#09-0540R (Dave Foote Environmental Const.)
Old US 41 Stormwater Improvements
COLLIER COUNTY BID NO. 09-5040R
COLLIER COUNTY, FLORIDA
Design Professional:
Q. Grady Minor
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
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TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT 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: Old US 41 Stormwater Improvements
as shown on Plan Sheets 1 through 18.
EXHIBIT N: Contractor's List of Key Personnel
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PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Old US 41 Stormwater Improvements
COUNTY BID NO. 09-5040R
Separate sealed bids for the construction of Old US 41 Stormwater Improvements,
addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier
County Government Complex, 3301 Tamiami Trail East, Purchasing Building,
Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the
22nd day of December 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 1 0:00 a.m. LOCAL TIME on the 1 Oth
day of December 2008, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Old US 41 Stormwater Improvements, Bid No. 09-
5040R and Bid Date of December 22, 2008. No bid shall be considered unless it is
made on an unaltered Bid form which is included in the Bidding Documents. The Bid
Schedule (GC-P-1 through GC-P-14) shall be removed from the Bidding Documents
prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E-Procurement website: www.collierqov.netlbid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
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
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and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred and 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 22 day of November, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell. C.P.M.
Purchasing and GenerC}1 Services Director
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PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-14 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shan be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
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location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit 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. RiQht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
Section 5. SiQninQ of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
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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
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.
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8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
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
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conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Board of County Commissioners has adopted a Local Preference "Right to
Match" policy to enhance the opportunities of Collier County business to receive
awards.
A "local business" is defined as a Collier County business that has a valid occupational
license issued by Collier County at least one year prior to bid or proposal submission to
do business within Collier County that authorizes the business to provide the
commodities or services to be purchased, and a physical business address located
within the limits of Collier County from which the vendor operates or performs business.
Post Office Boxes are not verifiable and shall not by used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and
well-being of Collier County in a verifiable and measurable way. This may include, but
not be limited to, the retention and expansion of employment opportunities, the support
and increase to the County's tax base, and residency of employees and principals of the
business within Collier County. Vendors shall affirm in writing their compliance with the
foregoing at the time of submitting their bid or proposal to be eligible for consideration
as a "local business" under this section.
When a qualified and responsive, non-local business submits the lowest price bid, and
the bid submitted by one or more qualified and responsive local businesses is within ten
percent (10%) of the price submitted by the non-local business, then the local business
with the apparent lowest bid offer (Le.; the lowest local bidder) shall have the
opportunity to submit, an offer to match the price(s) offered by the overall lowest,
qualified and responsive bidder. In such instances, staff shall first verify if the lowest
non-local bidder and the lowest local bidder are in fact qualified and responsive bidders.
Next, the Purchasing Department shall determine if the lowest local bidder meets the
requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements
of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to
submit a matching offer to the Purchasing Department which shall be submitted to the
Purchasing Department within five (5) business days thereafter. If the lowest local
bidder submits an offer that fully matches the lowest bid from the lowest non-local
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bidder tendered previously, then award shall be made to the local bidder. If the lowest
local bidder declines or is unable to match the lowest non local bid price(s), than award
will be made to the lowest overall qualified and responsive bidder. If the lowest local
bidder does not meet the requirement of Section 287.087 F.S. and the lowest non-local
bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
Bidder must complete and submit with their proposal response, the Affidavit for
Claiming Status as a Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their proposal response will
preclude said Bidder from being considered for preference on this solicitation.
A vendor who misrepresents the Local Preference status of its firm in a bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to
one year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to solicitation
requirements.
12.3 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.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
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Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
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Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public 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."
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.~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239)252-8446
FAX (239) 252-6697
www.colliergov.net/purchasing
16B
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ADDENDUM
DATE:
December 17, 2008
TO: Interested Bidders
FRO~ Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum # 2, Bid #09-5040R - Old US 41 Stormwater Improvements
Addendum #2 covers the following change for the above-referenced solicitation:
CLARIFICATION:
1}: Rip Rap Blanket -- An approved filter fabric shall be utilized under all rip-rap areas
except where the presence of standing water precludes its use.
