5406 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. GC -CA -5 Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. GC -CA -6 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 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: By: FIRST WITrS Susan J. Schultz Type /Print Name OND WITNESS Louis J. Gaudio Type /Print Name Date: 3 6 —D,8) ATTEST: I., raarst R;= t aa9ip�e t Apl roved As to Form and Legal Swf{icl'ency:, Print Name: Assistant Co my CONTRACTOR: Qum Enterprises USA, Inc. Paul J. Moriarty, Vice President Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FL RIDA BY: Tom Henning, Chairman GC -CA -8 EXHIBIT A PUBLIC PAYMENT BOND Golden Gate Community Park Boat Ramp Bond No. 105065874 Contract No, 08 -5028 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. as Principal, and Travelers Casualty and Surety Company of America , as Surety, located at One Tower Square Hartford CT 06183 (Business Address) are held and firmly bound to Board of county Commissioners of Collier as Obligee in the sum of One Hundred Seventy Nine Thousand Sixty Doll=County, Fl. and 40/100 ($ 179,060.40- ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 13th day of February, 2008 with Obligee for Golden Gate Community Park Boat Ramp in Collier County, Fl. accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 13th day of February, 2008 kbW, 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 - 'I Signed, sealed and delivered in the presence of: WE MEN _wig BT: #, Principal NAMF h STATE OF Florida COUNTY OF Collier PRINCIPAL The foregoing instrument was acknowledged before me this 13th day of February 20 08, by Howard J. Murrell , as President of Quality Enterprises USA, Inc. , a Virginia 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. �1 My Commission Expires: 2/11/10 ��LGrCc t/ (Signature of Notary) *` MA CIE L. COHEN My COMMISSION # DD 501526 ' EXPIRES: February 11, 2010 Bonded Tnm Noiery Nola U,domwo, (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety NAME: Marcie L. Cohen (Legibly Printed) GG-CA -A -2 Notary Public, State of Florida Commission No.: DD 5o1526 SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) STATE OF Virginia COUNTY OF Virginia Beach Trawlers Casualty and Surety OR Company of America As At#orney In t (Attach Pnvler of ttorney) rammy A. Ward (Printed Name) One Tower Square Hartford, CT 06183 (Business Address) 757- 491 -1100 (Telephone Number) The foregoing instrument was acknowledged before me this 13th day of February, 2008 by Tammy A. Ward , as Attorney -in -Fact of Travelers Casualty and Surety Company of America Surety, on behalf of Surety. He /She is personally known to me OR has produced N/A as identification and who xbbt (did not) take an oath My Commission Expires: September 30, 2010 (AFFIX OFFICIAL SEAL) "� 0 n n 6� C oil (Signature) Name: Terri R. Strawhand (Legibly Printed) Notary Public, State of: VA Commission No.: 247448 Terri K. Strawhand Commonwealth of Virginia Notary Public T Commission No. 247448 My Commission Exrir s 913 012 01 0 GC- GA -A -3 EXHIBIT A PUBLIC PERFORMANCE BOND Golden Gate Community Park goat Ramp Bond No. 105065874 Contract No. 08 -5028 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. as Principal, and Travelers Casualty and Surety Company "of America j as Surety, located at (Business Address) are held and Board of County Commissioners of Collier County, FL , One Hundred. Seventy Nine Thousand Sixty Dollars and firmly bound to as Obligee in the sum of 40/100 ($ 179,060.40 -- ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 13th day of February 2008 1 P, I lit with Obligee for Golden Gate Community Park Boat Ramp, Collier County, FL in accordance with drawings and specifications, which contract is inc( reference and made a pant hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligoe; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates extensions of time, alterations or additions to the terms be performed hereunder, or the specifications referred its obligations under this bond, and it does hereby wa extensions of time, alterations or additions to the term the specifications. GC- CA -A -4 and agrees that no changes, of the Contract or other work to to therein shall in anywise affect ive notice of any such changes, s of the Contract or to work or to 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 13th day of February, 2008 , 2OU the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presences PRINCIPAL Quality terpr'. es SA, Inc. .0 / BY: Principal tZ NAME: Howard J. Murrell ITS: President STATE OF Florida COUNTY OF coy 1 The foregoing instrument was acknowledged before me this 13th day of February. Zoos, 2KM by Howard J. Murrell as President of Quality Enterprises USA, Inc. a Virginia 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 (Signature) ��^ ?'.•`a,%�, MARCIEL COHEN r MY COMMISSION & DO 501526 EXPIRES: February 11,2010 Name: Marcie L. Cohen ;Fk aondodPrw Notary N011CUndavrlers (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: DD 501526 G(,-GA-A-? ATTEST: Witnesses as to Surety STATE OF Virginia COUNTY OF Virginia Beach SURETY, (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Travelers Casaulty and Surety Company OR America As Attorney in ct (Attach Power o Attorney) A. Ward (Printed Name) One Tower Square Hartford, cT 06183 (Business Address) 757- 491 -1100 (Telephone Number) The foregoing instrument was acknowledged before me this 13th day of February, 2008 ,� byy Tamm A. Ward aS Attorney -in -Fact Of �rNhAoCpmua aii a Corporate Surety, on behalf If of Surety, He /She is personally known to me OR has produced N/A as identification and who take an oath. nn D No My Commission Expires: �J Q if �_� Q(,c.�11 c1�+G� September 30, 2010 (Signature) Name: Terri K. Strawhand (AFFIX OFFICIAL SEAL) Terri K. ;S grid Commonwealth of Virginia GC �,r A Notary Public Commission No. 247448 Q My Commission Expires 9/30/2010 (Legibly Printed) Notary Public, State of: VA - Commission NO.: 247448 POWER OF RED BORDER A01k POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 213480 Certificate No. 002085188 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. 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 Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the Stale 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 hereby make, constitute and appoint Mark C. Bundy, Nancy R. Chums, William E. Crawley, Tammy A. Ward, and Terri Strawhand of the City of Virginia Beach , State of _ Virginia _ , their true and lawful Attorney(;) -in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of December 2006 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 7th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casually and Surety Company Travelers Casualty and Surely Company of America United States Fidelity and Guaranty Company ="ou,(li • Rrrq ,fix si o % ncm o voaar�,, - .•.� `i ,5 A'b l9ar� o 7977 g rornrto 1927 �` ¢ — ii = snmroao, a-arca"1F0xn�c t°Cpe "o 4s> LO3�` 1957 s�.,Sy�o j \�SEALa'i SEAL:a' conrv. �O i t or tN State of Connecticut City of Hanford ss. By Ceo�g Thom,psm. /ice Pi�.idevl On this the 7th day of December 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing insnurnOm for the purposes therein contained by signing on behalf of the corporations by himself ax a duly authorized officer. p,TE7 In Witness Whereof, [ hereunto set my ]land and official seal. Tai � �7 M /' C M y Commission expires' the 70th day of June, 2011. { pUBLI� 'Y Marie C Tcneaulr. Nbmp Public 58440 -5 -07 Printed in U.S.A. OF ATTORNEY IS WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surer) Company, Travelers Casualty and Surety Company of America, and United Slates Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and sea] with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Atmmeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeyss -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine lusurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casually and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 13th day of February _2008 Kori M. Johaus Assistant Secretary A s PyPO, N A`i s a a . nL G HnA�C� oONENN. Scat SEAL .O � �tlF`,I'4y.aDR. 1°tFs MO Xfl° 0. Y y �+ �N+ Ofi n c, o %9 18Y9'6 V , AMJt"" To verify the authenticity of this Power of Atromcy, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I DATE(MMIDDIYYYY) GORD,N CERTIFICATE OF LIABILITY INSURANCE 2/18/2008 �. ax: �Is1- q6 -s2gD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER III, ne: TsR- q56 -US ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rutherfoord HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 222 Central Park Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. to 1340 v 1 _ _ urgLnia Beach VA 23962 .INSURERS AFFORDING COVERAGE _ NAIC# lesuaeD INSUR ERA: Old Republic Genera] Insurance Quality Enterprises USA Inc INSURERS American Int'1 Specialty Line _. A QUL)ity Environment Co Inc WSURERC Everest National- insurance Co 3999 Mannix Drive, Suite 216 INSURER D, { Naples FT: 34114 -5406 -- - - - - -- -__- INSURER E: COVERAGES --- -- SHOI= ANY 0_- -HIT ABOVE DESCRIBED POLICIES BE CANCELLED THE POLICIES OP INSURANCE .1'YEC BELOW HAVE. BEEN ISSUED 0 HE INSURED NA PHOVE 'OR !HE PO PERIOD WHI H :HIS'1'ED. WHICH HIS NOTWITHSIANDING ANY REQUIREBIN_, TERM OR CONDITION OE' ANY COWL RAC OR. O '[HE I L ER )J UMEN ER DESCRIBED ECE 0 KTTH RE PJ'CI TO HEREIN IS SUBJ' 1 '10 ALL 1'HE CEP ^I ?iCA -E MAY BE ISSUED OR MAY PERTAIN, '.'HE INSURANCE AEPORDED °. "GREGA BY -r LIM J SHOWN POLICIES MAY HAVE BEEN REDUCED BY PAID CLAIMS. PERMS EXCLUSIONS AND CONDL'IONS Oh SV;H POL1C_L A - - POLICY EXPIRATION OD'LI POLICY NUMBER p TE DDIYY D TE MM DIYY LIMITS LTR N RD TVP IN 'A2CG94000702 7O�/ 20071VE '7/ 1 / 2 Q 08 EACH OCCURRENCE $],.000,000 ANSR GENERAL LIABILITY I DAMAGE TO RENTED $100,_000 COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence). I CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5, 000 _ PERSONAL BApV INJURY _ $ 1, COO, COQ_- I -- - GENERAL AGGREGATE $ 2, 000, 000 GEN'In AGGREGATE LIMIT APPLIES PER PRODUCTS COMP /OP AGO I $ 2, 00.0, 000. POLICY X II PRO- X LOC JCT A 1 AUTOMOBILE LIABILITY A2CA44000702 (FT.) 7/1/2007 I7/l/2008 COMBINED SINGLE LIMIT �$1, 000, 000 A �A2CA44010702(VA) X�ANVAUTO 7/1/2007 7/1/2008 (Ea accident) - -- - -- ALLOWNEDAUTOS BODILY INJURY $ (Perperson) ' ',.. SCHEDULED AUTOS - -- X HIREDAUTOS BODILY INJURY $ (Per accident) X ,NON- OWNEDAUTOS '. _. , - - -- X. '.Comp Ded.. $1- ..000. PROPERTY DAMAGE $ (Per accident) X Coll Ded. `1 000 i', AUTO ONLY -EA ACC /DENT $ RAGE LIABILITY I -EA - ACC $. ANY AUTO OTHERTHAN I -- - AUTOONLV: AGO $ C ' EXCESSIUMBRELLA LIABILITY '.7106000003071 7/1/2007 -7 2008 EACH OCCURRENCE � $ 10,_000, 000 - AGGREGATE $ 0, OCO, OQO X OCCUR CLAIMS MADE ! $ Is DEDUCTIBLE _.. I $ RETENTION $ WC STATU OTH A ! WORKERS COMPENSATION AND A2CW44000702 I7 /1 /2007 I,7 /1 /2008 Y' -TORY LIMITS, ER -- -. EMPLOYERS'LIABILITY EL EACH ACCIDENT. S COQ, 000 ANY PROPRIETOR /PARTNERIEXECUTIVE E. L. DISEASE EA EMPLOYEE $ 500, 000...... OFFICEWMEMBER EXCLUDED? If yes describe under E. L. DISEASE POLICY LIMIT I $ 500 000 SPECIAL PROVISIONS below OTHER ICPL1351083 7/1/2007 7/1/2008 m),Coo to, Ca I'M B Ilrn_rac'_)'s Pot- :r_ion DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: C n -a,_ p ;t3 "G i n - n'r nL /Lk Lr Jrp" I, :pe p ;rcu_J k, ..e 'r r, iuI I. .o'] aN i l.tK I Ir R.A I c rI VLUCK --- -- SHOI= ANY 0_- -HIT ABOVE DESCRIBED POLICIES BE CANCELLED DEPORT '_HE EXPilil,'ION DACE CHEREOP, -HE 1S.-,LING INSURER Collier COUntry Board of Coiin�yC orr'Eiss]oners WI 1 ENDEIADrot 0 MAIL T DAYS WR1 -'IEN NO ICE -LO HE 3301 East Tamiaml Trail CERIIJ1CAIE HO -DER NAMED LO -HE -1:d -, 13111 JAI_URE TO DO SO Naples EL 34112 SHA L IMPOSE NO OB.LGe 1CN OR L A] -i-Y OP ANY KIND UPON BE LNSI,RER, 11 A3EN OR kE °RE EN1Y= 1VJ:S. AUTHORIZED REPRESENTATIVE p .,nrn nrnoonon TlnM 1 ORR ACORD 25 (2001/08) 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 coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self - insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self- insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ® Yes ❑ 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 [K.aNe:ba b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $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 Harborworker's Act coverage shall be maintained where applicable to the completion of the work. ❑ Applicable ® Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. ❑ Applicable ® Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ® Yes ❑ 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 $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products /Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 GC- CA -B -3 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 X General Aggregate $2,000,000 Products /Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 General Aggregate $ 5,000,000 Products /Completed Operations Aggregate $ 5,000,000 Personal and Advertising Injury $ 5,000,000 Each Occurrence $ 5,000,000 Fire Damage $ 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 ®Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. ❑ Applicable ® Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall 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 (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 otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? ® Yes ❑ 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 X Bodily Injury & Property Damage - $1,000,000 Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY GC- CA -B -5 (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 EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 1 2007 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY ITS: DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2007, by , as of corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: GC- CA -C -1 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: a EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. _ Project No. Application Date FROM: (Contractor's Representative) Payment Application (Contractor's Name) for Work accomplished throu (Contractor's Address) RE: No. gh the Date: Name) Original Contract Time: Revised Contract Time: 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 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: $ 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: (shall be signed by a duly authorized (Contractor's Name) (Signature) DATE: (Type Name & Title) 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 N 0 Q U U U <� E Qaw o F z x U o a x w I ;� �3 c w `o o rc — 0 W C O U N e z p o a � N U � c N � j I1 N d y U � C r_q N d 2 W F vIa U .WJ a O E r a v U N N m aWea J 0 �� o 0 E U c — J C � W a J C O I O W F N 1 p c0 o - m L N j Z � u ww ms Qa`I o al w 3 �. =a a °= m a q O f Lti O aw �m J U i O V 0 a 2 K 2 m m aF v FL- �iJ U O - p N y p N �L N 'm p a = v � o � - m z E c O C E C U O _ N U N o m £ N J U N U d W O Q F O U c J O p N N I p O m d V r c K E m F w a z w o 3 N 0 Q U U U n. U m f Q N E O LL 'o O 0 N N N R d 0 O N a O c C O U_ s x w M Q U U C7 O r w m' R c fAA R c f0 m 0 � O d 'C ovCL d CN L r U 7 N r > > y C C CL— v o d 'c m'da d N Q' F T .O 7 > > u Q d d � v d _ a O E > > c Z d c 0 E N d d R 0 M Q U U C7 TO: Project Name: Bid No.: Change Order No.: Change Order Description EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Original Agreement Amount .. ............................... Sum of previous Change Orders Amount ............. This Change Order Amount .. ............................... Revised Agreement Amount .. ............................... Date: ......................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Project Manager Recommended by: Design Professional Accepted by: Contractor Approved by: Department Director Approved by: Division Administrator Approved by: Purchasing Department telaye Date: Date: Date: Date: Date: Date: Authorized Director (For use by Owner: Fund Cost Center: Number: ) GC- CA -E -6 Date: Object Code: Project OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC- CA -F -1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: 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 .2007 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 2007 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2007 OWNER By: Type Name and Title GC- CA -F -2 Bid No.: _ Contractor: EXHIBIT G FINAL PAYMENT CHECKLIST No.: Date: 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: Commencement Date: Final Contract Amount: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Actual Final Completion Date: YES NO Calendar Days. Calendar Days. 2007 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 11 12 Consent of Surety received on Operating Department personnel notified Project is in operating phase. 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: GC- CA -G -1 (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) 1919RO7_Qeba 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 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 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through 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 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. 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 reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC- CA -H -4 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. GC- CA -H -5 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, 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 GC- CA -H -6 substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC- CA -H -7 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall GC- CA -H -8 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 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. GC- CA -H -9 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 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 GC- CA -H -10 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. 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, GC- CA -H -11 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. 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 GC- CA -H -12 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 se q. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 GC- CA -H -13 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 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) GC- CA -H -14 calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this GC- CA -H -15 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 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 GC- CA -H -16 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. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice GC- CA -H -17 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 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 GC- CA -H -18 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 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. GC- CA -H -19 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have GC- CA -H -20 authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 26. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If GC- CA -H -21 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 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 GC- CA -H -22 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; 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 Ce1Ei7_d:dR3 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE ISIEN -I:IL! 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. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. GC- CA -H -25 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. GC- CA -H -26 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs GC- CA -H -27 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built' Marked Prints 34.1.24 Operating & Maintenance Instruction 341.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. GC- CA -H -28 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. GC- CA -H -29 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS GC- CA -1 -1 EXHIBIT J TECHNICAL SPECIFICATIONS GC- CA -J -1 EXHIBIT K PERMITS GC- CA -K -1 EXHIBIT L STANDARD DETAILS GC- CA -L -1 EXHIBIT M PLANS AND SPECIFICATIONS GC- CA -M -1 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT lezeae_e.di 00 ^ )\ � \� AFF \� & )E ) §§ S \\ m §! �(! q ©( y. � ®mom . . ...... � ] ; e„ 1 1`txJl I I" a� 0 Boa, .,foe. U�Zg�Z� `i%• �m3aSW3 I 1 ` ^�(vi' 10 r. x. .. o� °o `a 1VNV0 31V0 N30100 rii62 �z 3 WVZW�w/IN 1 1 � �Y �uz N Yw `°NOZoN I u33 W Reims §S rv� o o� °o `a 1VNV0 31V0 N30100 rii62 �z 3 WVZW�w/IN 1 1 � �Y �uz 3 a Y oz 4 Q2 a °e � qo o zCzC F � V 4 U cf W I U Q N Vj U q d P: Y g: ego a., �T a` i �ginngF i N Yw `°NOZoN I W Reims §S o amp tSi� 3 a Y oz 4 Q2 a °e � qo o zCzC F � V 4 U cf W I U Q N Vj U q d P: Y g: ego a., �T a` i �ginngF i ? )§ k \ m ;Iiai § ) k ` §\( § § ( / � § §, / §| & §` §§ \ ° |• n \, ;! § � ƒ Applicant: Collier County BOCC 1File Number: SAJ- 2007- 4227(NW -LBD) Date: 1 August 2007 I FAttached is: See Section below 1 I INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) I A or Letter I PERMIT DENIAL I C I 1 X I APPROVED JURISDICTIONAL DETERMINATION I D JURISDICTIONAL A: INITIAL PROFFERED PERMIT: You may accept or object to the • ACCEPT- Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. Ifyou received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or • ACCEPT.- Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineer forfinal authorization. Ifyou received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. Ia may accept or appeal the approved JD or provide new • ACCEPT.- You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) Project Manager as noted in letter Michael F. Bell 1404-562-5137 IRIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the oonortunity to narticinate in all site investigations. Signature of appellant or agent. APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Force Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 31 July 2007 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAJ- RD -SW -F, SAJ- 20074227(NW -LBD) C. PROJECT LOCATION AND BACKGROUND INFORMATION: 3300 Santa Barbara Blvd. State: Florida County/parish/borough: Collier City: Naples Center coordinates of site (hu/long in degree decimal format): Lat. 26.168500 , Long. - 81.71780° . Universal Transverse Mercator: 17 Name of nearest waterbody: Golden Gate Main Canal Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Gordon River /Golden Gate Main Canal Name of watershed or Hydrologic Unit Code (HUC): Golden Gate Main Canal watershed 0 Check if map /diagram of review area and/or potential jurisdictional areas is /are available upon request. El Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different M for;.:. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: 3l July 2007 d Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RDA SECTION 10 DETERMINATION OF JURISDICTION. There *10601Q "navigable waters of tRe U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Q Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There 1 "waters ofthe U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] I. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs fi Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ;ii: Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs i Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs '* Impoundments ofjurisdictional waters 4 Isolated (interstate or intrastate) waters, including isolated wetlands It. Identify (estimate) size of waters of the U.S. in the review area: Non - wetland waters: 31,700 linear feet: 104 width (ft) and/or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: 0"lr9e 'i�"a`K(1';(h}M Elevation of established OHWM (if known): 2. Non - regulated waters /wetlands (check if applicable)? ."J Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a'I`NW and that typically flows year -round or has continuous flow at least "seasonally" (e.g., typically 3 months). 'Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section HLB below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent ": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards forjurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody" is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsh e. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: iR'v` Drainage area: .`h' (; Average annual rainfall: inches Average annual snowfall: inches (it) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through l is tributaries before entering TNW. Project waters are [ s, f. river miles from TNW. Project waters are ' river miles from RPW. Project waters are Bi aerial (straight) miles from TNW. Project waters: �w, aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW': Tributary stream order, if known: Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. 'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that anply): Tributary is: ❑ Natural ❑ Artificial (man - made). Explain: ❑ Manipulated (man - altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: PriA". Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/% cover: ❑ Other.. Explain: Tributary condition/stability te.g., highly eroding, sloughing banks]. Explain: Presence ofmn/riffle/pool complexes. Explain: Tributary geometry BI t", Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for. PiefcxigisC Estimate average number of flow events in review area/year. Ytac(.Gdsf Describe flow regime: Other information on duration and volume: Surface flow is ('t�. Characteristics: Subsurface flow k?Icte List. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWMe (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM .r Explain: If factors other than the OHWM were used to determ E3 High Tide Line indicated by: ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings /characteristics ❑ tidal gauges ❑ other (list): ne lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ❑ survey to available datum; ❑ physical markings; ❑ vegetation lines /changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 'A natural or man -made discontinuity in the OHWM does not necessarily severjurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for. ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic /wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW (1) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non -TNW: Flow is P, v f. Explain: P Surface flow is: !?"'k 'dit Characteristics: Subsurface flow: ±ik Grs. Explain findings: . ❑ Dye (or other) test performed: (c) Wetland Adiacencv Determination with Non -TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are ,> river miles from TNW. Project waters are�> aerial (straight) miles from TNW. Flow is from Pclrfi'rr'. Estimate approximate location of wetland as within the Pie")+; floodplain. (ii) Chemical Characteristics: - Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species_ Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: M'A Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and /or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g, between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: _ D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS /WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Golden Gate Main Canal is known to have year -round water. It is the main drainage canal for Golden Gate Estates, and some homes fronting it have docks. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates forjurisdictional waters in the review area (check all that apply): 3T. Tributary waters: linear feet width (ft). Other non - wetland waters: acres. Identify type(s) of waters: 3. Non -RPWss that flow directly or indirectly into TNWs. l� Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates forjurisdictional waters within the review area (check all that apply): 0 Tributary waters: linear feet width (ft). Q Other non - wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Q Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. [] Wetlands directly abutting an RPW where tributaries typically flow year- round. Provide data and rationale indicating that tributary is perennial in Section III -D2, above. Provide rationale indicating that wetland is directly abutting an F.PW: Q Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section II1.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates forjurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs. El Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates forjurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 tA��st a general role, the impoundment of ajurisdictional tributary remains jurisdictional. kX Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):19 which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ". which are or could be used for industrial purposes by industries in interstate commerce. f. Interstate isolated waters_ Explain: ek. Other factors. Explain: 'See Footnote # 3. 'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook 1° Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps /EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanas. Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): i` Tributary waters: linear feet width (ft). Other non - wetland waters: acres. Identify type(s) of waters: _0 Wetlands: acres. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): 0 If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Ian 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required forjurisdiction. Explain: El Other: (explain, if not covered above): Provide acreage estimates for non - jurisdictional waters in the review area, where the sole potential basis ofjurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non- wetland waters (i.e., rivers, streams): linear feet width (ft). hl: Lakes /ponds: acres. Other non - wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non - jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required forjurisdiction (check all that apply): Non- wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes /ponds: acres. Other non - wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consuttant: Q. Grady Minor & Associates, 2007. 3s -... Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets /delineation report. Data sheets prepared by the Corps: I Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. E4 U.S. Geological Survey map(s). Cite scale & quad name: Belle Meade NW, 1972. Q USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date): Collier County Property Appraiser 2007. or ❑ Other (Name & Date): Previous determination(s). File no. and date of response letter: Applicable /supporting case law: Applicable/supporting scientific literature: -' Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: NOTICE OF INTENT TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES (RULE 62- 621.300(4), F.A.C.) This Notice of Intent (NOI) form is to be completed and submitted to the Department before use of the Generic Permit for Stormwater Discharge From Large and Small Construction Activities provided in Rule 62-6 621.300(4), F.A.C. The type of project or activity that qualifies for use of the generic permit, the conditions of the permit, and additional requirements to request coverage are specified in the generic permit document [DEP Document 62- 621.300(4)(a)]. The appropriate generic permit fee, as specified in Rule 62- 4.050(4)(d), F.A.C., shall be submitted with this NOI in order to obtain permit coverage. Permit coverage will not be granted without submittal of the appropriate generic permit fee. You should familiarize yourself with the generic permit document and the attached instructions before completing this NOI form. Please print or type information in the appropriate areas below. IDENTIFICATION NUMBER Project ID IL APPLICANT INFORMATION: A. Operator Name: Collier County Board of County Commissioners B. Address: 3300 Santa Barbara Boulevard C. City: Naples D. State: Fl, E. Zip Code: 34116 F. Operator Status: G. Responsible Authority: Mr. Clinton Perryman H. Phone No.: (239) 304 - 4245 III. PROJECT/SITE LOCATION INFORMATION: A. Project Name: Golden Gate Community Park Boat Landing and Picnic Pavilion B. Project Address/Location: 3300 Santa Barbara Boulevard C. City: Naples D. State: Fl, E. Zip Code: 34116 F. County: Collier G. Latitude: 26 ° 10' 711 Longitude: 47" 810 42' H. Is the site located on Indian lands? ❑ Yes ® No I. Water Management District: SFWMD J. Project Contact: Clarence Tears K Phone No.: (239) 263 - 7615 Page I of 5 DEP Form 62. 621.300(4x6) Effective May 1, 2003 IV. PROJECUSITE ACTIVITY INFORMATION: V. DISCHARGE INFORMATION A. MS4 Operator Name (if applicable): NA B. Receiving Water Name: Golden Gate Main Canal VL CERTIFICATION': I certify, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Mr. Clinton Perryman — Project Manager ' Signatory requirements are contained in Rule 62!20,305, F.A.C. Page 2 of 5 DEP Fa 62-621.300(4x6) Effective May 1, 2003 `I la cr;7 Date Signed: ❑ Large Construction (Project will disturb five or more acres of land.) ® Small Construction (Project will disturb one or more acres but less than five acres of land.) B. Approximate total area of land disturbance from commencement through completion of construction: Acres g r ® Address in Part II above ❑ Address in Part III above ❑ Other address (specify F below) D. SWPPP Address: NA E. City: NA NA tate. G. Zip Code: NA ;emu Start Date: November 2007 Completion Date: January 2008 s�r'fnt�ctlD��na V. DISCHARGE INFORMATION A. MS4 Operator Name (if applicable): NA B. Receiving Water Name: Golden Gate Main Canal VL CERTIFICATION': I certify, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Mr. Clinton Perryman — Project Manager ' Signatory requirements are contained in Rule 62!20,305, F.A.C. Page 2 of 5 DEP Fa 62-621.300(4x6) Effective May 1, 2003 `I la cr;7 Date Signed: INSTRUCTIONS — DEP FORM 62- 621.300(4)(6) NOTICE OF INTENT (NOI) TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES Who Must File an NOI: Federal law at 40 CFR Part 122 prohibits the point source discharge of pollutants, including the discharge of stormwater associated with large construction activities as defined at 40 CFR 122.26(b)(14)(x) or small construction activities as defined at 40 CFR 122.26(b)(15), to waters of the United States without a National Pollutant Discharge Elimination System ( NPDES) permit Under the State of Florida's authority to administer the NPDES stormwater program at 403.0885, F.S., operators that have stormwater discharge associated with large or small construction activities to surface waters of the State, including through a Municipal Separate Storm Sewer System (MS4), must obtain coverage either under a generic permit issued pursuant to Chapter 62 -621, F.AC., or an individual permit issued pursuant to Chapter 62- 620, F.A.C. Where to File NOL• NOIs for coverage under this generic permit must be sent to the following address NPDES Stormwater Notices Center, MS #2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 Permit Fee: Permit fees for large and small construction activities to be covered under the generic permit are specified in Rule 62- 4.050(4)(d), FAC. The appropriate generic permit fee (either for large or small construction activities) must be submitted along with the completed NOI in order to obtain coverage under the generic permit. Generic permit coverage will not be granted without payment of the appropriate permit fee. The permit fee shall be paid by either check or money order made payable to: "Florida Department of Environmental Protection" Part I — Identification Number Enter the project's DEP identification number (generic permit coverage number) if known. If an ID number has not yet been assigned to this project (i.e., if this is a new project), leave this item blank. Part H — Applicant Information Item A: Provide the legal name of the person, firm, contractor, public organization, or other legal entity that owns or operates the construction activity descnbed in this NOI. The operator is the legal entity that has authority to control those activities at the project necessary to ensure compliance with the terms and conditions of the generic permit. Items B. — E.: Provide the complete mailing address of the operator, including city, state, and zip code. Item F.: Enter the appropriate one letter code from the list below to indicate the legal status of the operator: F = Federal; S = State; P = Private; M = Public (other than federal or state); O = Other Page 3 of 5 DEP Faro 62-621.300(4x6) Effective May 1, 2003 Page 4 of 5 DEP Form 62621.300(4)(6) Effective May 1, 2003 Items G. —13.: Provide the name and telephone number (including area code) of the person authorized to submit this NOI on behalf of the operator (e.g., Jane Smith, President of Smith Construction Company on behalf of the operator, Smith Construction Company; John Doe, Public Works Director on behalf of the operator, City of Townsville; etc.). This should be the same person as indicated in the certification in Part VI. Part III — Project/Site Location Information Items A. — E.: Enter the official or legal name and complete street address, including city, state, and zip code of the project. Do not provide a P.O. Box number as the street address. If it lacks a street address, describe the project site location (e.g., intersection of State Road 1 and Smith Street). Item F.: Enter the county in which the project is located. Item G.: Enter the latitude and longitude, in degrees - minutes - seconds format, of the approximate center of the project. Item Ii: Indicate whether the project is located on Indian lands. Item I.: Enter the appropriate five or six letter code from the list below to indicate the Water Management District the project is located within: NWFWMD = Northwest Florida Water Management District SRWMD = Suwannee River Water Management District SFWMD = South Florida Water Management District SWFWMD = Southwest Florida Water Management District SIRWMD = St. John's River Water Management District Items J. — V—: Give the name, title, and telephone number (including area code) of the project contact person. The project contact is the person who is thoroughly familiar with the project, with the facts reported in this NOI, and who can be contacted by the Department if necessary. Part IV — Project/Site Activity Information: Item A. Check the appropriate box to indicate whether the project involves large construction activity or small construction activity. Check one boa only. "Large Construction Activity" means construction activity that results in the disturbance of five (5) or more acres of total land area. Large construction activity also includes the disturbance of less than five acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more. "Small Construction Activity" means construction activity that results in the disturbance of equal to or greater than one (1) acre and less than five (5) acres of total land area. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre and less than five acres. Item B.: Provide the approximate total area of land disturbance in acres that the project will involve from commencement Of construction through completion. Items C. - G..: Indicate the location where the Stormwater Pollution Prevention Plan (SWPPP) can be viewed. Provide the address where the SWPPP can be viewed if other than as provided in Parts II or III of the NOL Note that to be eligible for coverage under the generic permit, the SWPPP must have been prepared prior to filing this NOL Item It: Enter the estimated construction start and completion dates in the N%MD/YY format. Page 5 of 5 DEP Fm n 62-621300(4)(b) Effedive May 1, 2003 Page 6 of 5 DEP Fam 62621300(4)(6) Effective May 1, 2003 Controls Erosion and Sediment Controls Stabilization Practices Temporary Stabilization - Top soil piles and disturbed portions of the site where construction activity temporarily ceases for at least 21 days will be stabilized with temporary seed and mulch no later than 14 days from the last construction activity in that area. The temporary seed shall be Rye (grain) applied at the rate of 120 pounds per acre. After seeding, each area shall be mulched with 4,000 pounds per acre of straw. Permanent Stabilization - Disturbed portions of the site where construction activities permanently cease shall be stabilized with permanent seed no later than 14 days after the last construction activity. The permanent seed mix shall consist of 80 lbs /acre. After seeding, each are shall be mulched with 4,000 pounds per acre of straw. The straw mulch is to be taken into place by a disk with blades set nearly straight. STORMWATER MANAGEMENT Stormwater drainage will be provided by sheet flow to existing water management areas. When construction is complete the entire sire will drain to the existing Golden Gate Main Canal stormwater system. OTHER CONTROLS Waste Disposal: Waste Materials All waste materials will be collected and stored in a securely lidded metal dumpster rented from the local Waste Management Company, which is a licensed solid waste management company. The dumpster will meet all local Center City and State solid waste management regulations. All trash and construction debris from the site will be deposited in the dumpster. The dumpster will be emptied as necessary. No construction waste materials will be buried on site. All personnel will be instructed regarding the correct procedure for waste disposal. Notices stating these practices will be posted in the office trailer and the individual who manages the day -to -day site operations will be responsible for seeing that these procedures are followed. Hazardous Waste All hazardous waste materials will be disposed of in the manner specified by local or State regulation or by the manufacturer. Site personnel will be instructed in these practices and the individual who manages day -to -day site operations will be responsible for seeing that these G:AJOBAC- DACOLLIERVCCU44VCollier County \SWP3CCU44REC0VERI6D practices are followed. Sanitary Waste All sanitary waste will be collected from the portable units a minimum of once per week by a licensed sanitary waste management contractor, as required by local regulation. Off site Vehicle Tracking: A stabilized construction entrance will be provided to help reduce vehicle tracking of sediments. Dump trucks hauling material from the construction site will be covered with a tarpaulin. TIMING OF CONTROLS/MEASURES As indicated in the Sequence of Major Activities, the silt fence and sediment will be constructed prior to clearing or grading of any other portions of the site. Areas where construction activity temporarily ceases for more than 21 days will be stabilized with a temporary seed and mulch within 14 days of the last disturbance. Once construction activity ceases permanently in an area, that area will be stabilized with permanent seed and mulch as soon as possible as required by the Florida Stormwater Erosion and sedimentation control manual. CERTIFICATION OF COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS The stormwater pollution prevention plan reflects SFWMD requirements for storm water management and erosion and sediment control. MAINTENANCE/INSPECTION PROCEDURES Erosion and Sediment Control Inspection and Maintenance Practices These are the inspection and maintenance practices that will be used to maintain erosion and sediment controls. All control measures will be inspected at least once each week and following any storm event of 0.50 inch or greater. All measures will be maintained in good working order; if a repair is necessary, it will be initiated within 24 hours of report, but in no case later than 7 days. Built up sediment will be removed from silt fence when it has reached one -third the height of the fence. Silt fence will be inspected for depth of sediment, tears, to see if the fabric is securely attached to the fence posts, and to see that the fence posts are firmly in the ground. G :AJOBVC- DACOLLIERVCCU44VCollier County\SWP3CCU44REC0VERED Temporary and permanent seeding and planting will be inspected for bare spots, washouts, and healthy growth. A maintenance inspection report will be made after each inspection. A copy of the report form to be completed by the inspector is attached. The site superintendent will be responsible for inspections, maintenance and repair activities, and filling out the inspection and maintenance report. INVENTORY FOR POLLUTION PREVENTION PLAN The materials or substances listed below are expected to be present on site during construction: Concrete Detergents Paints (enamel & latex) Metal Studs Concrete Tar Fertilizers - Petroleum Based Products Cleaning Solvents Wood Masonry Block Roofing Shingles SPILL PREVENTION Material Management Practices The following are the material management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to storm water runoff. Good Housekeeping: The following good housekeeping practices will be followed on site during the construction project. An effort will be made to store only enough product required to do the job. All materials stored on site will be stored in a neat, orderly manner in their appropriate containers and, if possible, under a roof or other enclosure. Products will be kept in their original containers with the original manufacturer's label. Substances will not be mixed with on another unless recommended by the manufacturer. Whenever possible, all of a product will be used up before disposing of the container. Manufacturer's recommendations for proper use and disposal will be followed. G'.VOB \C- D \COLLIER\CCU44 \Co1hcr County \SWPXCU44RECOV ERE D The site superintendent will inspect daily to ensure proper use and disposal of materials onsite. Hazardous Products: These practices are used to reduce the risks associated with hazardous materials. Products will be kept in original containers unless they are not resealable. Original labels and material safety data will be retained; they contain important product information. If surplus product must be disposed of, manufacturer's or local and state recommended methods for proper disposal will be followed. Product Specific Practices The following product specific practices will be followed onsite: Petroleum Products: All onsite vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the chance of leakage. Petroleum products will be stored in tightly sealed containers which are clearly labeled. Any asphalt substances used onsite will be applied according to the manufacturer's recommendations. Fertilizers: Fertilizers used will be applied only in the minimum amounts recommended by the manufacturer. Once applied, fertilizer will be worked into the soil to limit exposure to storm water. Storage will be in a covered shed. The contents of any partially used bags of fertilizer will be transferred to a sealed plastic bin to avoid spills. Paints: All containers will be tightly sealed and stored when not required for use. Excess paint will not be discharged to the storm sewer system but will be properly disposed of according to manufacturer's instructions or state and local regulations. Concrete Trucks: Concrete trucks will not be allowed to wash out or discharge surplus concrete or drum wash water on the site. G: \JOE3 \C -D \COLLIER \CCU44 \Collier County \SWP3CCU44RECOVERED SPILL CONTROL PRACTICES In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the following practices will be followed for spill prevention and cleanup: Manufacturer's recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the procedures and the location of the information and cleanup supplies. Materials and equipment necessary for spill cleanup will be kept in the material storage are onsite. Equipment and materials will include but not be limited to brooms, dust pans, mops, rags, gloves, goggles, kitty litter, sand, sawdust, and plastic and metal trash containers specifically for this purpose. All spills will be cleaned up immediately after discovery. The spill are will be kept will ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with a hazardous substance. Spills of toxic or hazardous material will be reported to the appropriate State or local governmental agency, regardless of the size. The spill prevention plan will be adjusted to include measures to prevent this type of spill from reoccur-ring and how to clean up the spill if there is another one. A description of the spill, what caused it, and the cleanup measures will also be included. The site superintendent will be responsible for the day -to -day site operations and will be the spill prevention and cleanup coordinator. G:VOBAC- DACOLLIERVCCU44VCollier County \SWP3CCU44REC0VERED GOLDEN GATE COMMUNITY PARK BOAT LAUNCH CONTRACTOR'S CERTIFICATION I certify under penalty of law that I understand the terms and conditions of the general National Pollution Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification. Signature: For: Name: City, State: Responsible for: General Contractor For: Address: City, Sta Responsible for: Temporary and Permanent Stabilization For: Name: City, S Phone: Responsible for: Stabilized Construction Entrance Earth Dikes, Sediment Basin G:UOBAC- DACOLLIERVCCU44VCollier County \S W P3CCU44RJ'COVERED GOLDEN GATE COMMUNITY PARK BOAT LAUNCH STORM WATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM TO BE COMPLETED EVERY 7 DAYS AND WITHIN 24 HOURS OF A RAINFALL EVENT OF 1.0 INCHES OR MORE INSPECTOR: DA INSPECTOR'S QUALIFICATIONS: DAYS SINCE LAST RAINFALL: AMOUNT OF LAST RAINFALL INCHES STABILIZATION MEASURES AREA DATE SINCE LAST DISTURBANCE DATE OF NEXT DISTURBANCE STABILIZED? YES/NO STABILIZED WITH CONDITION STABILIZATION REQUIRED: TO BE PERFORMED BY: G U0BAC- DAC0LLIERVCCU44VCollier County\S W P3CCU44RECOVERED OR BEFORE: GOLDEN GATE COMMUNITY PARK BOAT LAUNCH STORM WATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM SEDIMENT BASIN: CONDITION OF BASIN SIDE SLOPES ANY EVIDENCE OF OVERTOPPING OF THE EMBANKMENT? CONDITION OF OUTFALL FROM SEDIMENT BASIN MAINTENANCE REQUIRED FOR SEDIMENT BASIN: TO BE PERFORMED BY: ON OR BEFORE: G :V0I3VC- DACOLLIERVCCU44VCollier County\SWP3CCU44REC0VERED GOLDEN GATE COMMUNITY PARK BOAT LAUNCH STORMWATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM STABILIZED CONSTRUCTION ENTRANCE: DOES MUCH SEDIMENT GET TRACKED ON TO ROAD? IS THE GRAVEL CLEAN OR IS IT FILLED WITH SEDIMENT? DOES ALL TRAFFIC USE THE STABILIZED ENTRANCE TO LEAVE THE SITE? IS THE CULVERT BENEATH THE ENTRANCE WORKING? MAINTENANCE REQUIRED FOR STABILIZED CONSTRUCTION ENTRANCE: TO BE PERFORMED BY: ON OR BEFORE: G:VOMC- DACOLLIERWCU44VCollier County \SWP3CCU44REC0VI:RED GOLDEN GATE COMMUNITY PARK BOAT LAUNCH STORMWATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM CHANGES REQUIRED TO THE POLLUTION PREVENTION PLAN: REASONS FOR CHANGES: I certify under penalty of law that this document and all attachments were proposed under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. SIGNATURE: G:UOBAC- DACOLLIERVCCU44VCollier County \S W P3CCU44RFC0 V FRED DATE: GOLDEN GATE COMMUNITY PARK BOAT LANDING BID NO ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 MOBILIZATION /DEMOBILIZATION 1 LS 2 CLEARING AND GRUBBING 1 LS 3 STORMWATER POLLUTION PLAN 1 LS 4 PARKING LOT RECONFIGURATION 1 LS 5 LIGHT POLE RELOCATION 2 EA 6 BOAT LAUNCH CONSTRUCTION 1 LS 7 RIP RAP 130 SY 8 LANDSCAPING 1 LS 9 DEMOLITION EXISTING BUILDINGS 1 LS TOTAL G:1JOMC -MColl er Co. ContractslCCU 4418ID SHEETS 10 -30- 0710/3012007 EXIIIBIT J TECI- INICAL SPECIFICATIONS 1. All roadway boat ramp materials and work shall be supplied and completed in accordance with the FDOT "Standard Specifications for Road and Bridge Construction" dated 2007, as revised to date and attached specifications. 