61: Channel Realignment/Construction -- It is intended not to bring any fill material to
the site (with exception of special materials required for pipe backfill, pavement
restoration, etc). Where possible any excess material will be utilized on site to raise
shoulder areas and water management berms. (Unless Contractor has the desire and
ability to remove the excess material).
,!l: Bid Alternate -- This Bid Alternate is for the additional sodding of the Right-of-Way
in lieu of hydro-seeding. The base bid is for hydro-seeding the entire width of the north
side of the Right-of-Way with exception of a 3' strip of sod adjacent to paved areas and
rip-rap areas. Under the Bid Alternate all areas with exception of the ditch bottom,
paved area and rip-rapped area shall be sodded. Note that the 3' strip of sod included
in the base bid shall remain.
Attached is the bid tab from the prior bid.
If you require additional information please call me at 239/252-8446 or bye-mail at
BrendaBrilhart@collierqov.net.
cc: Val Prince, Project Manager
Ii.
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~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252-8446
FAX (239) 252-6697
www.colliergov.netlpu rchasing
168
6
ADDENDUM
DATE: December 2,2008
TO: Interested Bidders
FRO~ Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum # 1, Bid #09-5040R - Old US 41 Stormwater Improvements
Addendum #1 covers the following change for the above-referenced solicitation:
CHANGE: On November 25, 2008, Lee County approved a reciprocal agreement with
Collier County to allow for Lee County businesses to be eligible for Local Vendor
Preference (L VP). Any Lee County businesses that hold an occupational license within
Collier County, and meet the other LVP requirements (see Affidavit in bid package),
may be considered a local vendor.
;,.1:,
If you require additional information pleas~' call me at 239/252-8446 or bye-mail at
Brenda Sri I hart@collierqov.net.
cc: Val Prince, Project Manager
::.
16B '6
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Old US 41 Stormwater Improvements
BID NO. 09-5040R
Full Name of Bidde~ '"Do.\le \not~ Er\\I\(O(\('(\e[\-\-Q\ ton*lAC-t\Of\. rf\c.
Main Business Address LaD~ \ ~(eex"\ tJnt(l( \11.( m-:l 'Qd. \='.\.. m~e(~ I r L 'D''t/105
Place of Business~4 (y+n~. W. Leh\~h Al.RS I f<L ~~q-l\
Telephone No. d3C\~ 3loC1- Lo\~U Fax No.<93Q- '30Q-751l.P
State Contractor's License # (LtC- 1~L{4Lj'1
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, i~cluding 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
. Proj. Mgr.: Val Prince
. BID # 09-5040R
Old US 41 Storrnwater Improvements
168
6
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
1 Mobilization/Demobilization 1 LS 32538.22 $32,538.22
2 Stormwater Pollution Plan 1 LS 14575.22 $14,575.22
3 Maintenance of Traffic 1 LS 10349.75 $10,349.75
4 Project Signs 2 EA 561.45 $1,122.90
5 Clearing & Grubbing 12 ACRE 1965.07 $23,580.84