2. Clearing and grubbing shall be limited to work areas only. Contractor shall be responsible for restoring all areas disturbed by his work. All disturbed areas shall be sodded with Bahia. 3. Contractor shall be responsible for all construction layout. Contractor shall field verify all existing culverts and structures in which connections are to be made. 5. Contractor shall be responsible for the cost of all backfill and concrete testing required. 6. Contractor shall coordinate with all utilities for location of existing facilities and shall coordinate for all utility adjustment, and relocation required. 7. Contractor shall be responsible for all Maintenance of Traffic for the project. Maintenance of Traffic shall be in accordance with the FDOT Standard Index and the Manual of Uniform Traffic Control Device (MUTCD, Part VI). 8. Contractor shall coordinate their work with all other County Contractors and workers. Collier County shall allow work to commence at 7:00 AM through 5:00 PM on Monday through Saturday. No work is permitted on Sundays. Note that this area is part of an existing park and may have heavy utilization during late afternoon and evening hours during the week and throughout the day on Saturday. During these times, contractor will need to minimize closure of existing parking areas, provide detours, and any other measures needed to maintain parking and traffic flow. G:UOBVC- DACollier Co. ContractsVCCU 44VGGCP Boat Landing plan bid tech specs 09- 24 -07,doc EXHIBIT J TECHNICAL SPECIFICATIONS (CONTINUED) MEASUREMENT AND PAYMENT PARTI GENERAL 1.01 WORK INCLUDED A. Work under this contract shall be measured and paid for as specified in this Division. Payment for any item of work shall be full compensation for the following: 1. Furnishing all labor, tools, equipment and material. 2. Incidental clearing, grubbing, hauling and suitable disposal of debris related to the work 3. Delivering and installation or placement of material. 4. Excavation, dewatering, stabilization, sheeting, harnessing or bracing and backfilling. 5. Testing to meet requirements of these Specifications or applicable permit requirements. 6. Safety precautions, traffic management, damages arising from the nature of the work and action of the elements or any unforeseen difficulties encountered during the prosecution of the work until acceptance by Owner. 7. Costs and expenses for all taxes, commissions, transportation, patent fees and royalties. 8. Final grading and cleanup. 9. Any incidental work normally associated with the item of work. B. The quantities of payment under this Contract will be determined by actual measurement of the completed item, in place, ready for service and accepted by Owner, in accordance with the applicable method of measurement stated below. A representative of Contractor shall witness all field measurements. G: \JOB \C -D \Collier Co. Contracts \CCU 44 \GGCP Boat Landing plan bid tech specs 09- 24 -07.doc C. Payment for any quantities of work in excess of those shown on the Bid Form will not be made without prior written authorization of such additional work authorized by Owner through the Engineer. PART 2 PAYMENT OF ITEMS 2.01 MEASUREMENT AND PAYMENT A. Unless specified other wise in the Bid Form, work under this Contract shall be measured and paid for as follows: 1. Mobilization/Demobilization: Measurement for mobilization and demobilization shall be by Lump Sum for the project and shall not exceed 10% of the amount for the Base Bid. The work shall include, but not be limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to and form the project site and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities. The cost of bonds and insurance and any other pre- construction expenses necessary for the start of the work, excluding the cost of construction materials, shall be included. 2. Clearing and Grubbing: Measurement shall be by Lump Sum for clearing and grubbing in the areas indicated and required to perform all proposed construction. Work shall include the complete removal and legal disposal of all timber, brush, stumps, weeds, rubbish, and all other obstructions resting on or protruding through the surface of the existing ground to a depth of one foot below finished grade. 3. Stormwater Pollution Plan: Measurement shall be by Lump Sum for the project and shall be pro -rated during the construction based upon work completed. Work shall include all labor, materials and equipment necessary for implementation of the Stormwater Pollution Presentation Plan. This shall include initial instillation of stormwater pollution barriers, maintenance of barrier and their removal upon completion of work. 4. Parking Lot Reconfiguration: Measurement shall be by Lump Sum of all parking lot modification. Work shall include all labor, materials and equipment necessary for removal of existing pavement and curb, construction of proposed parking areas and new curbing, striping, and other miscellaneous work identified on the plans. Light Pole Relocation: Measurement shall be per each light pole relocated. Work shall include all labor, materials, and equipment necessary for light pole relocation, rewiring, splice boxes, and all other G:UOBVC- DACollier Co. ContractsVCCU 44AGGCP Boat Landing plan bid tech specs 09- 24- 07_doc miscellaneous work associated with the completion of light pole relocation. Light poles shall be relocated pursuant to the construction documents. 6. Boat Launch Construction: Measurement shall by Lump Sum for boat launch and bulkhead construction. Work shall include all labor, materials and equipment necessary for the boat launch and bulkhead. This shall include all pre -cast and cast -in -place concrete, and all other miscellaneous materials required for completion of the boat launch construction. Rip -Rap: Measurement shall be by Lump Sum of rip -rap installed. Rip -rap shall be a minimum of 18" thick and shall be FDOT 530 Ditch Lining. Work shall include all labor, materials and equipment necessary for rip -rap installation. Landscaping: Measurement shall be by Lump Sum for all landscape and irrigation installation. Landscaping shall be in accordance with the landscape plan and include but not be limited to landscape relocation, new landscaping, sodding, and any other miscellaneous work required to complete the landscaping. 9. Demolition of Existing Buildings: Measurement shall be by Lump Sum for the demolition of the two (2) existing buildings. Work shall include all labor, material and equipment necessary to remove the existing prefabricated building and one pole type building including hold downs, foundations, electrical and other miscellaneous restorations. WJOBVC- MCollier Co- ContractsVCCU 44VGGCP Boat Landing plan bid tech specs 09 -24 -07 doc LISTING OF ADDITIONAL TECHNICAL SPECIFICATIONS SECTION 02050 02110 02222 02223 02400 02523 02575 02999 03100 03311 03200 G_UOMC- MCollier Co_ Contracts \CCU 44 \additional specs.doc TITLE Demolition Site Clearing Excavation — Earth and Rock Backfilling Lawn Restoration Sidewalks, Driveways and Curbs Pavement Repair and Restoration Miscellaneous Work and Cleanup Concrete Formwork Concrete Concrete Reinforcement SECTION 02050 DEMOLITION PART1 GENERAL 1.1 SUMMARY A. Section Includes: All work necessary for the removal and disposal of structures, foundations, piping, equipment and roadways, or any part thereof including masonry, steel, reinforced concrete, plain concrete, electrical facilities, and any other material or equipment shown or specified to be removed. B. Basic Procedures and Schedule: Carry out demolition so that adjacent structures, which are to remain, are not endangered. Schedule the work so as not to interfere with the day to day operation of the existing facilities. C. Additional Requirements: Provide dust control and make provisions for safety. PART PRODUCTS Not Used PART 3 EXECUTION 3.1 PROTECTION A. General Safety: Provide warning signs, protective barriers, and warning lights as necessary adjacent to the work as approved or required. Maintain these items during the demolition period. B. Existing Services: Undertake no demolition work until all mechanical and electrical services affected by the work have been properly disconnected. Cap, reroute or reconnect interconnecting piping or electrical services that are to remain in service either permanently or temporarily in a manner that will not interfere with the operation of the remaining facilities. C. Hazards: Perform testing and air purging where the presence of hazardous chemicals, gases, flammable materials or other dangerous substances is apparent or suspected, and eliminate the hazard before demolition is started. Section 02050 DEMOLITION Page 1 of 2 3.2 DEMOLITION REQUIREMENTS A. Explosives: The use of explosives will not be permitted. B. Protection: Carefully protect all mechanical and electrical equipment against dust and debris. C. Removal: Remove al debris from the structures during demolition and do not allow debris to accumulate in piles. D. Access: Provide safe access to and egress from all working areas at all times with adequate protection from falling material. E. Protection: Provide adequate scaffolding, shoring, bracing railings, toe boards and protective covering during demolition to protect personnel and equipment against injury or damage. Cover floor openings not used for material drops with material substantial enough to support any loads placed on it. Properly secure the covers to prevent accidental movement. F. Lighting: Provide adequate lighting at all times during demolition. G. Closed Areas: Close areas below demolition work to anyone while removal is in progress. H. Material Drops: Do not drop any material to any point lying outside the exterior walls of the structure unless the area is effectively protected. 3.3 DISPOSAL OF MATERIALS A. Final Removal: Remove all debris, rubbish, scrap pieces, equipment and materials resulting from the demolition unless otherwise indicated. Take title to all demolished materials and remove such items from the site. B. OWNER'S Property: In addition to any items which may be shown, the following items remain the property of the OWNER. Remove carefully, without damage, all items listed or shown, and stockpile as directed. END OF SECTION Section 02050 DEMOLITION Page 2 of 2 SECTION 02110 SITE CLEARING PART1 GENERAL 1.1 SUMMARY A. Section Includes: Requirements for clearing of all areas within the Contract limits and other areas shown. B. Related Work Specified in Other Sections Includes: I . Section 02222 — Excavation — Earth and Rock 2. Section 02223 — Backfilling 3. Section 02400 — Lawn Restoration 1.2 DEFINITIONS A. Clearing: Clearing is the removal from the ground surface and disposal, within the designated areas, of trees, brush, shrubs, down timber, decayed wood, other vegetation, rubbish and debris as well as the removal of fences. B. Grubbing: Grubbing is the removal and disposal of all stumps, buried logs, roots larger than 1 -1/2 inches, matted roots and organic materials. PART PRODUCTS Not Used PART 3 EXECUTION 3.1 TREE REMOVAL A. Tree Removal Within Property Limits: Removal trees and shrubs within the limits of construction unless otherwise indicated. 1. Remove trees and shrubs to avoid damage to trees and shrubs designated to remain. 2. Grub and remove tree stumps and shrubs felled within the limits of construction to an authorized disposal site. Fill depressions created by such removal with material suitable for backfill as specified in Section 02223. Section 02110 SITE CLEARING Page 1 of 4 B. Tree Removal Outside Property Limits: Do not cut or damage trees outside the limits of construction unless shown to be removed or unless written direction is received. 3.2 TREES AND SHRUBS TO BE SAVED A. Protection: Protect trees and shrubs within the limit of construction that are so delineated or are marked in the field to be saved from defacement, injury and destruction. Work within the limits of the tree drip line with extreme care using either hand tools or equipment that will not cause damage to trees. a. Do not disturb or cut roots unnecessarily. Do not cut roots 1 -1/2 inches and larger unless approved. b. Immediately backfill around tree roots after completion of construction in the vicinity of trees. C. Do not operate any wheeled or tracked equipment within drip line. 2. Protect vegetation from damage caused by emissions from engine - powered equipment. 3. During working operations, protect the trunk, foliage and root system of all trees to be saved with boards or other guards placed as shown and as required to prevent damage, injury and defacement. a. Do not pile excavated materials within the drip line or adjacent to the trunk of trees. b. Do not allow runoff to accumulate around trunk of trees. C. Do not fasten or attach ropes, cables, or guy wires to trees without permission. When such permission is granted, protect the tree before making fastening or attachments by providing burlap wrapping and softwood cleats. d. The use of axes or climbing spurs for trimming will not be permitted. C. Provide climbing ropes during trimming. Section 02110 SITE CLEARING Page 2 of 4 4. Remove shrubs to be saved, taking a sufficient earth ball with the roots to maintain the shrub. a. Temporarily replant if required, and replace at the completion of construction in a condition equaling that which existed prior to removal. b. Replace in -kind if the transplant fails. 5. Have any tree and shrub repair performed by a tree surgeon properly licensed by the State of Florida and within 24 hours after damage occurred. 3.3 CLEARING AND GRUBBING A. Clearing: Clear all items specified to the limits shown and removed cleared and grubbed materials from the site. 1. Do not start earthwork operations in areas where clearing and grubbing is not complete, except that stumps and large roots may be removed concurrent with excavation. 2. Comply with erosion sediment control and storm management measures as specified. B. Grubbing: Clear and grub areas to be excavated, areas receiving less than 3 feet of fill and areas upon which structures are to be constructed. 1. Remove stumps and root mats in these areas to a depth of not less than 18 inches below the subgrade of sloped surfaces. 2. Fill all depressions made by the removal of stumps or roots with materials suitable for backfill as specified in Section 02223. C. Limited Clearing: Clear areas receiving more than 3 feet of fill by cutting trees and shrubs as close as practical to the existing ground. Grubbing will not be required. D. Dispose of all material and debris from the clearing and grubbing operation by hauling such material and debris away to an approved dump. The cost of disposal (including hauling) of cleared and grubbed material and debris shall be considered a subsidiary obligation of the Contractor; the cost of which shall be included in the prices bid for the various classes of work. Section 02110 SITE CLEARING Page 3 of 4 3.4 TOPSOIL A. Stripping: Strip existing topsoil from areas that will be excavated or graded prior to commencement of excavating or grading and place in well - drained stockpiles in approved locations. END OF SECTION Section 02110 SITE CLEARING Page 4 of 4 SECTION 02222 EXCAVATION — EARTH AND ROCK PARTI GENERAL 1.1 SUMMARY A. Section Includes: Requirements for performing open cut excavations to the widths and depths necessary for constructing structures, pipelines and conduits including excavation of any material necessary for any purpose pertinent to the construction of the Work. B. Related Work Specified in Other Sections Includes: 1. Section 02110 — Site Clearing 2. Section 02223 — Backfilling 1.2 DEFINITIONS A. Earth: "Earth' includes all materials which, in the opinion of the ENGINEER, do not require blasting, barring, wedging or special impact tools for their removal from their original beds, and removal of which can be completed using standard excavating equipment. Specifically excluded are all ledge and bedrock and boulders or pieces of masonry larger than one cubic yard in volume. B. Rock: "Rock" includes all materials which, in the opinion of the ENGINEER, require blasting, barring, wedging and /or special impact tools such as jack hammers, sledges, chisels, or similar devices specifically designed for use in cutting or breaking rock for removal from their original beds and which have compressive strengths in their natural undisturbed state in excess of 300 psi. Boulders or masonry larger than one cubic yard in volume are classed as rock excavation. C. All excavation shall be unclassified. No additional payment shall be made for excavation of rock. Contractor shall make examination of the existing site prior to bidding to determine existing conditions. PART PRODUCTS Not Used Section 02222 EXCAVATION — EARTH AND ROCK Page 1 of 9 PART 3 3.1 3.2 EXECUTION GENERAL. A. Clearing: Clear open cut excavation sites of obstructions preparatory to excavation. Clearing in accordance with Section 02110, includes removal and disposal of vegetation, trees, stumps, roots and bushes, except those specified to be protected during trench excavation. B. Banks: Shore or slope banks to the angle of repose to prevent slides or cave -ins as required by Work. C. Safety: Whenever an excavation site or trench is left unattended by the CONTRACTOR, or when an area is not within 100 feet of observation by the CONTRACTOR, the excavation site or trench shall be filled and /or, at the OWNER'S discretion, protected by other means to prevent accidental or unauthorized entry. Such protection shall include barricades and other protection devices requested by the ENGINEER or OWNER, including temporary fencing, snow fencing, or temporary "structure" tape. Such safety items shall not relieve the CONTRACTOR of any site safety requirements or liabilities established by Federal, State and local laws and agencies, including OSHA, but is intended as additional safety measures to protect the general public. D. Hazardous Materials: If encountered, take care of hazardous materials not specifically shown or noted in compliance with various laws and regulations. E. During excavation and any site work, storm water pollution prevention measures shall be taken to ensure that water quality criteria are not violated in the receiving water body and all state and local regulatory requirements are met. STRUCTURE EXCAVATION A. Excavation Size: Provide excavations of sufficient size and only of sufficient size to permit the Work to be economically and properly constructed in the manner and of the size specified. B. Excavation Shape: Shape and dimension the bottom of the excavation in earth or rock to the shape and dimensions of the underside of the structure or drainage blanket wherever the nature of the excavated material permit. C. Compaction: Before placing foundation slabs, footings or backfrll, proof roll the bottom of the excavations to detect soft spots. Section 02222 EXCAVATION — EARTH AND ROCK Page 2 of 9 I . For accessible areas, proof roll with a ten wheel tandem axle dump truck loaded to at least 15 tons or similarly loaded construction equipment. 2. For small areas, proof roll with a smooth -faced steel roller tilled with water or sand, or compacted with a mechanical tamper. 3. Make one complete coverage, with overlap, of the area. 4. Over excavate soft zones and replace with compacted select fill. 3.3 TRENCH EXCAVATION A. Preparation: Properly brace and protect trees, shrubs, poles and other structures which are to be preserved. Unless shown or specified otherwise, preserve all trees and large shrubs. Hold damage to the root structure to a minimum. Small shrubs may be preserved or replaced with equivalent specimens. B. Adequate Space: Keep the width of trenches to a minimum; however provide adequate space for workers to place, joint and backfrll the pipe properly. The minimum width of the trench shall be equal to the outside diameter of the pipe at the joint plus 8- inches for unsheeted trench or 12 inches for sheeted trench. The maximum width of trench, measured at the top of the pipe, shall not exceed the outside pipe diameter plus 2 feet, unless otherwise shown on the drawing details or approved by the ENGINEER. Trench walls shall be maintained vertical from the bottom of the trench to a line measured one foot above the top of the pipe. From one foot above the top of the pipe to the surface the trench walls shall conform with OSHA Regulations. 2. In sheeted trenches, measure the clear width of the trench at the level of the top of the pipe to the inside of the sheeting. 3. Should the maximum trench widths specified above be exceeded without written approval, provide concrete cradle or encasement for the pipe as directed. No separate payment will be made for such concrete cradle or encasement. Section 02222 EXCAVATION — EARTH AND ROCK Page 3 of 9 C. Depth: Excavate trenches to a minimum depth of 8 inches below the bottom of the pipe or the bottom of encasement for electrical ducts, unless otherwise shown, specified or directed, so that bedding material can be placed in the bottom of the trench and shaped to provide a continuous, firm bearing for duct encasement, pipe barrels and bells. 2. Standard trench grade shall be defined as the bottom surface of the utility to be constructed or placed within the trench. Trench grade for utilities in rock or other non - cushioning material shall be defined as additional undercuts backfilled with #57 stone compacted in 6 -inch lifts, below the standard 8- inches minimum trench undercut. Excavation below trench grade that is not ordered in writing by the ENGIEER shall be backfilled to trench grade and compacted. D. Unstable or Unsuitable Materials: If unstable or unsuitable material is exposed at the level of the bottom of the trench excavation, excavate the material in accordance with the subsection headed "Authorized Additional Excavation ". Material shall be removed for the full width of the trench and to the depth required to reach suitable foundation material. 2. When in the judgment of the ENGIEER the unstable or unsuitable material extends to an excessive depth, the ENGINEER may advise, in writing, the need for stabilization of the trench bottom with additional select fill material, crushed stone, washed shell, gravel mat or the need to provide firm support for the pipe or electrical duct by other suitable methods. 3. Crushed stone, washed shell and gravel shall be as specified in Section 02223. 4. Payment for such trench stabilization will be made under the appropriate Contract Items for where no such items exist, as a change in the Work. E. Length of Excavation: Keep the open excavated trench preceding the pipe or electrical duct laying operation and the unfilled trench, with pipe or duct in place, to a minimum length which causes the least disturbance. Provide ladders for a means of exit from the trench as required by applicable safety and heath regulations. Section 02222 EXCAVATION — EARTH AND ROCK Page 4 of 9 F. Excavated Material: Excavated material to be used for back511 shall be neatly deposited at the sides of the trenches where space is available. Where stockpiling of excavated material is required, the Contractor shall be responsible for obtaining the sites to be used and shall maintain his operations to provide for natural drainage and not present an unsightly appearance. G. Water: Allow no water to rise in the trench excavation until sufficient backfill has been placed to prevent pipe or duct flotation. 3.4 ROCK EXCAVATION A. Rock Excavation: Excavate rock within the boundary lines and grades as shown, specified or required. 1. Rock removed from the excavation becomes the property of the CONTRACTOR. Transport and dispose of excavated rock at an off site disposal location. Obtain the off site disposal location. 2. Remove all shattered rock and loose pieces. 3. No additional payment shall be made for rock excavation or its disposal. Excavated rock of proper size may be utilized for rip - rap. B. Structure Depths: For cast -in -place structures, excavate the rock only to the bottom of the structure, foundation slab, or drainage blanket. C. Trench Width: Maintain a minimum clear width of the trench at the level of the top of the pipe of the outside diameter of the pipe barrel plus 4 feet, unless otherwise approved. D. Trench Depth: For trench excavation in which pipelines or electrical ducts are to be placed, excavate the rock to a minimum depth of 8 inches below the bottom of the pipe or duct encasement. Provide a cushion of sand or suitable crushed rock. Refill the excavated space with pipe bedding material in accordance with Section 02223. Include placing, compacting and shaping pipe bedding material in the appropriate Contract Items. E. Manhole Depths: For manhole excavation, excavate the rock to a minimum depth of 8 inches below the bottom of the manhole base for pipelines 24 inches in diameter and larger and 6 inches below the bottom manhole base for pipelines less than 24 inches in diameter. Refill the excavated space with pipe bedding material in accordance with Section Section 02222 EXCAVATION — EARTH AND ROCK Page 5 of 9 02223. Include placing, compacting and shaping pipe bedding material for manhole bases in the appropriate Contract Items. F. Over - excavated Space: Refill the excavated space in rock below structures, pipelines, conduits and manholes, which exceeds the specified depths with 2,500 psi concrete, crushed stone, washed shell, or other material as directed. Include refilling of over - excavated space in rock as part of the rock excavation. G. Other Requirements: Follow, where applicable, the requirements of the subsections on "Trench Excavation" and "Structure Excavation ". H. Blasting: Perform authorized blasting by authorized and qualified workers as approved as to the number, length, placing and direction, and loading of holes. Do not use charges which will make the excavation unduly large or irregular, nor shatter the rock upon or against which masonry is to be built, nor injure masonry or existing structures at the site or in the vicinity. Cover each blast with a woven wire cable mat weighted with heavy timbers. Blasting will not be permitted within 25 feet of existing or of the completed pipeline or structure. Control blasts in tunnels so that the material surrounding the tunnel base proper is not loosened or displaced. 2. Discontinue blasting whenever it is determined that further blasting may injure or damage adjacent rock, masonry, utility lines or other structures. In such cases, excavate the remaining rock by barring, wedging or other approved methods. 3. Where sewers, gas, water, steam, or other utility ducts or lines, catch basin connections or other structures have been exposed during excavation, adequately protect such structures from damage before proceeding with the blasting. Promptly repair any structure damaged by blasting at no addition to the Contract Price. 4. Take due precautions to prevent accidental discharge of electric blasting caps from current induced by radar, radio transmitters, lightening, adjacent power lines, dust storms or other sources of extraneous electricity. 5. Keep a sufficient quantity of explosives on hand to avoid delay to the Work on the site when rock excavation is in progress. At no time keep a quantity in excess of that which will be required for use within the following 12 hours. Section 02222 EXCAVATION — EARTH AND ROCK Page 6 of 9 3.4 3.5 6. Store, handle and use such explosives in conformity with all laws, ordinances, and regulations of the County or governing body governing the storage and use of explosives at the construction site. 7. Provide a magazine keeper to keep accurate daily records and account for each piece of explosive, detonator and equipment from time of delivery at the magazine until used or removed from the site. Abandon no explosives or blasting agents. 8. Take sole responsibility for the methods of handling, use, and storage of explosives and any damage to persons or property resulting therefore. Approval of these methods or failure to order that blasting be discontinued does not relieve the CONTRACTOR of any of this responsibility. FINISHED EXCAVATION A. Finish: Provide a reasonably smooth finished surface for all excavations, which is uniformly compacted and free from irregular surface changes. B. Finish Methods: Provide a degree of finish which is ordinarily obtainable from blade -grade operations, except as otherwise specified in Section 02223. PROTECTION A. Traffic and Erosion: Protect newly graded areas from traffic and from erosion. B. Repair: Repair any settlement or washing away that may occur from any cause, prior to acceptance. Re- establish grades to the required elevations and slopes C. It shall be the CONTRACTOR's responsibility to acquaint himself with all existing conditions and to locate all structures and utilities along the proposed utility alignment in order to avoid conflicts. Where actual conflicts are unavoidable, work shall be coordinated with the facility owner and performed so as to cause as little interference as possible with the service rendered by the facility disturbed. Facilities or structures damaged in the prosecution of the work shall be repaired and/or replaced immediately, in conformance with current standard practices of the industry, or according to the direction of the owner of such facility, at the CONTRACTOR's expense. Section 02222 EXCAVATION — EARTH AND ROCK Page 7 of 9 D. Other Requirements: Conduct all Work in accordance with the environmental protection requirements. 3.7 SEGREGATION STORAGE AND DISPOSAL OF MATERIAL A. Stockpiling Suitable Materials: Stockpile topsoil suitable for final grading and landscaping and excavated material suitable for backfilling or embankments separately on the site in approved locations. B. Stockpile Locations: Store excavated and other material a sufficient distance away from the edge of any excavation to prevent its falling or sliding back into the excavation and to prevent collapse of the wall of the excavation. Provide not less than 2 feet clear space between the top of any stockpile and other material and the edge of any excavation. C. Excess Materials: CONTRACTOR shall be responsible to transport and dispose of surplus excavated material and excavated material unsuitable for backfilling or embankments at an off site disposal location secured by the CONTRACTOR. 3.8 REMOVAL OF WATER A. Water Removal: At all times during the excavation period and until completion and acceptance of the WORK at final inspection, provide ample means and equipment with which to remove promptly and dispose of properly all water entering any excavation or other parts of the WORK. B. Dry Excavations: Keep the excavation dry. C. Water Contact: Allow no water to rise over or come in contact with masonry and concrete until the concrete and mortar have attained a set and, in any event, not sooner than 12 hours after placing the masonry or concrete. D. Discharge of Water: Dispose of water pumped or drained from the Work in a safe and suitable manner without damage to adjacent property or streets or to other work under construction. E. Protection: Provide adequate protection for water discharged onto streets. Protect the street surface at the point of discharge. F. Sanitary Sewers: Discharge no water into sanitary sewers. G. Storm Sewers: Discharge no water containing settleable solids into storm sewers. Section 02222 EXCAVATION — EARTH AND ROCK Page 8 of 9 H. Repair: Promptly repair any and all damage caused by dewatering the Work. END OF SECTION Section 02222 EXCAVATION — EARTH AND ROCK Page 9 of 9 SECTION 02223 BACKFILLING PART1 GENERAL 1.1 SUMMARY A. General Requirements: Backfill all excavation to the original surface of the ground or to such other grades as may be shown or required. For areas to be covered by topsoil, leave or stop backfill (12) inches below the finished grade or as shown. Obtain approval for the time elapsing before backfilling against masonry structures. Remove from all backfill, any compressible, putrescible, or destructible rubbish and refuse and all lumber and braces from the excavated space before backfilling is started. Leave sheeting and bracing in place or remove as the work progresses. B. Equipment Limitations: Do not permit construction equipment used to backfill to travel against and over cast -in -place concrete structures until the specified concrete strength has been obtained, as verified by concrete test cylinders. In special cases where conditions warrant, the above restriction may be modified providing the concrete has gained sufficient strength, as determined from test cylinders, to satisfy design requirements for the removal of forms and the application of load. C. Related Work Specified In Other Sections Includes: 1. Section 02110 — Site Clearing 2. Section 02222 — Excavation — Earth and Rock 1.2 REFERENCES A. Codes and standards referred to in this Section are: 1. ASTM D 1557 - Standard Test methods for Moisture- Density Relations of Soil an Soil- Aggregate Mixtures Using 10 lb Rammer and 18 in Drop PART2 PRODUCTS 2.1 BACKFILL MATERIAL - GENERAL A. General: Backfrll and sound materials, free from waste, organic matter, rubbish, boggy or other unsuitable materials. Section 02223 BACKFILLING Page I of 7 2.2 2.3 B. General Materials Requirements: Conform materials used for baekfiliing to the requirements specified. Follow common fill requirements whenever drainage or select fill is not specified. Determine and obtain the approval of the appropriate test method where more than one compaction test method is specified. SELECT FILL A. Materials for Select Fill: Use clean gravel, crushed stone, washed shell, or other granular or similar material as approved which can be readily and thoroughly compacted to 96 percent of the maximum dry density obtainable by ASTM D 1557. Allowed Materials: Grade select fill between the following limits: U.S. Standard Percent Passing Sieve By Weight 2 inch 100 1 -1/2 inch 90 -100 finch 75 -95 /2 inch 45 -70 #4 25 -50 #10 15 -40 #200 5 -15 2. Unallowed Materials: Very fine sand, uniformly graded sands and gravels, sand and silt, soft earth, or other materials that have a tendency to flow under pressure when wet are unacceptable as select fill. COMMON FILL A. Materials for Common Fill: Material from on -site excavation may be used as common fill provided that it can be readily compacted to 90 percent of the maximum dry density obtainable by ASTM D 1557, and doe sot contain unsuitable material. Select fill may be used as common fill at no change in the Contract Price. B. Granular Materials On -Site: Granular on -site material, which is fairly well graded between the following limits may be used as granular common fill: Section 02223 BACKFILLING Page 2 of 7 U.S. Standard Percent Passing Sieve By Weight 3 inch 100 #10 50 -100 #60 20 -90 #200 0 -20 C. Cohesive Materials On -Site: Cohesive site material may be used as common fill. 1. The graduation requirements do not apply to cohesive common fill. 2. Use material having a liquid limit less than or equal to 40 and a plasticity index less than or equal to 20. D. Material Approval: All material used as common fill is subject to approval. If there is insufficient on -site material, import whatever additional off-site material is required which conforms to the specifications and at no additional cost. PART 3 EXECUTION 3.1 PIPE BEDDING AND INITIAL BACKFILL A. Hand Placement: Place select fill by hand for initial pipe backfill from top of bedding to 1 foot over top of pipes in uniform layers not greater than 6 inches in loose thickness. Tamp under pipe haunches and thoroughly compact in place the select fill with suitable mechanical or pneumatic tools to not less than 95 percent of the maximum dry density as determined by ASTM D 1557. B. Stone Placement: Do not place large stone fragments in the pipe bedding or backfill to 1 foot over the top of pipes, nor nearer than 2 feet at any point from any pipe, conduit or concrete wall. C. Unallowed Materials: Pipe bedding containing very fine sand, uniformly graded sands and gravels, sand and silt, soft earth, or other materials that have a tendency to flow under pressure when wet is unacceptable. 3.2 TRENCH BACKFILL A. General: Backfill material shall be clean earth fill composed of sand, clay and sand, sand and stone, crushed stone, or an approved combination thereof. Backfilling shall be accomplished under two specified Section 02223 BACKFILLING Page 3 of 7 requirements. First Lift, from trench grade to a point 12 inches above the tope of the utility, and, Second Lift, from the top of the First Lift to the ground surface. Where thrust blocks, encasements, or other below -grade concrete work have been installed, backfilling shall not proceed until the concrete has obtained sufficient strength to support the backfill load. B. First Lift: Fine material shall be carefully placed and tamped around the lower half of the utility. Backfilling shall be carefully continued in compacted and tested layers not exceeding 6 inches in thickness for the full trench width, until the fill is 12 inches above the top of the utility, using the best available material from the excavation, if approved. The material for these first layers of backfill shall be lowered to within 2 feet above the top of pipes before it is allowed to fall, unless the material is placed with approved devices that protect the pipes from impact. The "First Lift" shall be thoroughly compacted and tested before the "Second Lift' is placed. Unless otherwise specified, compaction shall equal 98% of maximum density, as determined by ASTM D 1557. The "First Lift" backfill shall exclude stones, or rock fragments larger than the following: (Greatest Dimension - Inches) Pipe Type Fragment Size (Inches) Steel 2 Concrete 2 Ductile Iron 2 Plastic 1 Fiberglass 1 C. Second Lift: The remainder of the trench, above the "First Lift ", shall be backfilled and tested in layers not exceeding 6 inches. The maximum dimension of a stone, rock, or pavement fragment shall be 6 inches. When trenches are cut in pavements or areas to be paved, compaction, as determined by ASTM D 1557, shall be equal to 98% of maximum density, with compaction in other areas not less than 95% of maximum density in unpaved portions of the Rights -of -Way or 90% of maximum density in other areas. D. Compaction Methods: The above specified compaction shall be accomplished using accepted standard methods (powered tampers, vibrators, etc.), with exception that the first two feet of backfilling over the pipe shall be compacted by hand - operated tamping devices. Flooding or puddling with water to consolidate backfill is not acceptable, except where sand is the only material utilized and encountered and the operation has been approved by the OWNER. Section 02223 BACKFILLNG Page 4 of 7 E. Density Tests: Density tests for determination of the above specified compaction shall be made by an independent testing laboratory and certified by a Florida Registered, Professional ENGINEER at the expense of the Developer or CONTRACTOR. "Kest locations will be determined by the OWNER but in any case, shall be spaced not more than 100 feet apart where the trench cut is continuous. If any test results are unsatisfactory, the CONTRACTOR shall re- excavate and re- compact the backfill at his expense until the desired compaction is obtained. Additional compaction tests shall be made to each site of an unsatisfactory test, as directed, to determine the extent of re- excavation and re- compaction if necessary. Copies of all density test results shall be furnished on a regular basis by the testing laboratory /engineer, to the Engineer and County. Failure to furnish these results will result in the project not being recommended for acceptance by Collier County. F. Dropping of Material on Work: Do trench backfilling work in such a way as to prevent dropping material directly on top of any conduit or pipe through any great vertical distance. Do not allow backfilling material from a bucket to fall directly on a structure or pipe and, in all cases, lower the bucket so that the shock of falling earth will not cause damage. G. Distribution of Large Materials: Break lumps up and distribute any stones, pieces of crushed rock or lumps which cannot be readily broken up, throughout the mass so that all interstices are solidly filled with fine material. 3.3 STRUCTURE BACKFILL A. Use of Select Fill: Use select fill underneath all structures, and adjacent to structures where pipes, connections, electrical ducts and structural foundations are to be located within this fill. Use select fill beneath all pavements, walkways, and railroad tracks, and extend to the bottom of pavement base course or ballast. 1. Place backfill in uniform layers not greater than 8 inches in loose thickness and thoroughly compact in place with suitable approved mechanical or pneumatic equipment 2. Compact backfill to not less than 95 percent of the maximum dry density as determined by ASTM D 1557. B. Use of Common Fill: Use common granular fill adjacent to structures in all areas not specified above, unless otherwise shown or specified. Select fill may be used in place of common granular fill at no additional cost. Section 02223 BACKFILUNG Page 5 of 7 I . Place backfill in uniform layers not greater than 8 inches in loose thickness and thoroughly compact in place with suitable equipment, as specified above. 2. Compact backfill to not less than 90 percent of the maximum dry density as determined by ASTM D 1557. 3.4 COMPACTION EQUIPMENT A. Equipment and Methods: Carry out all compaction with suitable approved equipment and methods. 1. Compact clay and other cohesive material with sheep's -foot rollers or similar equipment where practicable. Use hand held pneumatic tampers elsewhere for compaction of cohesive fill material. 2. Compact low cohesive soils with pneumatic -tire rollers or large vibratory equipment where practicable. Use small vibratory equipment elsewhere for compaction of cohesionless fill material. 3. Do not use heavy compaction equipment over pipelines or other structures, unless the depth of fill is sufficient to adequately distribute the load. 3.5 FINISH GRADING A. Final Contours: Perform finish grading in accordance with the completed contour elevations and grades shown and blend into conformation with remaining natural ground surfaces. 1. Leave all finished grading surfaces smooth and firm to drain. 2. Bring finish grades to elevations within plus or minus 0.10 foot of elevations or contours shown. B. Surface Drainage: Perform grading outside of building or structure lines in a manner to prevent accumulation of water within the area. Where necessary or where shown, extend finish grading to ensure that water will be carried to drainage ditches and the site area left smooth and free from depressions holding water. Section 02223 BACKFILLING Page 6 of 7 3.6 RESPONSIBILITY FOR AFTERSETTLEMENT A. Aftersettlement Responsibility: Take responsibility for correcting any depression which may develop in backfilled areas from settlement within one year after the work is fully completed. Provide as needed, backfill material, pavement base replacement, permanent pavement, sidewalk, curb and driveway repair or replacement, and lawn replacement, and perform the necessary reconditioning and restoration work to bring such depressed areas to proper grade as approved. 3.7 INSPECTION AND TESTING OF BACKFILLING A. Sampling and Testing: Provide sampling, testing and laboratory methods in accordance with the appropriate ASTM Standard Specification. Subject all backfill to these tests. B. Compaction density tests shall be made at all such backfill areas with spacing not to exceed 100 feet apart and on each 6 -inch compacted layer. C. Correction of Work: correct any areas of unsatisfactory compaction by removal and replacement, or by scarifying, aerating or sprinkling as needed and recompaction in place prior to placement of a new lift. END OF SECTION Section 02223 BACKFILLING Page 7 of 7 SECTION 02400 LAWN RESTORATION PART1 GENERAL 1.1 DESCRIPTION OF REQUIREMENTS A. The work in this section consists of furnishing all labor, material and equipment to replace and maintain all areas disturbed during construction by establishing a stand of grass, within the areas called for by the furnishing and placing grass sod, or seeding, or seeding and mulching. 1.2 REFERENCE DOCUMENTS A. The materials used in this work shall conform to the requirements of Florida Department of Transportation Standard Specifications for Road and Bridge Construction as follows: 1. Sod — Section 981 -2 2. Fertilizer — Section 982 3. Water — Section 983 '.[_ '[110"'I 2.1 SODDING A. Types: Sod may be of either St. Augustine or Argentine Bahia grass or as that disturbed, as established prior to construction. It shall be well matted with roots. When replacing sod in areas that are already sodded, the sod shall be the same type as the existing sod. B. Sod shall be provided as required in accordance with Florida Department of Transportation Specifications 575 and 981. The CONTRACTOR shall furnish sod equal to and similar in type as that disturbed. Placement and watering requirements shall be in accordance with FDOT Specifications Section 575. C. The sod shall be taken up in commercial -size rectangles, preferably 12- inch by 24 -inch or larger, except where 6 -inch strip sodding is called for. D. The sod shall be sufficiently thick to secure a dense stand of live grass. The sod shall be live, fresh and uninjured at the time of planting. It shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. It shall be reasonably free of weeds and Section 02400 LAWN RESTORATION Page 1 of 5 other grasses. It shall be planted as soon as possible after being dug and shall be shaded and kept moist from the time it is dug until it is planted. E. Sod should be handled in a manner to prevent breaking or other damage. Sod shall not be handled by pitch forks or by dumping from trucks or other vehicles. Care shall be taken at all times to retain the native soil on the roots of each sod roll during stripping and handling. Sod that has been damaged by handling during delivery, storage or installation will be rejected. 2.2 FERTILIZER A. Chemical fertilizer shall be supplied in suitable bags with the net weight certification of the shipment. Fertilizer shall be 12 -8 -8 and comply with Section 982 of the FDOT Standard Specification for Road and Bridge Construction. B. The numerical designations for fertilizer indicate the minimum percentages (respectively) of (1) total nitrogen, (2) available phosphoric acid and (3) water soluble potash, contained in the fertilizer. C. The chemical designation of the fertilizer shall be 12 -8 -8, with at least 50 percent of the nitrogen from a nonwater - soluble organic source. The nitrogen source may be a unreafonnaldehyde source provided it is not derived from a waste product of the plastic industry. 2.3 EQUIPMENT A. The device for spreading fertilizer shall be capable of uniformly distributing the material at the specified rate. 2.4 NETTING A. Netting is fabricated of material similar to Geoscope Landscape Fabric or approved equal. 