6 Temp/Perm Utility Relocation Sterling Oaks Water Main 1 EA 9802.14 $9,802.14
7 Temp/Perm Utility Relocation Sterling Oaks Force Main 1 EA 5458.23 $5,458.23
8 Utility Main Concrete Encasement Pad 6" Main 70 IF 12.92 $904.40
9 Utility Main Concrete Encasement Pad 8" Main 70 LF 12.92 $904.40
10 Traffic Sign Removal/Reinstallation 1 lS 2283.97 $2,283.97
11 30" Culvert Removal 460 LF 15.61 $7,180.60
12 36" x 60" Culvert Removal 100 LF 21.4 $2,140.00
13 12 x 18 Culvert Cleaning 50 LF 22.46 $1,123.00
14 24" Culvert Cleaning 320 LF 11.23 $3,593.60
15 Ditch Inlet, Type C (With MES Removal) 1 EA 1076.74 $1,076.74
16 Ditch Inlet, Type C (With Flume Curb) 1 EA 2046.81 $2,046.81
17 Miter End, Existing 24" 1 EA 449.98 $449.98
18 Miter End, Triple 36" 6 EA 4553.15 $27,318.90
19 FOOT Headwall 18" 1 EA 898.2 $898.20
20 36" RCP Culvert 996 LF 74.17 $73,873.32
21 18" RCP Culvert 40 LF 27.36 $1,094.40
22 Valley Gutter 30 LF 51.03 $1,530.90
23 Rip Rap Blanket with Fabric 5835 SY 23.34 $136,188.90
24 Channel Realignment/Construction 6160 IF 20.74 $127,758.40
25 Clear/Regrade Sta. 2+00 (South) 1 LS 12359.77 $12,359.77
26 Drainage Swale Regrade 45 LF 15.7 $706.50
27 Guardrail (with Misc. Asphalt) 1025 IF 32.55 $33,363.75
28 Guardrail End Treatment Flared 2 EA 3368.7 $6,737.40
29 Guardrail End Treatment CRT 6 EA 3480.99 $20,885.94
30 Sodding (Edge of Pavement) 2300 SY 1.52 $3,496.00
31 Hydroseeding 10 ACRE 1711.86 $17,118.60
32 Asphalt Pavement Overlay 900 SY 13.38 $12,042.00
33 Gravel Access Road Restoration 165 SY 12.69 $2,093.85
TOTAL BASE BID , $596,597.6~
i~l\C\ k)~
~.
l)O-.\J\cl G:1. }Cote
c 1. \ (' "\"\'S-tH.'\li-iO{\ \ ..1-(\C
l1:\\Je 1Uote. L.-\\\j i{o(\ ffieX\lO-. 1..--.;
168 6
MATERIAL MANUFACTURERS
The. Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
1. \<tP
P~pe
U\\\~cl SG\\6 LDQre-\-e
~ Nn\-o..\ \)(e C(1s:-+
2.
?\~w.."S.\ S\-H~C.\-u(t:\
3.
4.
5.
Dated~
~~'~l~OC
GC-P-3
168 6
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 removelreplace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuanc~ of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
Cateqorv of Work
Subcontractor and Address
1.
~ )~\feLJ t ~':) Du\\\
3.
\\SV~C\.\\
\f\~-\i-o\'\ fu(\je~ \~ t ~nO\0<1' lolL
,e:ql0"S. c.\e\l~\o.r.,d ~Q.. fu\\-e. to05 , n. (\'\'ie.(~ "fl.)
-" :M/ ' , . f) D~~Ol
'fu\-t~\'(\ "'Irr\u. ,es ~ 'Kl\<;\\ 1V\(\\{\'\t'\Q,~W'1_
\\. ~e;(:5 ,~L '5"69ra-
AfO-t. ~Cll~,e(}~-\- ,1:'.<<. - \4-;::)&9~(o 1<.J.
'{:\. M~eJS ,~L '52A I':)
C.u(D "&~Yanl ~. 011.\ ~l.,
\OQu4 \(-\J\\\e D~ ~ fu\;\o. ~9l\'rqJ ('tL ~L\l~o
'm'c.. CO"--\'\o\ 'R(\~\l~ - 4~ t::~\~(\ ~e"
t.\.. W\\..;}c_(<" . ~L ~~9\ U
2.
Guo.rd\O-\\ I ~C\.Vtffie(\-\- ~:~~(\~
4.
CHfn ~ll\emj (5i ~t L ~ \[Qn~-0uf\e.c
T(O-~l tD(\-\(o\
5.
Dated~ lC\ ( ~t()~
\ c..-\-1'oIl, Ire
GC-P-4
16Bt6
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.
Project and Location
1.
I-l') 1?rod LlJ\'Aen \~ -lee f (1\lkr
2.
Sto1e. ~6(,L-\-e l~ - DC\( +h H-. \V\ytt.4 fL
3.
CalO GrGls) lY\~\\~- 1='t lo..u&.rdAk
4. ~-k~I\llie- Y{}- ~(J,\ffi ?mm tol\C\~
5.