2.5 GRASSING A. The CONTRACTOR shall grass all unpaved areas disturbed during construction which do not require sod. All grassing shall be completed in conformance with FDOT Specifications Sections 570 and 981. The grassed areas shall be mulched and fertilized in accordance with FDOT specifications. B. Grass seed shall be Argentine Bahia, 60 Wacre March 1 to November 1, 50 Wacre with 20 Wacre of rye grass seed November 1 to March 1. Section 02400 LAWN RESTORATION Page 2 of 5 Argentine Bahia seed shall be a scarified seed having a minimum active germination of 40% and total of 85 %. C. Mulch material shall be free of' weeds and shall be oat straw or rye, Pangola, peanut, Coastal Bermuda, or Bahia grass hay. 2.6 TOPSOIL A. Topsoil stockpiled during excavation may be used. If additional topsoil is required to replace topsoil removed during construction, it shall be obtained off site at no additional cost to the OWNER. Topsoil shall be fertile, natural surface soil, capable of producing all trees, plants, and grassing specified herein. 2.7 MULCH A. Mulch shall be fresh cypress mulch. Rate of application specified herein shall correspond to depth not less than 1 -inch or more than 3- inches according to texture and moisture content of mulch material. 2.8 WATER A. It is the CONTRACTOR's responsibility to supply all water to the site, as required during seeding and sodding operations and through the maintenance period until the work is accepted. The CONTRACTOR shall make whatever arrangements may be necessary to ensure an adequate supply of water to meet the needs for his work. He shall also furnish all necessary hose, equipment, attachments, and accessories for the adequate irrigation of lawns and planted areas as may be required. Water shall be suitable for irrigation and free from ingredients harmful to plant life. PART 3 EXECUTION 3.1 SOD BED PREPARATION A. Areas to be sodded and /or seeded shall be cleared of all rough grass, weeds and debris, and brought to an even grade. B. The soil shall then be thoroughly tilled to a minimum 8 -inch depth. C. The areas shall then be brought to proper grade, free of sticks, stones or other foreign matter over 1 -inch in diameter or dimension. The surface shall conform to finish grade, less the thickness of sod, free of water - retaining depressions, the soil friable and of uniformly firm texture. Section 02400 LAWN RESTORATION Page 3 of 5 3.2 INSPECTION A. Verify that soil preparation and related preceding work has been completed. B. Do not start work until conditions are satisfactory. 3.3 SOD HANDLING AND INSTALLATION A. During delivery, prior to planting, and during the plating of sod areas, the sod panels shall at all times be protected from excessive drying and unnecessary exposure of the roots to the sun. All sod shall be stacked during construction and planting so as not to be damaged by sweating or excessive heat and moisture. B. After completion of soil conditioning as specified above, sod panels shall be laid tightly together so as to make a solid sodded lawn area. On mounds and other slopes, the long dimension of the sod shall be laid perpendicular to the slope. Immediately following sod laying the lawn areas shall be rolled with a lawn roller customarily used for such purposes, and then thoroughly watered. C. Sod shall be placed at all areas where sod existed prior to construction, on slopes of 3 horizontal on 1 vertical (3:1) or greater, in areas where erosion of soils will occur, and as directed by the ENGINEER. On areas where the sod may slide, due to height and slope, the ENGINEER may direct that the sod be pegged, with pegs driven through the sod blocks into firm earth, at suitable intervals. 3.4 SOD MAINTENANCE A. The sod shall produce a dense, well established growth. The CONTRACTOR shall be responsible for the repair and re- sodding of all eroded or bare spots until project acceptance. Repair to sodding shall be accomplished as in the original work. B. Sufficient watering shall be done by the CONTRACTOR to maintain adequate moisture for optimum development of the seeded and sodded areas. Sodded areas shall receive no less than 1.5 inches of water per week for at least 2 weeks. Thereafter, the CONTRACTOR shall apply water for a minimum of 60 days as needed until the sod takes root and starts to grow or until final acceptance, whichever is latest. Section 02400 LAWN RESTORATION Page 4 of 5 3.5 CLEANING A. Remove debris and excess materials from the project site. END OF SECTION Section 02400 LAWN RESTORATION Page 5 of 5 SECTION 02523 SIDEWALKS, DRIVEWAYS AND CURBS PART1 GENERAL 1.1 SUMMARY A. Section Includes: Sidewalks, sidewalk ramps, driveways, curbs and drive approaches complete with concrete materials, concrete curing compounds, joint materials, field quality control and appurtenances. 1.2 REFERENCES A. Reference Standards: Conform the work for this Section to the applicable portions of the following standard Specifications: 1. ASTM American Society of Testing and Materials 2. AASHTO American Association of State Highway and Transportation Officials 3. FDOT Florida Department of Transportation — Standard Specifications for Road and Bridge Construction 4. FAC Florida Accessibility Code 5. ADAAG American with Disabilities Act Accessibility Guidelines 6. UFAS Uniform Federal Accessibility Standards 1.3 SUBMITTALS A. Test Reports 1. Thickness and Compressive Strength: Provide the ENGINEER with two (2) certified copies of the test results. Perform the tests by a laboratory approved by the ENGINEER. 1.4 JOB CONDITIONS A. Protection: 1. Protection Against Rain: Comply with the requirements for protecting new work against damage from Rain, as specified under Article 3.3.6 of this Section. Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page I of 7 PART PRODUCTS 2.1 MATERIALS A. Concrete: Use 4000 psi concrete except as modified herein. B. Ready -Mixed Concrete: Use ready -mixed concrete which conforms to ASTM C94, Alternate 2. C. Water: Use water for mixing and curing concrete reasonably clean and free from oil, salt, acid, alkali, chlorides, sugar, vegetable, or other substances injurious to the finished product. Water from sources approved by the local Health department as potable may be used without test. Test water requiring testing in accordance with the current Method of Test for Quality of Water to Used in Concrete, AASHTO T -26. D. Concrete Curing Compounds: Use white membrane curing compound for curing concrete which conforms to AASHTO M148, Type 1 clear, or Type 2 while per FDOT Section 925. E. Premolded Joint Filler: Use fiber joint filler which conforms to ASTM D1751. Use filler of the thickness, as specified herein, or as directed by the ENGINEER. F. Steel Hook Bolts: Use hook bolts which conform to ASTM A706, or for Grade 60 of ASTM A615, or A617. Use 5/8 -inch diameter hook bolts self tapping. G. Joint Sealant: Use hot - poured type joint sealant which conforms to ASTM D1190. PART 3 EXECUTION 3.1 CONTRACTOR'S VERIFICATION A. Excavation and Forming: Prior to the installation of any concrete, examine the excavation and forms for the proper grades, lines, and levels required to receive the new work. Ascertain that all excavation and compacted subgrades are adequate to receive the concrete to be installed. 1. Correct all defects and deficiencies before proceeding with the work. B. Existing improvements: Investigate and verify location of existing improvements to which the new work is to be connected. Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page 2 of 7 1. Making necessary adjustment in line and grade to align the new work with the existing improvements must be approved by the ENGINEER prior to any change. 3.2 PREPARATION A. Forms: Use wood or metal forms, straight and free from warp, clean, and sufficient strength to resist springing during the process of depositing concrete against them. I . Use full depth of the concrete forms. 3.3 INSTALLATION A. Sidewalks, Sidewalk Ramps, Driveways and Driveway Approaches: Construct all sidewalks and sidewalk ramps six (6) inches thick. B. Placement of Forms: Use forms, straight and free from warp, of nominal depth for sidewalk sections less than 25 feet in length. Stake forms to line and grade in a manner that will prevent deflection and settlement 2. When unit slab areas are to be poured, place slab division forms such that the slab division joints will be straight and continuous. 3. Set forms for sidewalk ramps to provide a grade toward the centerline of the right -o£- -way in accordance with current standards. Use a uniform grade, except as may be necessary to eliminate short grade changes. 4. Oil forms before placing concrete. Leave forms in place at least 12 hours after the concrete is placed. Place forms ahead of the pouring operations to maintain uninterrupted placement of concrete. 5. The use of slip form pavers can be allowed when approved by the ENGINEER in lieu of the construction system described above. C. JOINTS: Construct traverse and longitudinal expansion and plane -of- weakness joints at the locations specified herein, or as indicated on the Plans or as directed by the ENGINEER. 1. Place the transverse expansion joints for the full width and depth of the new work. Use transverse expansion joints placed against Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page 3 of 7 an existing pavement a minimum of six (6) inches deep but no less than the thickness of the concrete being placed. 2. Conform longitudinal expansion joints to the requirements as transverse expansion joints. 3. Construct joints true to line with their faces perpendicular to the surface of the sidewalk. Install the top slightly below the finished surface of the sidewalk. Construct transverse joints at right angles to the centerline of the sidewalk and construct longitudinal joints parallel to the centerline or as directed by the ENGINEER. 4. Place transverse expansion joints, 'h -inch thick, through the sidewalk at uniform intervals of not more than 50 feet and elsewhere as shown on the Plans, or as directed by the ENGINEER. 5. Place expansion joints, '/z -inch thick, between the sidewalk and back of abutting parallel curb, buildings or other rigid structures, concrete driveways and driveway approaches. When directed by the ENGINEER, place the expansion joint between sidewalks and buildings 1 -foot from the property line and parallel to it. 6. Form plane -of- weakness joints every five (5) feet. Form joints by use of slab division forms extending to the full depth of the concrete or by cutting joints in the concrete, after floating, to a depth equal to '/4 the thickness on the sidewalk. Construct cut joints not less than 1/8 -inch or more than '/4 -inch in width and finish smooth and at right angles to the centerline on the sidewalk. D. Placing and Finishing Concrete: Place all concrete on a prepared unfrozen, smooth, level, rolled and properly compacted base. Place concrete on a moist surface with no visible water present. 1. Deposit the concrete, in a single layer to the depth specified. Spade or vibrate and compact the concrete to fill in all voids along the forms and joints. Strike off the concrete with a strike board until all voids are removed and the surface has the required grade and cross section as indicated on the Plans, or as directed by the ENGINEER. 2. Float the surface of the concrete just enough to produce a smooth surface free from irregularities. Round all edges and joints with an edger having a `/4 -inch radius. Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page 4 of 7 3. Broom the surface of sidewalks, driveways and approaches to slightly roughen the surface. 4. Texture the surface of the sidewalk ramps with a coarse broom transversely to the ramp slope, and coarser roughen than the remainder of the sidewalk. Contract the ramp slope in color (using a brick -red dye or approved equal) from the remainder of the sidewalk. Comply with minimum color contract and slope requirements from FAC, UFAS, ADAAG, Local Government Standards, or as directed by the ENGINEER. E. Barricades: Place suitable barricades and lights around all newly poured sidewalks, sidewalk ramps, driveways, driveway approaches and curb and gutter sections in order to protect the new work from damage from pedestrians, vehicles and others until the concrete has hardened. 1. Leave barricades in place for a minimum of two (2) days, except for driveway approaches and curb and gutter sections. Leave barricades in place for a minimum of three (3) days. 2. Remove and replace any concrete that suffers surface or structural damage at no additional cost. F. Protection: 1. Against Rain: Protect new concrete from the effects of rain before the concrete has sufficiently hardened. Have available on the job site at all times enough burlap or 6 -mil thick polyurethane film to cover and protect one day's work. Stop work and cover completed work when rain appears eminent. As soon as the rain ceases, uncover the concrete and burlap drag the surface where necessary. Apply curing compound to any areas where the compound has been disturbed or washed away. G. Cleanup: After the concrete has gained sufficient strength, but no sooner than within 12 hours, remove the fixed forms and backfrll the spaces on both sides with sound earth of topsoil quality. Compact, level and leave backfrll in a neat condition. H. Gutters and Curbs: Construct gutters and curbs in accordance with Section 520 MOT Standard Specifications for Road and Bridge Construction, latest edition, including supplements. Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page 5 of 7 3.4 FIELD QUALITY CONTROL A. Concrete Delivery Ticket: Use a ticket system for recording the transportation of concrete from the batching plant to point of delivery. Issue this ticket to the truck operator at the point of loading and give to the ENGINEER upon delivery. B. Concrete Delivery Rejection: Remove concrete not permitted for inclusion in the work by the ENGINEER from the site. Rejection of concrete will be determined through Field Quality control and elapsed time from mixer charging to delivery. C. Concrete Testing at Placement: Perform tests of each batch of concrete delivered, each 50 cubic yards, or whenever consistency appears to vary. The sampling and testing of slump, air content and strength will be performed at no cost to the COUNTY. 1. Sampling: Secure composite samples in accordance with the method of Sampling Fresh Concrete, ASTM C172. 2. Slump Test: Test in accordance with ASTM C143. Use the least slump possible consistent with workability for proper lacing of the various classifications of concrete. a. Place structural concrete for walls and slabs, by means of vibratory equipment, with a slump of four (4) inches. b. A tolerance of up to 1 -inch above the indicated maximum will be allowed for individual batches provided the average for all batches or the most recent ten (10) batches tested, whichever is fewer, does not exceed the maximum limit. 3. Air Content: Determine air content of normal weight concrete in accordance with Method of Test for Air content of Freshly Mixed concrete by the Pressure method, ASTM C23 1, or by the volumetric method, ASTM C 173, for each strength test. 4. Compressive Strength: Make two (2) strength tests of three (3) samples each for each 50 cubic yards, or fraction thereof, of each mix design of concrete placed in any one (1) day. a. Handling Samples: Mold and cure three (3) specimens from each sample in accordance with Method of Making and Curing Concrete Test Specimens in the Field, ASTM Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page 6 of 7 C31. Record any deviations from the requirements of this Standard in the test report. b. Testing: Test specimens in accordance with Method of Test for Compressive Strength of Cylindrical Concrete Specimens, ASTM C39. Test one (1) specimen at seven (7) days for information and test two (2) at 28 days for acceptance. Use the average of the strengths of the two (2) specimens tested at 28 days. Discard results if one (1) specimen in a test manifests evidence of improper sampling, molding or testing, and use the strength of the remaining cylinder. Should both specimens in test shown any of the above defects, discard the entire test. END OF SECTION Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page 7 of 7 SECTION 02575 PAVEMENT REPAIR AND RESTORATION PART1 GENERAL 1.1 SCOPE OF WORK A. Furnish all labor, materials, equipment, and incidentals required and remove and replace pavements as shown on the drawings and /or specified herein. 1.2 GENERAL A. All damage, as a result of work under this project, done to existing pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, utility and including all obstructions not specifically named herein, shall be repaired in a manner satisfactory to the ENGINEER. Bid prices shall include the furnishing of all labor, materials, equipment, and incidentals necessary for the cutting, repair, and restoration of the damaged areas unless pay items for specific types of repair are included in the Bid Form. B. Keep the surface of the backfilled area of excavation in a safe condition and level with the remaining pavement until the pavement is restored in the manner specified herein. All surface irregularities that are dangerous or obstructive to traffic are to be removed. The repair shall conform to applicable OWNER or State requirements for pavement repair and as described herein. C. All materials and workmanship shall be first class and nothing herein shall be construed as to relieve the CONTRACTOR from this responsibility. The OWNER reserves the right to require soil bearing or loading tests or materials tests, should the adequacy of the foundation or the quality of materials used be questionable. Costs of these tests shall be borne by the OWNER, if found acceptable; the costs of all failed tests shall be borne by the CONTRACTOR. D. All street and road repair shall be made in accordance with the details indicated on the drawings and in accordance with the applicable requirements of these Specifications and meeting the permit requirements and approval of the governing Department of Transportation agencies. E. Pavement or roadway surfaces cut or damaged shall be replaced by the CONTRACTOR in equal or better condition than the original, including stabilization, base course, surface course, curb and gutter or other Section 02575 PAVEMENT REPAIR AND RESTORATION Page 1 of 4 appurtenances. The CONTRACTOR shall obtain the necessary permits prior to any roadway work. 1.3 QUALITY ASSURANCE A. Applicable provisions of the latest version of the Florida Department of Transportation "Standard Specifications for Road and Bridge Construction ", and Supplemental Specifications hereunder govern the work under this Section. The Florida Department of Transportation will hereafter be referred to as FDOT. PART2 PRODUCTS 2.1 MATERIALS A. All materials utilized in flexible base pavement and base course shall be as specified in the latest version of the Florida Department of Transportation "Standard Specifications for Road and Bridge Construction ". PART 3 EXECUTION 3.1 CUTTING PAVEMENT A. Cut and remove pavement as necessary for installing the new curbing, new pavement areas, etc. B. Before removing pavement, the pavement shall be marked for cuts. Asphalt pavement shall be cut along the markings with a jackhammer, rotary saw, or other suitable tool, leaving a uniform and straight edge with minimum disturbance to the remaining adjacent surface. C. No pavement shall be machine pulled until completely broken and separated along the marked cuts. 3.2 GENERAL RESTORATION A. The restoration of existing street paving, driveways, etc., shall be restored, replaced or rebuilt using the same type of construction as was in the original. Be responsible for restoring all such work, including sub -grade and base courses where present. Obtain and pay for such local or other governmental permits as may be necessary for the opening of streets. Meet any requirement other than those herein set forth which may affect the type, quality and manner of carrying on the restoration of surfaces by reason of jurisdiction of such governmental bodies. Section 02575 PAVEMENT REPAIR AND RESTORATION Page 2 of 4 B. In all cases, maintain, without additional compensation, all permanent replacement of street paving, done by him under this Contract until accepted by the OWNER, including the removal and replacement of such work wherever surface depressions or underlying cavities result from settlement of trench backfill. C. Complete all the final resurfacing or re- paving of streets or roads, over the excavations and relay paving surfaces of roadbed that have failed or been damaged prior to acceptance by the OWNER. Backfilling of trenches and the preparation of sub - grades shall conform to the requirements of Section 02223. D. All re- paving or resurfacing shall be done in accordance with Florida Department of Transportation Specifications, to which the following requirement of trench backfill will be added: Where pipeline construction crossed paved areas such as streets, the top 24 inches of trench below the road base or concrete slabs shall be backfilled with compacted A -4 or better matter that will provide a bearing value of not les than 75 when tested by the Florida Department of Transportation Soil Bearing Test Methods. 3.3 PRIME AND TACK COATS A. The work shall consist of the application of bituminous prime and tack coats on the previously prepared base course in accordance with Section 300 of the FDOT Specifications. 3.4 WEARING COURSE A. The work shall consist of the construction of plant -mixed hot bituminous pavement to the thickness indicated in the drawings conforming to Type III asphaltic concrete in accordance with Section 333 of the FDOT Specifications. The requirements for plant and equipment are specified in Section 320 and the general constriction requirements for asphaltic concrete pavement are contained in Section 330 of the FDOT specifications. 3.5 TESTING A. All field testing shall be performed by an independent laboratory employed by the OWNER. All materials shall be tested and certified by the producer. Tests repeated because sub -grade or base does not meet specified compaction shall be at the CONTRACTOR'S expense. Section 02575 PAVEMENT REPAIR AND RESTORATION Page 3 of 4 3.6 MISCELLANEOUS RESTORATION A. Sidewalks curt or damaged by construction shall be restored in full sections or blocks to a minimum thickness of four inches. Concrete curb or curb gutter shall be restored to the existing height and cross section in full sections or lengths between joints. Concrete shall be as specified on the drawings. Grassed yards, shoulders and parkways shall be restored to match the existing sections with grass seed or sod of a type matching the existing grass. 3.7 CLEANUP A. After all repair and restoration or paving has been completed, all excess asphalt, dirt, and other debris shall be removed from the roadways. All existing storm sewers and inlets shall be checked and cleaned of any construction debris. END OF SECTION Section 02575 PAVEMENT REPAIR AND RESTORATION Page 4 of 4 SECTION 02999 MISCELLANEOUS WORK AND CLEANUP PART1 GENERAL 1.1 SCOPE OF WORK A. This Section includes operations which cannot be specified in detail as separate items but can be sufficiently described as to the kind and extent of work involved. Furnish all labor, materials, equipment and incidentals to complete the work under this Section. B. The work of this Section includes, but is not limited to, the following: 1. Restoring of sidewalks, driveways, curbing and gutters. 2. Crossing utilities. 3. Relocation of existing water lines, low pressure, gas lines, telephone lines, electric lines, cable TV lines and storm drains as necessary, all as shown on the drawings. 4. Restoring easements and rights -of -way. 5. Cleaning up. 6. Incidental work. 1.2 WORK SPECIFIED UNDER OTHER SECTIONS A. All work shall be completed in a workmanlike manner by competent workmen in full compliance with all applicable sections of these Specifications. PART2 PRODUCTS 2.1 MATERIALS A. Materials required for this Section shall be of at least the same type and quality as materials that are to be restored. Where possible, reuse existing materials that are removed and then replaced, with the exception of paving. PART 3 EXECUTION 3.1 RESTORING OF CURBING, FENCES AND GUARD RAILS A. Existing curbing shall be protected. If necessary, curbing shall be removed from joint to joint and replaced after backfrlling. Curbing which Section 02999 MISCELLANEOUS WORK AND CLEANUP Pagel of 3 is damaged during construction shall be replaced with curing of equal quality and dimension. 3.2 CROSSING UTILITIES A. This item shall include any extra work required in crossing culverts, water courses, drains, water mains and other utilities, including all sheeting and bracing, extra excavation and backfill, or any other work required for the crossing, whether or not shown on the drawings. 3.3 RELOCATIONS OF EXISTING GAS LINES, TELEPHONE LINES, ELECTRIC LINES AND CABLE TV LINES A. Notify the property authority of the utility involved when relocation of these lines is required. Coordinate all work by the utility so that the progress of construction will not be hampered. 3.4 PROTECTION AND RESTORATION OF PROPERTY A. Protection and Restoration of Property: During the course of construction, take special care and provide adequate protection in order to minimize damage to vegetation, surfaced areas, and structures within the construction right -of -way, easement or site, and take full responsibility for the replacement or repair thereof. Immediately repair any damage to private property created by encroachment thereon. Should the removal or trimming of valuable trees, shrubs, or grass be required to facilitate the installation within the designated construction area, this work shall be done in cooperation with the county and /or local communities which the work takes place. Said valuable vegetation, removed or damaged, shall be replanted, if possible, or replaced by items of equal quality, and maintained until growth is re- established. Top soil damaged in the course of work shall be replaced in kind with suitable material, graded to match existing grade. Following construction completion, the work area along the route of the installation shall be finish grade to elevations compatible with the adjacent surface, with grassing or hand raking required within developed areas. B. Existing lawn surfaces damaged by construction shall be re- graded and re- sodded or re- seeded. These areas shall be maintained until all work under this Contract has been completed and accepted. 3.5 CLEANING UP A. Remove all construction material, excess excavation, buildings, equipment and other debris remaining on the job as a result of construction operations an shall render the site of the work in a neat and orderly condition. Section 02999 MISCELLANEOUS WORK AND CLEANUP Page 2 of 3 B. Work site clean-up shall follow construction operations without delay. 3.6 INCIDENTAL WORK A. Do all incidental work not otherwise specified, but obviously necessary for the proper completion of the Contract as specified and as shown on the drawings. END OF SECTION Section 02999 MISCELLANEOUS WORK AND CLEANUP Page 3 of 3 SECTION 03100 CONCRETE FORMWORK PART1 GENERAL 1.1 SUMMARY A. Section Includes: Provide concrete formwork for architectural concrete and structural concrete as specified to form concrete to profiles shown. I. Architectural concrete is defined as concrete for the following exposed reinforced concrete surfaces: a. Interior walls b. Exterior walls to 6 inches below finish grade C. Interior tank walls to 6 inches below normal operating water level d. Beams e. Columns f. Undersides of floor slabs, roof slabs and stairs B. Related Work Specified in Other Sections Includes: 1. Section 03200 — Concrete Reinforcement 2. Section 03250 — Concrete Accessories 3. Section 03310 — Cast -In -Place Concrete 1.2 REFERENCES A. Codes and standards referred to in this Section are: 1. ACI 318 — Building Code Requirements for Reinforced Concrete 2. ACI SP -4 — Formwork for Concrete 3. ACI 303R — Guide to Cast -in -Place Architectural Concrete 4. FDOT — Standard Specification for Road and Bridge Construction 1.3 SUBMITTALS A. Provide all submittals, including the following, as specified. 1. CONTRACTORS Shop Drawings: Proposed form layout drawings and tie pattern layout drawings for Concrete. Review of these drawings does not relieve the CONTRACTOR of responsibility for adequately designing and constructing forms. Section 03100 CONCRETE FORMWORK Page 1 of 7 2. Samples: Pieces of each type of sheeting, chamfer strips, form ties, form liners and rustication strips. 1.4 QUALITY ASSURANCE A. Formwork Compliance: Use formwork complying with ACI SP -4, ACI 347 and ACI 303R. B. Mock -Up Erection: Erect, on the site where directed, a full size mock -up of a cast -in -place wall or panel a minimum of 10 feet by 10 feet by 12 inches thick as shown. Conform mock -up to requirements of ACI 303R. 1. Reinforce the panel as shown. Use form ties the same as those approved and with the form tie pattern similar to that approved. Use one face of the panel for smooth architectural concrete including "reveal" rustication with form joints, and the opposite face for form liner concrete. 2. Plug the tie holes as specified to determine the correct mortar mixture to match the panel color. If required, remove and replace tie hole plugging mortar until an acceptable color match is obtained. After the sample panels have been approved, intentionally damage and patch portions of the finish surface of the panels for the purpose of determining the correct mixture for patching mortar and patching technique to match the original panel color and surface. 3. Leave the approved mock -up on the job during construction as the standard of workmanship for the project. Remove mock -up from the premises after completion of the work. PART2 PRODUCTS 2.1 MANUFACTURER A. Acceptable manufacturers are listed below. Other manufacturers of equivalent products may be submitted. 1. Release Agent Magic Kote VOC by Symons Corporation 2. Form coating A. C. Horn Corporation, Brooklyn, NY Section 03100 CONCRETE FORMWORK Page 2 of 7 3. Form liners Dura -Tex by Symons Corporation, Des Plains, IL 4. Rustications Symons Corporation, Des Plaines, IL 2.2 MATERIALS A. Structural Concrete: Provide structural concrete form materials as follows: 1. Obtain approval for form material before construction of the forms. 2. Use a barrier type form release agent. 3. Use form ties, hangers, and clamps of such type that, after removal of the forms, no metal will be closer than one inch from concrete surface. Wire ties will not be permitted. 4. Provide ties with swaged washers or other suitable devices to prevent seepage of moisture along the ties. Leave the ties in place. 5. Use lugs, cones, washers, or other devices which do not leave holes or depressions greater than 7/8 -inch in diameter. B. Architectural Concrete: Provide architectural concrete form materials as follows: 1. Construct forms using 1/4-inch thick, High Density Overlay (HDO) Plyform, Class 1 or 2, meeting the requirements of the American Plywood Association. Use surfacing materials having a minimum weight of 60 -60. 2. Use form coating, and use thinner as recommended by manufacturer of the form coating, to coat cut or raw edges. 3. Use she -bolts with water seals for form ties. 4. Use form liners having one inch deep relief, elastomeric Dura -Tex in a fractured rib pattern to match existing. Furnish form liners in full height with no horizontal joints, except where shown. Use wood for forms to be used with form liners. 5. Use elastomeric vertical "V- groove" rustication in the concrete bands and the horizontal rustication joints shown in the form liner concrete of the profile shown. Section 03100 CONCRETE FORMWORK Page 3 of 7 6. Use a barrier type VOC compliant form release agent. PART 3 EXECUTION 3.1 DESIGN A. Design Responsibility: Be responsible for the design, engineering and construction of the architectural concrete formwork and the structural concrete formwork. Conform the work to the recommendations of ACI SP -4 and ACI 303R. B. Setting Time and Slag Use: The presence of fly ash or ground granulated blast furnace slag in the concrete mix for architectural concrete and structural concrete will delay the setting time. Take this into consideration in the design and removal of the forms. C. Responsibility During Placement: Assume and take sole responsibility for adequate design of all form elements for support of the wet concrete mixtures specified and delivered. D. Consistency: Design forms to produce concrete members identical in shape, lines and dimensions to members shown. 3.2 CONSTRUCTION DETAILS FOR FORMWORK A. Structural Concrete Details: Follow the following details for all structural concrete: 1. Provide forms which are substantial, properly braced and tied together to maintain position and shape and to resist all pressures to which they may be subjected. Make forms sufficiently tight to prevent leakage of concrete. 2. Determine the size and spacing of studs and wales by the nature of the work and the height to which concrete is placed. Make forms adequate to produce true, smooth surfaces with not ore than 1/8- inch variation in either direction from a geometrical plane. Provide horizontal joints which are level, and vertical joints which are plumb. 3. Supply forms for repeated use in sufficient number to ensure the required rate of progress. 4. Thoroughly clean all forms before reuse and inspect forms immediately before concrete is placed. Remove deformed, broken, or defective forms from the work. Section 03100 CONCRETE FORMWORK Page 4 of 7 5. Provide temporary openings informs at convenient locations to facilitate cleaning and inspection. 6. Coat the entire inside surfaces of forms with a suitable form release agent just prior to placing concrete. Form release agent is not permitted on the reinforcing steel. 7. Assume and take responsibility for the adequacy of al forms and remedying any defects resulting from their use. B. Architectural Concrete Details: Follow the following details for all Architectural Concrete: 1. Conform all construction details for formwork to "Construction Details for Formwork," subsections Al, A2, A3, A4, A6 and A7 and the requirements of this section. 2. Thoroughly clean and lightly recoat HDO plywood panels before each additional use. Do not use forms more than three times. 3. Install form liners and rustication strips in strict accordance with the manufacturer's written instructions and recommendations. Clog the ends of the form liner pattern and tape all form joints and edges using 1/8 -inch thick by' /4 -inch wide foam tape centered on the joints, then caulk in accordance with the manufacturer's recommendations each tie forms are set. Have a representative of the manufacturer present at the site to supervise the installation of the form liner for the entire project. 4. Install forms for smooth concrete in such a manner that there will be no horizontal form joints, and align the forms so that vertical joints occur only at "V- Groove" rustications. Space form ties in a uniform pattern vertically and horizontally. Position form ties in smooth concrete bands and in panels between "revel" rustications, if any. 5. Erect beam and girder soffits with a camber of % -inch in 20 feet and sufficiently braced, shored, and wedged to prevent deflection. Clamp column sides in accordance with this specification with metal column clamps, spaced according to the manufacturer's directions. 6. Provide external angles of walls, beams, pilasters, columns, window openings and girders with' /4 -inch bevel strips. Section 03100 CONCRETE FORMWORK Page 5 of 7 3.3 7. Give surfaces of concrete panel forms one thinned coat of form film. 8. Apply the release agent in strict accordance with the manufacturer's instructions. 194501TAR-1 A. Structural Concrete Form Removal: Do not remove forms for structural concrete until the concrete has hardened sufficiently to support its own load safely, plus any superimposed load that might be placed thereon. Leave the forms in place for the minimum length of time indicated below or until the concrete has reached the minimum strength indicated as determined by testing, whichever time is reached first. 1. The times indicated represent cumulative days or hours, not necessarily consecutive, during which the air surrounding the concrete is above 50 degrees F. These times may be decreased if reshores are installed. 3. Withdraw the removable portion of form ties from the concrete immediately after the forms are removed. Clean and fill holes left by such ties with grout as specified in Cast -in -Place Concrete, Subsection Structural Concrete Surfaces. Section 03100 CONCRETE FORMWORK Page 6 of 7 Minimum Minimum Strength Time (psi) a. Columns 12 hrs. 1300 b. Columns 12 hrs. 1300 c. Side forms for girders and beams 12 hrs. 1300 d. Walls 12 hrs. 1300 e. Bottom forms of slabs Under 10 feet clear span 4 days 2300 10 to 20 feet clear span 7 days 2700 Over 20 feet clear span 10 days 2900 f. Bottom forms of beams and girders Under 10 feet clear span 10 to 20 feet clear span 7 days 2700 Over 20 feet clear span 14 days 3000 21 days 3500 2. Increase form removal times as required if concrete temperature following placement is permitted to drop below 50 degrees F or if fly ash or ground granulated blast furnace slag is used in the concrete mix. 3. Withdraw the removable portion of form ties from the concrete immediately after the forms are removed. Clean and fill holes left by such ties with grout as specified in Cast -in -Place Concrete, Subsection Structural Concrete Surfaces. Section 03100 CONCRETE FORMWORK Page 6 of 7 4. Plug tie holes flush with the surface using Portland cement mortar. Prewet tie holes with clean water and apply a neat cement slurry bond coat. Densely tamp mortar of a dry-tamp consistency into the tie holes exercising care so as not to smear mortar onto the finished concrete surface. Include sufficient white cement in the mortar mix to cause the plugged holes to blend in with the adjacent surfaces. Make sample patches with different mixes to assure that this requirement is met. B. Architectural Concrete Form Removal: Remove forms for architectural concrete in accordance with the above subsection 3.3 A, except that do not remove forms for vertical surfaces sooner than 12 hours nor longer than 36 hours after placement of concrete. 3.4 RESHORING A. Reshoring Method: Develop a system for reshoring and early removal of forms, in the event early stripping of forms becomes necessary. Include details and schedules in this system for each element which is to be reshored. B. Construction Load Support: Do not support construction loads upon any unshored portion of the structure exceeding the structural design loads. 3.5 TOLERANCES A. Tolerance Limits: Design, construct and maintain concrete form and place the concrete to provide completed concrete work within the tolerance limits set forth in ACI SP -4. 3.6 SURVEY OF FORMWORK A. Field Survey: Employ an engineer or surveyor to check by instrument survey the lines and levels of the completed formwork before concrete is placed and make whatever corrections or adjustments to the formwork are necessary to correct deviations from the specified tolerances. B. Placement Surveying Requirements: Check formwork during the placement of the concrete to verify that the forms, braces, tie rods, clamps anchor bolts, conduits, piping, and the like, have not been knocked out of the established line, level or cross section by concrete placement or equipment. END OF SECTION Section 03100 CONCRETE FORMWORK Page 7 of 7 SECTION 03200 CONCRETE REINFORCEMENT PART1 GENERAL 1.1 SUMMARY 1.2 A. Section Includes: Requirements for providing concrete reinforcement as shown and specified herein. Reinforcement includes all steel bars, wire and welded wire fabric as shown and specified. B. Related Work Specified in Other Sections Includes: a 1. Section 03100 — Concrete Formwork 2. Section 03310 — Cast -In -Place Concrete REFERENCES Codes and standards referred to in this Section are: 1. ACI SP66 2. ACI 318 3. ASTM A 185 4. ASTM A 615/A615M 5. ASTM A 706/A706M 6. ASTM A 775/A775M 7. AWS DIA 8. FDOT 1.3 SUBMITTALS - ACI Detailing Manual - Latest edition "Building Code Requirements for Reinforced Concrete" - Steel Welded Wire Fabric, Plan, for Concrete Reinforcement - Deformed and Plans Billet -Steel Bars for Concrete - Low Alloy Steel Deformed Bars for Concrete Reinforcement - Epoxy Coated Reinforcing Steel Bars - Structural Welding code — Reinforcing Steel - Florida Department of Transportation Standard Specification for Road and Bridge Construction A. Provide all submittals, including the following, as specified. Product Data and Information: Submit manufacturers literature with product data, and material description of fusion bonded epoxy coating for reinforcement and reinforcement accessories, including Section 03200 CONCRETE REINFORCEMENT Page I of 7 manufacturer's recommendations for field touch -up of mars and cut ends when epoxy coated reinforcement is specified to be used. 2. CONTRACTORS' Shop Drawings: Submit checked Working Drawings, including bar lists, schedules, bending details, placing details and placing plans and elevations for fabrication and placing reinforcing steel conforming to "ACI Detailing Manual — 88 ". a. Do no bill wall and slab reinforcing in sections. Show complete elevations of all walls and complete plans of all slabs, except that, when more than one wall or slab are identical, only one such elevation or plan is required. These plans and elevations need not be true views of the walls or slabs shown. Bill every reinforcing bar in a slab on a plan. Bill every reinforcing bar in a wall on an elevation. Take sections to clarify the arrangement of the steel reinforcement. Identify all bars, but do not bill on such sections. b. For all reinforcing bars, unless the location of a bar is clear, give the location of such bar or bars by a dimension to some structural feature which will be readily distinguishable at the time bars are placed. C. Make the reinforcing steel placing drawings complete for placing reinforcement including the location of support bars and chairs, without reference to the design drawings. d. Submit Detailer certification that every reinforcing steel lacing drawing and bar list is completely checked and corrected before submittal for approval. e. If, after reinforcing steel placing drawings and bar lists have been submitted for approval, a review reveals that the drawings and lists obviously have not been checked and corrected they will be returned for checking and correcting by the Detailer. 3. Samples: Submit the following samples when epoxy coated reinforcement is specified to be used. a. 12 -inch long epoxy- coated steel reinforcing bar, of any size typical to this Project. b. One of each type of epoxy- coated reinforcement accessory used on this Project. Section 03200 CONCRETE REINFORCEMENT Page 2 of 7 C. 12 -inch long, nylon coated tie wire. 4. Certificates: Test certificates of the chemical and physical properties covering each shipment of reinforcing steel bars. 1.4 DELIVERY, STORAGE AND HANDLING A. Deliver, store and handle all products and materials as specified as follows: 1. Delivery Requirement: Have reinforcing steel delivered to the work in strongly tied bundles. Identify each group of both bent and straight bars with a metal tag giving the identifying number corresponding to the reinforcing still placing drawings and bar lists. 2. Storage: Properly store all bars in an orderly manner, with all bars completely off the ground. Keep bars clean after delivery to the site of the work. PART PRODUCTS 2.1 MANUFACTURERS A. Acceptable manufacturers are listed below. Other manufacturers of equivalent products may be submitted. 1. Mechanical connections a. Dowel Bar Splicer/Dowel -In System and coupler Splice System of the Richmond Screw Anchor System b. Cadweld Rebar Splice by Erico Product Inc. C. Bar Grip splice by Barsplice Products Inc. 2.2 MATERIALS A. Steel Bars: Use new billet steel bars, deformed bars, meeting the requirements of ASTM A 615/A625M Grade 60 for reinforcing steel bars. 1. Roll all reinforcing steel bars with special deformations or identifying marks indicating the ASTM Specification and Grade Section 03200 CONCRETE REINFORCEMENT Page 3 of 7 2. Use bars free from defects, kinks and from bends that cannot be readily and fully straightened in the field. 3. Supply reinforcing bars in lengths which will allow convenient placement in the work and provide the required lap of joints as shown. Provide dowels of proper length, size and shape for tying walls, beams, floors, and the like together. B. Epoxy Coating: Conform fusion bonded epoxy coated reinforcing steel bars to ASTM A 775/A775M when used. Leave portions of the reinforcing steels bars uncoated where mechanical connections are shown. C. Welded Wire Fabric: Use welded wire fabric of the electrically welded type, with wires arranged in rectangular patterns, of the sizes shown or specified and meeting the requirements of ASTM A 185. D. Supports and Accessories: Provide bar supports and other accessories and, if necessary, additional supports to hold bars in proper position while concrete is being placed. Use side form spacers against vertical or sloping forms to maintain prescribed side cover and cross position of bars. 2. Use individual hi- chairs with welded cross ties or circular hoops to support top bars in slabs thicker than 8 inches. 3. Bolsters, chairs and other accessories: a. Use hot - dipped galvanized or provide plastic coated legs when in contact with forms for surfaces of concrete other than architectural surfaces. b. Use stainless steel when in contact with forms for architecturally exposed surfaces. C. Use epoxy coated bolsters, chairs and accessories including wire ties for epoxy coated reinforcing bars. d. Use chairs of an approved type and space them properly to support and hold reinforcing bars in position in all beams and slabs including slabs place directly on the subgrade or work mat. Do not use continuous hi- chairs for supporting of top bars in slabs over 8 inches in thickness. Section 03200 CONCRETE REINFORCEMENT Page 4 of 7 E. Mechanical Connections: Provide mechanical connections that develop at least 125 percent of the specified yield strength of the bar in tension. F. Stirrups and Ties: Provide stirrups and ties as shown and specified and meeting the requirements of ASTM A 185. 2.3 FABRICATION A. Drawing Review Prior to Fabrication: Do not fabricate any material before final review and approval of shop drawings. B. Bending and Cutting: Cut bars to required length and bend accurately before placing. Bend bars in the shop unless written approval for field bending is obtained. If field bending is permitted, do it only when the air temperature, where the bending operation is preformed, is above 30 degrees F. Do not field bend bars which have been partially embedded in concrete. C. Splices: Use lapped splices for tension and compression splices unless otherwise noted. D. Cleaning: Clean and bend reinforcement in accordance with ACI 315 and ACI 318. PART 3 EXECUTION 3.1 INSTALLATION A. Placement: Place all bars in accordance with CRSI "Recommended Practice for Placing Reinforcing Bars ". B. Tolerances: Place bars used for top reinforcement in slabs to a vertical tolerance of plus or minus '/o -inch. Place all other reinforcement to the tolerances given to ACI 318. C. Cleaning: Have reinforcing steel delivered without rust other than that accumulated during transportation to the work. At all times, fully protect reinforcing steel from moisture, grease, dirt, mortar and concrete. Before being placed in position, thoroughly clean reinforcing steel of all loose mil scale and rust and of any dirt, oil, grease coatings, or other material that might reduce the bond. If there is a delay in depositing concrete, inspect and satisfactorily clean the steel immediately before the concrete is placed. D. Bar Positioning: Place bars in the exact positions shown with the required spacing and cross wire bars securely in position at intersections to prevent Section 03200 CONCRETE REINFORCEMENT Page 5 of 7 displacement during the placing of the concrete. Fasten the bars with annealed wire of not less than 17 gauge or other approved devices. E. Bar Extension Beyond Formwork: On any section of the work where horizontal bars extend beyond the length of the forms, perforate the form or head against which the work ends or at the proper places to allow the bars to project through a distance at least equal to the lap specified. F. Unacceptable Materials: Do not place reinforcing steel with damaged, unsuitably bounded epoxy- coating or rusting. If approved, mars, exposed threads of mechanical connections and cut ends may be field coated with approved epoxy coating material. G. Review of Placement: Have reinforcing placement reviewed by the ENGINEER before concrete is placed. H. Welding — Not Approved: Do not use reinforcing bar assemblies made by welding of any kind, or accessories of any kind which require field welding to reinforcing bars. I. Welding — Approved: Where welding of reinforcing steel is shown, AWS DI A "Structural Welding Code — Reinforcing Steel' applies. J. Tensions and compression Lap Splices: Conform tension and compression lap splices to ACI 318 with all supplements. Avoid splices at appoints of maximum tensile stress wherever possible. Provide temperature bars with the clear spacing shown. Stagger all bar splices in hoop tension bars in circular tanks with not more than 50 percent of the bars spliced in any one direction. Have welded splices made by certified welders in accordance with AWS DI A. K. Welded Wire Fabric: Place welded wire fabric in the positions shown, specified or required to fit the work. Furnish and place suitable spacing chairs or supports, as specified for bars, to maintain the fabric in the correct location. Where a flat surface of fabric is required, provide flat sheets, when available. Otherwise reverse roll the fabric or otherwise straighten to make a perfectly flat surface before placing. Obtain approval for the length of laps not indicated. L. Concrete Cover: Place reinforcing steel and welded wire fabric and hold in position so that the concrete cover, as measured from the surface of the bar or wire to the surface of the concrete, is as shown or specified. END OF SECTION Section 03200 CONCRETE REINFORCEMENT Page 6 of 7 Section 03200 CONCRETE REINFORCEMENT Page 7 of 7 SECTION 03311 CONCRETE PART1 GENERAL 1.1 DESCRIPTION OF REQUIREMENTS A. The extent of concrete work is shown on the drawings 1.2 CODES AND STANDARDS A. ACI 347 "Recommended Practice for Concrete Formwork'; ACI 304 "Recommended Practice for Measuring, Mixing, Transporting, and Placing Concrete "; comply with applicable provisions. B. FDOT Standard Specification for Road and Bridge Construction C. Reference to standard specifications herein shall be construed as to be in reference to the latest revision or edition. 1.3 STORAGE A. Immediately upon receipt at the site, cement that is to be site mixed shall be stored in a dry, weather tight building, properly ventilated and with provisions for prevention of moisture absorption. B. Reinforcing shall be protected from the weather. PART2 PRODUCTS 2.1 CONCRETE MATERIALS A. Cement: Cement shall conform to standard specification for "Portland Cement", ASTM C150, Type I for slightly aggressive environments and Type I with fly ash or slag, Type II, Type IP, Type IP (MS) or Type II for Moderately Aggressive Environment (i.e., saltwateribrackish conditions). See FDOT Standard 346. B. Aggregate: Concrete aggregate shall conform to the current specifications for "Concrete Aggregate ", ASTM Designation C33. C. Water: Water used in mixing concrete shall be fresh, clean, and free from injurious amounts of oil, acid, alkali or organic matter. Section 03311 CONCRETE Page 1 of 6 D. Ready -Mix Concrete: Ready -mixed concrete may be used at the option of the CONTRACTOR provided that such concrete meets the requirements of these specifications and of ASTM Designation C94 for "Ready -Mixed Concrete ". E. High- Early- Strength Concrete: Concrete made with high - early- strength Portland cement shall be used only when specifically authorized by the ENGINEER. The 7 -day compressive strength of concrete made with high - early- strength cement shall be at least equal to the minimum 28 -day compressive strength specified. All provisions of these specifications shall be applicable to high - early- strength concrete except the cement shall conform to ASTM Designation C150, Type III. 2.2 RELATED MATERIALS A. Reinforcing: Deformed Reinforcing Bars, ASTM A615; Grade 60 unless otherwise indicated. B. Welded Wire Fabric: ASTM A185. C. Liquid Membrane - Forming curing Compound: ASTM C309, Type I. D. Form Materials: I. Provide form materials with sufficient stability to withstand pressure of placed concrete without bow or deflection. 2. Exposed Concrete Surfaces: Suitable material to suit project conditions. E. Waterstops: To be used in joints shall be #10 gage steel sheet, 4" wide, welded continuous through the joint, unless detailed otherwise. F. Chemical Floor Hardener: Colorless aqueous solution containing a blend of magnesium fluosilicate and zinc fluosilicate combined with a wetting agent, containing not less than 2 lbs. of fluosilictes per gallon. Apply to exposed concrete slabs not indicated or scheduled to receive subsequent finishes. 2.3 QUALITY A. Strength: The minimum 28 -day compressive strength of reinforced concrete shall be 4,000 psi, unless shown otherwise on the drawings. Section 03311 CONCRETE Page 2 of 6 1. Each cubic yard of 4,000 psi concrete shall contain no less than 517 lbs. of cement. The total water content per bag of cement shall not exceed 6.0 gallons. B. Strength: The minimum 28 -day compressive strength of non - reinforced concrete shall be 2,500 psi, unless shown otherwise on the drawings. Each cubic yard of 2,500 psi concrete shall contain no less than 440 lbs. of cement. The total water content per bag shall not exceed 7.5 gallons. C. Mix Proportions: All concrete materials shall be proportioned so as to produce a workable mixture with a slump between 2" and 4 ". D. Tests: 1. The CONTRACTOR shall provide, for test purposes, one set of three cylinders taken from each day's pour for each 50 cubic yards placed, whichever is least or as directed by the ENGINEER. The CONTRACTOR at his expense shall supply test samples and an independent testing laboratory at the CONTRACTOR's expense will make tests. Sampling and testing of concrete shall be made in accordance with ASTM C -143 and ASTM C -31. The standard age of test shall be at 7 days and 28 days; and, when approved by the ENGINEER, a 45 day test may be used. If the test strength of the cylinders fails below the minimum allowable compressive strength, the ENGINEER shall have the right to order the CONTRACTOR to remove and renew that day's pour of concrete or the CONTRACTOR shall accept such deductions in the final payment as the OWNER may deem reasonable. 2. Sampling and testing of concrete materials shall be made in accordance with ASTM Designations. The CONTRACTOR at this expense shall supply test samples, and an independent testing laboratory at the CONTRACTOR's expense shall make tests. The source from which concrete aggregates are to be obtained shall be selected by the CONTRACTOR well in advance of the time when they will be required in the work; and suitable samples, as they are to be used in the concrete, shall be furnished in advance of the tie when the placing of the concrete is expected to begin. PART 3 EXECUTION 3.1 FORMING AND PLACING CONCRETE Section 03311 CONCRETE Page 3 of 6 A. Formwork: Construct so that concrete members and structures are of correct size, shape, alignment, elevation and position, complying with ACI 347. Clean and adjust forms prior to concrete placement. Apply form release agents for wet forms, as required. Retighten forms during and after concrete placement if required to eliminate mortar leaks. 3.2 REINFORCEMENT A. Position, support and secure reinforcement against displacement. Locate and support with metal chairs, runners, bolsters, spacers and hangers, as required. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. B. Install welded wire fabric in lengths as long as possible, lapping at least one mesh. C. Installation of Embedded Items: Set and build into the work anchorage devices and other embedded items required for other work that is attached to, or supported by cast -in -place concrete. Use setting diagrams, templates and instructions provided by others for locating and setting. 3.3 CONCRETE PLACEMENT A. Comply with ACI 304, placing concrete in a continuous operation within planned joints or sections. Do not begin placement until work of other trades affecting concrete is completed. B. Consolidate placed concrete using mechanical vibrating equipment with hand rodding and tamping, so that concrete is worked around reinforcement and other embedded items and into all parts of the forms. C. Protect concrete from physical damage or reduced strength due to weather extremes during mixing, placement and curing. Concrete shall not be placed when the surrounding air temperature is below 40 °F. and dropping. I. In cold weather comply with ACI 306. 2. In hot weather comply with ACI 305. 3.4 CONCRETE FINISHES A. Nonslip Broom Finish: Apply nonslip broom finish to exterior concrete and sidewalks. Section 03311 CONCRETE Page 4 of 6 I . Immediately after trowel finishing, slightly roughen concrete surface by booming with fiber brittle broom perpendicular to main traffic route. Coordinate required final finish with the ENGINEER before application. 3.5 BONDING AND GROUTING A. Before depositing new concrete on or against concrete that has set, existing surfaces shall be thoroughly roughened and cleaned of glaze, foreign matter, and loose particles. An epoxy coating shall be applied for bonding the new concrete to the old. 3.6 CURING A. Concrete shall be kept continuously (not periodically) wet for a period of at least five consecutive days by covering with water or with an approved water saturated covering. Water for curing shall be clean and free from any elements, which might cause staining, or discoloration of the concrete surface. B. Sidewalks and floor slabs may be cured by spraying with a Membrane - Forming curing compound, applied as per manufacturer's recommendations. This material shall not be used on any interior slabs to which an applied finish is to be bonded. 3.7 PATCHING A. Any concrete which is not formed as shown on the drawings, or is out of alignment or level or shows a defective surface, shall be considered as not conforming with the intent of these specifications and shall be removed form the job by the CONTRACTOR at this expense, unless the ENGINEER grants permission to patch the defective area. This shall be done in accordance with the procedures above. Honeycomb consisting of /z" diameter holes or greater shall be considered a defective surface. Permission to patch any such area shall not be considered a waiver of the ENGINEER's right to require complete removal of the defective work if the patching does not, in his opinion, satisfactorily restore the quality of the concrete and appearance of the surface. B. As the forms are removed, fns, rough edges, and offsets shall be ground smooth. Holes to %2 ", slight honeycomb, and minor defects shall be wet and filled with a 1:2 mix of cement mortar, matching color of surrounding concrete, and then troweled to a uniform plane. As soon as they have been troweled, the patched areas shall be sprayed with a curing compound, which will not destroy future bonding properties. Three days after application of curing compound, the entire surface shall be finished by Section 03311 CONCRETE Page 5 of 6 wetting and applying a 1:2 mix of cement mortar with a cement brick. Using the brick, mortar shall be rubbed into pits or indentations and excess mortar rubbed off to provide a uniformly textured surface. When the surface has dried, all loose sand and dust shall be removed and the surface then hosed down with water. 3.8 TOLERANCES A. Tolerances for concrete work shall be in accordance with ACI 347. END OF SECTION Section 03311 CONCRETE Page 6 of 6 EXHIBIT K PERMITS The following Permits for the Project have already been obtained by Collier County or are the contractor's responsibility to obtain, as noted below. Copies of all obtained Permits shall be made available to the Contractor. It shall be the Contractors responsibility to read and understand all Permit and Permit Conditions. South Florida Water Management District (SFWMD) Noticed General Permit Right -Of -Way Permit - County Obtained 2. NPDES /FDEP Generic Stormwater Pollution Prevention Permit - County Obtained 3. Collier County Site Development Plan Insubstantial Change - County Obtained G- UOB \C -D \Collier Co. Contracts \CCU 44 \GGCP Boat Landing plan bid tech specs 09- 24 -07. doc �PtEft I� $.< SFWMD NOTICE GENERAL PERMIT NO. 13112 s. "tea Rev: 9/99 (NON- ASSIGNABLE) DATE ISSUED: July 31, 2007 AUTHORIZING: VEGETATION CLEARING AND CONSTRUCTION OF A BOAT RAMP /LANDING WITH SIDEWALKS WITHIN THE SOUTH RIGHT OF WAY OF THE GOLDEN GATE MAIN CANAL LOCATED APPROXIMATELY 2000' EAST OF THE CENTERLINE OF THE SANTA BARBARA BOULEVARD BRIDGE AT THE COUNTY'S "GOLDEN GATE COMMUNITY PARK ". LOCATED IN: COLLIER COUNTY, SECTION 33 TOWNSHIP 49S RANGE 26E ISSUED TO: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3300 SANTA BARBARA BOULEVARD NAPLES, FL 34116 Attention: CLINTON PERRYMAN This permit is issued pursuant to Application No. 07- 0706 -4 dated July 6, 7 and permittee's agreement to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, maintenance or use of the work or structure involved in the Permit. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. The permittee, by acceptance of this permit, hereby agrees that he /she shall promptly comply with all orders of the District and shall alter, repair or remove his /her use solely at his/her expense in a timely fashion. Permittee shall comply with all laws and rules administered by the District. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation, or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit is issued by the District as a revocable license to use or occupy District works or lands. It does not create any right or entitlement, either legal or equitable, to the continued use of the District works or lands. Since this permit conveys no right to the continued use of the District works or lands, the District is under no obligation to transfer this permit to any subsequent party. By acceptance of this permit, the permittee expressly acknowledges that the permittee bears all risk of loss as a result of revocation of this permit. WORK PROPOSED MUST BE COMPLETED ON OR BEFORE July 31, 2008. Otherwise, this permit is void and all rights thereunder are automatically canceled unless permittee applies for, in writing, a request for extension to the construction period and such request is received by the District on or before the expiration date and such request is granted, in writing, by the District. SPECIAL CONDITIONS (SPECIFIC PROJECT CONDITIONS) AND LIMITING CONDITIONS ON ATTACHED SHEETS ARE A PART OF THIS DOCUMENT. FILED ON- BY: / Ruth P. Clements, Director BY 7 t ri Land Acquisition and Land Management I D UTY CLERK South Florida Water Management District Return Receipt Requested /Certified No. 7003 3110 0004 9932 6943 C: Philip Jimenez Copy to: Q. Grady Minor, & Assoc., P.A. BIG CYPRESS BASIN / NAPLES SERVICE CENTER David W. Schmitt, P.E. (239) 597 -1505, Extension 7614 3800 Via Del Rey Bonita Springs, FL 34134 RECEIVED AUG 0 3 2007 Q. Grady Minor & Associates, P.A. a 40E -6.381 LIMITING CONDITIONS The District's authorization to utilize lands and other works constitutes a revocable license (including both notice general permits and standard permits). In consideration for receipt of that license, permittee shall agree to be bound by the following standard limiting conditions, which shall be included within all permits issued pursuant to this chapter: (1) All structures on District works or lands constructed by permittee shall remain the property of permittee, who shall be solely responsible for ensuring that such structures and other uses remain in good and safe condition. Permittees are advised that other federal, state and local safety standards may govern the occupancy and use of the District's lands and works. The District assumes no duty with regard to ensuring that such uses are so maintained and assumes no liability with regard to injuries caused to others by any such failure. (2) Permittee solely acknowledges and accepts the duty and all associated responsibilities to incorporate safety features, which meet applicable engineering practice and accepted industry standards, into the design, construction, operation and continued maintenance of the permitted facilities /authorized use This duty shall include, but not be limited to, permittee's consideration of the District's regulation and potential fluctuation, without notice, of water levels in canals and works, as well as the permittee's consideration of upgrades and modifications to the permitted facilities /authorized use which may be necessary to meet any future changes to applicable engineering practice and accepted industry standards. Permittee acknowledges that the District's review and issuance of this permit, including, but not limited to, any field inspections performed by the District, does not in any way consider or ensure that the permitted facilities /authorized use is planned, designed, engineered, constructed, or will be operated, maintained or modified so as to meet applicable engineering practice and accepted industry standards, or otherwise provide any safety protections. Permittee further acknowledges that any inquiries, discussions, or representations, whether verbal or written, by or with any District staff or representative during the permit review and issuance process, including, but not limited to, any field inspections, shall not in any way be relied upon by permittee as the District's assumption of any duty to incorporate safety features, as set forth above, and shall also not be relied upon by permittee in order to meet permittee's duty to incorporate safety features, as set forth above. (3) Permittee agrees to abide by all of the terms and conditions of this permit, including any representations made on the permit application and related documents. This permit shall be subject to the requirements of Chapter 373, F.S., and Chapter 40E -6, F.A.C., including all subsequent rule and criteria revisions. Permittee agrees to pay all removal and restoration costs, investigative costs, court costs and reasonable attorney's fees, including appeals, resulting from any action taken by the District to obtain compliance with the conditions of the permit or removal of the permitted use. If District legal action is taken by staff counsel, "reasonable attorney's fees' is understood to mean the fair market value of the services provided, based upon what a private attorney would charge. (4) This permit does not create any vested rights, and except for governmental entities and utilities, is revocable at will upon reasonable prior written notice. Permittee bears all risk of loss as to monies expended in furtherance of the permitted use. Upon revocation, the permittee shall promptly modify, relocate or remove the permitted use and properly restore the right of way to the District's satisfaction. In the event of failure to so comply within the specified time, the District may remove the permitted use and permittee shall be responsible for all removal and restoration costs. (5) This permit does not convey any property rights nor any rights or privileges other than those specified herein and this permit shall not, in any way, be construed as an abandonment or any other such impairment or disposition of the District's property rights. The District approves the permitted use only to the extent of its interest in the works of the District. Permittee shall obtain all other necessary federal, state, local, special district and private authorizations prior to the start of any construction or alteration authorized by the permit, Permittee shall comply with any more stringent conditions or provisions which may be set forth in other required permits or other authorizations. The District, however, assumes no duty to ensure that any such authorizations have been obtained or to protect the legal rights of the underlying fee owner, in those instances where the District owns less than fee. (6) Unless specifically prohibited or limited by statute, Permittee agrees to indemnify, defend and save the District (which used herein includes the District and its past, present and future employees, agents, representatives, officers and Governing Board members and any of their successors and assigns) from and against any and all lawsuits, actions, claims, demands, losses, expenses, costs, attorneys fees (including but not limited to the fair market value of the District's inhouse attorneys' fees based upon private attorneys' fees /rates), judgments and liabilities which arise from or may be related to the ownership, construction„ maintenance or operation of the permitted use or the possession, utilization, maintenance, occupancy or ingress and egress of the District's right of way which arise directly or indirectly and /or are caused in whole or in part by.the acts, omissions or negligence of the District or of third parties. Permittee - agrees to provide legal counsel acceptable to the District if requested for the defense of any such claims. (7) The District does not waive sovereign immunity in any respect. (8) The permittee shall not engage in any activity regarding the permitted use which interferes with the construction, alteration, maintenance or operation of the works of the District, including: (a) discharge of debris or aquatic weeds into the works of the District; (b) causing erosion or shoaling within the works of the District; (c) planting trees or shrubs or erecting structures which limit or prohibit access by District equipment and vehicles, except as may be authorized by the permit. Permittee shall be responsible for any costs incurred by the District resulting from any such interference, as set forth in (a), (b), and (c), above; (d) leaving construction or other debris on the District's right of way or waterway; (e) damaging District berms and levees; (a) the removal of District owned spoil material; (b) removal of or damage to District locks, gates, and fencing; 40E -6.381 LIMITING CONDITIONS (c) opening of District rights of way to unauthorized vehicular access; or (d) running or allowing livestock on the District's right of way. (9) The District is not responsible for any personal Injury or property damage which may directly or indirectly result from the use of water from the District's canal or any activities which may include use or contact with water from the District's canal, since the District periodically sprays its canals for aquatic weed control purposes and uses substances which may be harmful to human health or plant life. (10) Permittee shall allow the District to inspect the permitted use at any reasonable lime. (11) Pernittee shall allow, without charge or any interference, the District, its employees, agents, and contractors, to utilize the permitted facilities before, during and after construction for the purpose of conducting the District's, routine and emergency, canal operation, maintenance, and construction activities. To the extent there is any conflicting use, the District's use shall have priority over the permittee's use. (12) This permit is a non - exclusive revocable license. Permittee shall not interfere with any other existing or future permitted uses or facilities authorized by the District. (13) The District has the right to change, regulate, limit, schedule, or suspend discharges into, or withdrawals from, works of the District in accordance with criteria established by the Big Cypress Basin, the District, or the U. S. Army Corps of Engineers for the works of the District. (14) If the use involves the construction of facilities for a non exempt water withdrawal or surface water discharge, the applicant must apply for and obtain a water use or surface water management permit before or concurrently with any activities which may be conducted pursuant to the right of way occupancy permit. (15) The District shall notify the local ad valorem taxing authority of the lands affected by the permitted use, where the permittee owns the underlying fee and derives a substantial benefit from the permitted use. The taxing authority may reinstate such lands on the tax roll. Failure to pay all taxes in a timely manner shall result in permit revocation. Such permit revocation shall not alleviate the responsibility of the permittee to pay all taxes due and payable. (16) - Permittee shall provide prior written notice to their successors in title of the permit and its terms and conditions. (17) Permittee shall record a Notice of Permit through filing the appropriate notice agreed to by the District in the public records of the county or counties where the project is located and by providing the District with proof of filing or through an equivalent procedure. All costs associated with this requirement shall be the responsibility of the permittee. Governmental entities and utilities are not subject to this provision. (18) This permit is contingent upon compliance with the recording of the Notice of Permit. Failure to provide proof of the recording of the Notice of Permit will result in the permit becoming invalid on its own terms, the removal of any existing facilities within the right of way, restoration of the right of way to the District's satisfaction, at the permittee's expense, and the possible assessment of civil penalties. (19) Permittee shall be responsible for the repair or replacement of any existing facilities located within the District's right of way which are damaged as a result of the installation or maintenance of the authorized facility. (20) All obligations under the terms of this permit authorization and any subsequent modifications hereto shall be joint and several as to all owners. (21) It is the responsibility of the permittee to make prospective bidders aware of the terms and conditions of this permit. It shall be the responsibility of the permittee's contractors to understand the terms and conditions of this permit and govern themselves accordingly. (22) It is the responsibility of the permittee to bring to the attention of the District any conflict in the permit authorization or permit conditions in order that they may be resolved prior to the start of construction. In resolving such conflicts the District's determination will be final- Specific Authority 373.044, 373.113 F.S. Law Implemented Chapters 373.085(1), 373.086, 373.103, 373.109, 373.129, 373.1395, 373.603, 373.609, 373.613 F.S. History—New 9 -3 -81, Amended 5- 30 -82, 12- 29 -86, 12- 24 -91, 9 -15 -99 Formerly 16K- 5.01(2), 16K- 5.02(2), 16K- 5.03(2), 16K- 5.04(4), 16K -5.05, 40E- 6.381. 121; It. is the responsibility of the permittee to make prospective bidders aware of the terms am conditions of this permit. It shall be the responsibility of the permittee's contractors to understand the terms an( conditions of this permit and govern themselves accordingly. (22) It is the responsibility of the permittee to bring to the attention of the District any conflict in th4 permit authorization or permit conditions in order that they may be resolved prior to the start of construction. Ir resolving such conflicts the District's determination will be final. Specific Authority 373.044, 373.113 F.S. Law Implemented Chapters 373.085(1), 371086, 373.103, 373.109 373.129, 373.1395, 373.603, 373.609, 373.613 F.S. History—New 9 -3 -81, Amended 5- 30 -82, 12- 29 -86, 12- 24 -91, 9 15 -99 Formerly 16K- 5.01(2), 16K- 5.02(2), 16K- 5.03(2), 16K- 5.04(4), 16K -5.05, 40E- 6.381. Page 3 of 4 (SP -1) Ml in compliance with provisions of Chapter 373, Florida Statutes and Chapter 40E -6, Floridz Administrative Code, application is hereby made for a Right of Way Occupancy Standard Permit it accordance with support drawings, data and incidental information filed with this application and made a part of this application. I hereby certify that all information contained in or made a part hereof is true and correct to the best of my knowledge, that any permit issued shall require that the permitted use be constructed and operated in accordance with such information. further certify that I have read the Standard Limiting Conditions appearing on this application and understand that said conditions will be incorporated within any permit issued pursuant to the application, unless expressly waived by the Governing Board. I further acknowledge that the SFWMD may incorporate additional special conditions as may be necessary in the best interest of the District. In signing this application, 1 acknowledge that failure to comply with all conditions of this permit may result in permit revocation, financial assurance or bond forfeiture, and remedial action against me by the SFWMD. I assume full responsibility for the actions of all my employees, agents and persons, whether under direct contractual obligation to me or indirectly, with respect to compliance with the conditions and limitations contained within this application or within a permit issued as a result of this application. Mr.- Clinton Perryman Mr. f Applicant's "(print or type) Appl Applicant's Name (printfor type) Owner's Date Date Please be sure the following accompany the submittal of your application: Application Processing Fee (if applicable) Property /Boundary Survey /Metes and Bounds Description Drawings Describing the proposed use or facilities Copy of Building Permit (if applicable) Copy of SFWMD Water Use, Surface Water Management Permits, etc. (if Other Information Pertinent to the application Name (print or type) Signature JUL 6 2007 BCB SERVICE CENTER 1� P�1 U rCC9 V r1 L J ap 1 x 3]]M � L%L ']Nff 1v0 O •r1 U a ct F-4 Cf) rl Cz a ., t� +-1 v] U U) w w CD N C� O O � (d L� >1 o n O F U � O U C7 OCO J C O U U U) u0gInrd alu0id puV 2lwpurrl 11.00 Mrd XIIUOW W0J alrp u0p10LJ v mnr�.�'rnur rows La.vn E- �s Z a_ W G Lu < � m ZZZ¢ <�4uQ1i O W Q a<� o 0 O m m� , UPI— oa7o,"^' Q N WZ <Z< J w J O U Z W a Z X W Q J O g o Z a W UF- o U Q O U w to W LLJ cn CD m v mnr�.�'rnur rows La.vn 0 0 0 0 N O O o: M 2 D Z 0 Y Z 0 U K W J 0 U of v� S U � 0 a a a u: 11,x n'WV SEW-g LWi/L114 '6LN'^ -> M1JJ\ WW \bNUJ�59M4[0 \bbNJUI�A[3YO11d \9 F. 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N : z 16 %�' -cgs � n Ai K FG43 q ii6gi2 j O Y U U W z y _ U �S d Sd i :e0 E sy�y .M� �h• gb w 0 lad N V -WV S1:L5.8 LOOLICL/( 3t u STAFF REPORT DISTRIBUTION LIST GOLDEN GATE COMMUNITY PARK PICNIC PAVILION AND BOAT LANDING Application No: 070706 -18 Permit No: 11- 02725 -P INTERNAL DISTRIBUTION • Pierre Fortunat - 2261 • William Foley, P.E. - 2261 • Edward Cronyn - 2261 X C. Tears - 6862 X ERC Engineering - 6861 X ERC Environmental - 6861 • Fort Myers Backup File - 6861 • Permit File EXTERNAL DISTRIBUTION X Permittee - Collier County Board Of County Commissioners X Agent - O Grady Minor And Associates P A GOVERNMENT AGENCIES X Collier County - Agricultural Agent X Collier County Engineer Engineering Review Services X Div of Recreation and Park - District 4 - FDEP X FDEP X Florida Fish & Wildlife Conservation Commission - Imperiled Species Mgmt Section OTHER INTERESTED PARTIES X Audubon of Florida - Charles Lee X S.W.F.R.P.C. RECEIVED AUG 0 2 2007 Q. Grady Minor & Associates, P.A. STAFF REPORT DISTRIBUTION LIST ADDRESSES O Grady Minor And Associates P A 3800 Via Del Rey Bonita Springs FL 34134 -7569 Collier County - Agricultural Agent 14700 Immokalee Road Naples FL 34120 -1468 Div of Recreation and Park - District 4 - FDEP 1843 South Tamiami Trail Osprey FL 34229 Florida Fish & Wildlife Conservation Commission - Imperiled Species Mgmt Section 620 South Meridian Street Tallahassee FL 32399 -6000 Audubon of Florida - Charles Lee 1101 Audubon Way Maitland FL 32751 Collier County Board Of County Commissioners Attn Coastal Zone Management Department 3301 E Tamiami Tr Naples FL 34112 Collier County Engineer Engineering Review Services 3301 Tamiami Trail Naples FL 34112 FDEP 2295 Victoria Avenue Fort Myers FL 33901 S.W.F.R.P.C. 1926 Victoria Avenue Fort Myers FL 33917 Application No: 070 706 -1 8 Page 2 of 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE 0 NOTICED GENERAL PERMIT NO. 11- 02725 -P DATE ISSUED:August 1, 2007 Form #0941 08/95 PERMITTEE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTN COASTAL ZONE MANAGEMENT DEPARTMENT 3301 E TAMIAMI TR NAPLES, FL 34112 PROJECT DESCRIPTION: Construction and operation of a surface water management system to serve a 1.0 acre project known as Golden Gate Community Park Picnic Pavilion and Boat Landing. The Collier County Coastal Management Department and Parks and Recreation Department propose to constuct a 24 foot boat landing into the Golden Gate Canal to service small craft, and a picnic pavilion adjacent to an existing building. PROJECT LOCATION: PERMIT DURATION: COLLIER COUNTY, SEC 33 TWP 49S RGE 26E Five years from the date issued to complete construction of the surface water management system as authorized herein. See attached Rule 40E- 4.321, Florida Administrative Code. This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 070706 -18, dated July 6, 2007. This action is taken pursuant to Rule 40E -1.603 and Chapter 40E -40 and 40E -400, Florida Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this project subject to: Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing. 2. the attached 13 General Conditions (See Pages : 2 - 3 of 3) and 3. the attached 2 Exhibit(s) Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights; we will assume that you concur with the District's action. CERTIFICATE OF SERVIC9 I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the attached distribution list) no later than 5:00 p.m. on this 1st day of August, 2007, in accordance with Section 120.60(3), F a Statutes�U BY: Edward Cronyn Sr Supv Environmental Analyst Collier County Service Center Certified mail number 7005 1160 0001 6703 3110 Page 1 of 3 NOTICE OF RIGHTS As required by Sections 120.569(1) and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing and/or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Right to Request Administrative Hearing A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569, 120..57, and 120.60(3), Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision in accordance with Rule 28- 106.111, Fla. Admin. Code. Any person who receives written notice of a District decision and fails to file a written request for hearing within 21 days waives the right to request a hearing on that decision as provided by Subsection 28- 106.111(4), Fla. Admin. Code. The Petition must be filed at the Office of the District Clerk of the SFWMD, 3301 Gun Club Road, P.O. Box 24680, West Palm Beach, Florida, 33416, and must comply with the requirements of Rule 28- 106.104, Fla. Admin. Code. Filings with the District Clerk may be made by mail, hand - delivery or facsimile. Filings by e-mail will not be accepted. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Pursuant to Rule 28- 106.104, Fla. Admin. Code, any document received by the office of the District Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Filings made by mail must include the original and one copy and must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. ® Filings by hand - delivery must also include the original and one copy of the petition. Delivery of a petition to the District's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the District's security officer to contact the Clerk's office. An employee of the District's Clerk's office will file the petition and return the extra copy reflecting the date and time of filing. ® Filings by facsimile must be transmitted to the District Clerk's Office at (561) 682 -6010. Pursuant to Subsections 28- 106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the District Clerk receives the complete document. Rev. 9/12/06 1 The following provisions may be applicable to SFWMD actions in combination with the applicable Uniform Rules of Procedure (Subsections 40E- 0.109(1)(a) and 40E- 1.511(l)(a), Fla. Admin. Code): (1)(a) "Receipt of written notice of agency decision" as set forth in Rule 28- 106.111, Fla. Admin. Code, means receipt of either written notice through mail or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. (b) If notice is published pursuant to Chapter 40E -1, F.A.C., publication shall constitute constructive notice to all persons. Until notice is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless actual notice is received. (2) If the District's Governing Board takes action which substantially differs from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28- 106111, Fla. Admin. Code, unless otherwise provided by law. The District Governing Board's action is considered to substantially differ from the notice of intended agency decision when the potential impact on water resources has changed. (3) Notwithstanding the timeline in Rule 28- 106.111, Fla. Admin. Code, intended agency decisions or agency decisions regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands pursuant to Section 373.427, Fla. Stat., shall provide a 14 day point of entry to file petitions for administrative hearing. Hearings Involving Disputed Issues of Material Fact The procedure for hearings involving disputed issues of material fact is set forth in Subsection 120.57(1), Fla. Stat., and Rules 28- 106.201 -.217, Fla, Admin. Code. Petitions involving disputed issues of material fact shall be filed in accordance with Rule 28- 106.104, Fla. Admin. Code, and must comply with the requirements set forth in Rule 28- 106.201, Fla. Admin. Code. Hearings Not Involving Disputed Issues of Material Fact The procedure for hearings not involving disputed issues of material fact is set forth in Subsection 120.57(2), Fla. Stat, and Rules 28- 106.301 -.307, Fla. Admin. Code. Petitions not involving disputed issues of material fact shall be filed in accordance with Rule 28- 106.104, Fla. Admin. Code, and must comply with the requirements set forth in Rule 28- 106.301, Fla. Admin, Code. Mediation As an alternative remedy under Sections 120.569 and 120.57, Fla. Stat., any person whose substantial interests are or may be affected by the SFWIMD's action may choose to pursue mediation. The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28- 106.111 and 28- 106.401 -.405, Fla. Admin. Code. Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. DISTRICT COURT OF APPEAL Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev. 9/12/06 2 Application No.: 070706 -18 Page 2 of 3 GENERAL CONDITIONS 1. The terms, conditions, requirements, limitations, and restrictions set forth in this section are general permit conditions, and shall be applicable to, and are binding upon the permittee for all No Notice and Noticed General Permits in this Chapter. These conditions are enforceable under Part IV of Chapter 373, F.S.. 2. The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. A violation of the permit is a suspension or revocation of the permittee's right to conduct such activity under the general permit. The District may begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions. 3. This general permit does not eliminate the necessity to obtain any required federal, State, local and special District authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit. This general 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 general permit and this Chapter. 4. This general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution in contravention of Florida statutes and District rules. 5. The permittee is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permitee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state owned lands. 6. The general permit may be modified, suspended or revoked in accordance with Chapter 120, and Section 373.429, F.S. 7. This permit shall not be transferred to a third party except pursuant to Section 40E- 4.351, F.A.C. The permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. 8. Upon reasonable notice to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to insure conformity with the plans and specifications approved by the permit. 9. The permittee shall maintain any permitted system in accordance with the plans submitted to the District. 10. A permittee's right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of 5 years. 11. Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be conducted in a manner which does not cause violations of State water quality standards, including any antidegradation provisions of Section 62- 4.242(1)(a) and (b), 62- 4.242(2) and (3), and 62- 302.300, F.A.C., and any special standards for outstanding Florida waters and outstanding national resource waters. The permittee shall implement best management practices for erosion, turbidity, and other pollution control to prevent violation of the State water quality standards. Temporary erosion control measures such as sodding, and seeding shall be implemented and shall be maintained on all erodible ground areas prior to and during construction. Permanent erosion control measures such as sodding and Application No.: 070706 -18 Page 3 of 3 GENERAL CONDITIONS planting of wetland species shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into wetlands and other surface waters exists due to the permitted activity. Turbidity barriers shall remain in place and shall be maintained in a functional condition at all locations until construction is completed and soils are stabilized and vegetation has been established. 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. 12. The permittee shall hold and save the District 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 the general permit. 13. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. PYHIRIT 1-o DTHE ftlMiRY ELV! N 12 ] 8 9 10 PINE RIDGE ROAD s 6 @3 13 18 17 16 15 y`@ D 6 e 24 19 q 20 21 22 1 y GOLDEN GATE GOL EN GATE PARKWAY 29 28 25 30 Iddir 2] f33 si 36 31 32 RA 10 ROAD 34 I t 6 0 1 fAOfE COIF Fa1INIRY Ala OaASSY 5 EDCOS OAf 5 CPNMY�'E CQF L'� 4 3 s W1RI1R'! Ala COAfiRY Ala 6 > YLONDOO LN23 rr DAVIS ILVO FALLING M1f1Ci o° < J KINos < N LAKE V, 2 8 9 10 OLA'ES ,. RNITTAKER ROAD OUEENS PARK RIVIERA o CA F ° 110YAL fOOD 14 13 18 FSTAIEC 16 15 FLORIDA 1] C�Dim � SPORTS PARK PARK COtAINIT Ala 4 6 T D A YOM OK RATTLESNAKE HAMMOCK RD 41 IFLY LELY MY ESGTfS COIN1lY Ala 24 19 20 21 22 23 Lys O A EOISION OWFER/DEVELO DESIGNED BY, J.S.E ADY MINOR AND ASSOCIATES, P.A GOLDEN GATE COMMUNITY PARK COIJ.IQt COUNTY DIU1N BY S.A.D. ENGINEERS .NAND SURVEYORS . PLANNERS APPROVED. D.W.S. 3301 TomhNni TYDR SI00 VIA DEL MY Lon" 11 NOOK. 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Rig |. ;. � gw (( z, / |� ! \ ) _ \ j(§ j »&�| LL , k \§'�. / .k � ! ! ] - WO � � � X LU N s1 R� A� p�yq r tl 0`9 g 1� �3e lJ i t 0 i ge P,i h 01ZIt r J � 1 a y l L _- 2 rim 3n'v xamoa •y, 99 9 S 6 � INN$i�ii Z W U U o� n� Ell 3W3as &ap y r d qg� 9 �T i W z,s g�g. 7 y ae� 1 a .e ®pPF e€ 1j;q 2X qq E e �: 1 I g g a 8g69 p F c A fe�ee� — � k r � E 3W3as &ap y r d qg� 9 �T i W DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS FORT MYERS REGULATORY OFFICE 1520 ROYAL PALM SQUARE BLVD., SUITE 310 FORT MYERS, FLORIDA 33919 REPLY TO ATTENTION OF AUG U 1 2007 Regulatory Division South Permits Branch/West Permits Section SAJ- 2007- 4227(N W -LB D) Collier County RECEIVED Board of County Commissioners 3300 Santa Barbara Blvd. AUG 0 2 2007 Naples, Florida 34116 Q. Grady Minor Gentlemen: & Associates, P.A Your application for a Department of the Army permit received on 13 July 2007 has been assigned number SAJ- 2007- 4227(NW -LBD). A review of the information and drawings provided shows the proposed work is to construct a 24 -foot by 84 -foot boat ramp with 110 linear feet of seawall within Golden Gate Main Canal. The project is located in Golden Gate Community Park at 3300 Santa Barbara Boulevard, in Section 33, Township 49 South, Range 26 East, Naples, Collier County, Florida. Your proiect, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 36. In addition, proiect specific conditions have been enclosed. This verification is valid until August 1, 2009. Please access the U.S. Army Corps of Engineers' Jacksonville District's Regulatory web address at http: / /www.saj.usace.army.mil/ regulatory/permitting /nwp /nwp.htm to access web links to view the Final Nationwide Permits, Federal Register Vol. 72, dated March 12, 2007, the Corrections to the Final Nationwide Permits, Federal Register 72, May 8, 2007, and the List of Regional Conditions. These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP 36. Additionally, enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations. You must comply with all of the special and general conditions and any proiect specific condition of this authorization or you may be subject to enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re- verification may be required. The following special conditions are included with this verification: Within 60 days of completion of the work authorized, the attached "Self- Certification Statement of Compliance" must be completed and submitted to the U.S. Army Corps of Engineers. Mail the completed form to the Regulatory Division, Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232 -0019. 2. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. SAJ- 2007- 4227(N W -L B D ) Golden Gate Ramp Page 2 Prior to the start of work, the Permittee or other party on the Permittee's behalf, shall conduct a search in the National Register Information System (NRIS). Information can be found at; http: / /www.cr.nps.gov /nr /research /nris.htm. Information on properties eligible for inclusion in the National Register can be identified by contacting the Florida Master File Office by email at fmsfile @dos.state.fl.us or by telephone at 850 - 245 -6440. If unexpected cultural resources are encountered at any time within the project area that was not the subject of a previous cultural resource assessment survey, work should cease in the immediate vicinity of such discoveries. The permittee, or other party, should notify the SHPO immediately, as well as the appropriate Army Corps of Engineers office. After such notifications, project activities should not resume without verbal and /or written authorization from the SHPO. If unmarked human remains are encountered, all work shall stop immediately, and the proper authorities notified in accordance with Section 872.05, Florida Statutes, unless on Federal lands. After such notifications, project activities on non - Federal lands shall not resume without verbal and /or written authorization from the Florida State Archaeologist for finds under his or her jurisdiction. 3. Removal of any weir(s) or water control structure(s), thereby connecting this portion of Golden Gate Main Canal to tidal waters, is not authorized by this permit and will require separate DA authorization including evaluation for potential impacts to endangered and threatened species. This letter of authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. In Florida, projects qualifying for this NWP must be authorized under Part IV of Chapter 373 by the Department of Environmental Protection, a water management district under §. 373.069, F.S., or a local government with delegated authority under §. 373.441, F.S., and receive Water Quality Certification (WQC) and Coastal Zone Consistency Concurrence (CZCC) (or a waiver), as well as any authorizations required by the State for the use of sovereignty submerged lands. You should check State - permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. This letter does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact SAJ- 2007- 4227(N W -LB D) Golden Gate Ramp Page 3 Lauren Diaz by telephone at 239 - 334 -1975 extension 31 or by email at Lauren. B. Diaz @saj02.usace.army.mi1. This letter contains an approved jurisdictional determination. Enclosed you will find the approved jurisdictional determination form and a Notification of Appeal Process fact sheet and Request for Appeal (RFA) form. If you object to this determination, you may request an administrative appeal under Corps' regulations at 33 CFR Part 331. If you request to appeal this determination, you must submit a completed RFA form to the South Atlantic Division Office at the following address: Mr. Michael F. Bell South Atlantic Division U.S. Army Corps of Engineers CESAD- CM -CO -R, Room 10M15 60 Forsyth St., SW. Atlanta, Georgia 30303 -8801. Mr. Bell can be reached by telephone number at 404 -562 -5137, or by facsimile at 404 -562- 5138. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the Division office within 60 days of the date of the RFA. Should you decide to submit an RFA form, it must be received at the above address by 30 September 2007. Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit the following link and complete our automated Customer Service Survey: http: / /www.saj.usace. army.mil/ permit /forms /customer_service.htm. Your input is appreciated — favorable or otherwise. Sincerely, ORIGINAL SIGNED Project Manager Enclosures Copies Furnished: Q. Grady Minor & Associates, Inc. CESAJ -RD -PE GENERAL CONDITIONS 33 CFR PART 320 -330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 The time limit for completing the work authorized ends on date identified in the letter. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. SELF - CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: NW -36 Application Number: SAJ- 2007- 4227(NW -LBD) Permittee's Name & Address (please print or type): Telephone Number: Location of the Work: Date Work Started: Date Work Completed: Description of the Work (e.g., bank stabilization, residential or commercial filling, docks, dredging, etc.): Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). ture of Permittee Date DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ- 2007- 4227(NW -LBD) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, FL 32232- 0019. 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C)F- , Z -az x ol < 0 < N W (r 0 x 0 --1 0 ji 7 0 Cf) < of „I E ITEM NO.: FILE NO.: ROUTED TO: DATE RECEIVED: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: February 28, 2008 To: Robert Zachary Assistant County A e From: Scott D. Johnson Purchasing Agent ©�81 � -3 Re: Contract 908 -5028 "Golden Gate Community Park Boat Ramp" Contractor: Quality Enterprises USA, Inc. BACKGROUND OF REQUEST: 'This contract was approved by the BCC on February 12, 2008 Agenda Item: 16.D.26 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: f� '' 3`. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 3Mo �, � 3-