\)'exO{\(l \Jo..\~ - ~p\~
6. Yh
Tc~\o~ tU{'\( \Y\~-'n~OJ"6(\ - \=-\. mcy:O
Dated \~ \ \ C\ \ ~(JO'6
BY:
GC-P-5
Reference
Lee \\~a\ lm:'\-ttU (~(\(\
'& ~h t=e\-h Q3G{- &:}l-liQ3
\JJ6\- \JJ,(\d Lo~<1C-\10~
\(Dbe{~'Y~('l~ CfS4- g04-C\It1LP
\)..-h\~ ~ ~<:,-\c.ffiS CflPl'*.
b~\\ ~lda\~ 3~-/4~-350~
~~ ~)\-<'~~ Ct"~~.
12)'\\\ ~t\1\A.'O.(-h 35d-,4;<t- ~5ffi
\.-Pf '\'{\tlx CDn~\-r.
~u. -\-en \--L \ h Q'11- Qd1- ";;)3
?-r k0& ~L\'\\l- 'i.(M'-\-
~\'\ '(\o..~-\- cl'OC\-..loW~ - \0Cb
C()\l~. r\jL
l~
TRENCH SAFETY ACT
160' '6
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
1.
2.
3.
4.
5.
Units of
Measure
(LF,SY)
Unit
(Quantity)
TOTAL $
Unit
Cost
Extended
Cost
Failure to complete the above may result in the Bid being declared non-responsive.
Dated
Bidder
BY:
GC-P-6
16 B ~6
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
ITB#: 09-5140R Old US 41 Stormwater Improvements
STATE OF FLORIDA and the COUNTY OF COLLIER
BIDDER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE
PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AND THE REGULATIONS THERETO.
AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY;
"Local Business" means a ColIier County business that has a valid occupational license
issued by ColIier County at least one year prior to bid or proposal submission to do
business within ColIier County that authorizes the business to provide the commodities
or services to be purchased, and a physical business address located within the limits of
Collier County from which the vendor operates or performs business. Post Office Boxes
are not verifiable and shall not by used for the purpose of establishing said physical
address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of ColIier
County in a verifiable and measurable way. This may include, but not be limited to, the
retention and expansion of employment opportunities, the support and increase to the
County's tax base, and residency of employees and principals of the business within
Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local
business" ul1der this section. A vendor who misrepresents the Local Preference status
of its firm in' a proposal or bid submitted to the County will lose the privilege to claim
Local Preference status for a period of up to one year.
Please provide the following information for the Bidder:
Year Business Established in ColIier County: \C\(ll
Number of Employees (Including Owner(s) or Corporate Officers): l\O
Number of Employees Living in Collier County (Including Owner(s) or Corporate
Officers): 1'S
GC-P-7
16B~6
If requested by the County, bidder will be required to provide documentation
substantiating the information given in this affidavit. Failure to do so will result in
bidder's submission being deemed not applicable.
m\Ie \m\e t::(Wi(m~\ C t)Y\~ 1(4-;0'<'1, J:::(\C
~~~~YL
Signature
Yres\c\e (\-t-
Title
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County,
on this \ q -W\ Day of Uec..~m.be..( , 20 CJ<& ..
~afi) ~QAQ
Notary Public
My Commission Expires: \'AQ.'ic.\1 ~. dD\'ci
(AFFIX OFFICIAL SEAL)
~'''1/'''''.." ,KAlIE W.
.f. i"- N*'Y PUblic. St... 0' FIorI4a
. My COIlllIllulon ExpiftI Mw 2.201
COlMlIsIIon , DO 1&3118
8ondIdlbroullt.....NalIIy
GC-P-8
168 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 thirty (30) consecutive calendar days after Substantial Completion,
computed by excluding commencement date and including the last day of such period.
Respectfully Submitted:
State of \- \()( ~do..
County of __Lee,
m\j\~ b. h:o\-t , being first duly sworn on
oath depos~s 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.
m\J{ d.. G::L fCo\e , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
GC-P-9
16BI 6
(a) Corporation
The Bidder is a corporation organized and existing
\=\{'{\do..- ,which operates under
~\fe tfy.!-e ~\I\(o'(\Men\-C\\ l:ons-\\uc:h'o(\. Inc.
officers are as follows:
under the laws of the State of
the legal name of
I and the full names of its
President ~\i \d b. ~-k
Secretary \)alJJ(\ l-. ~e.
Treasurer \)av.m L- fCcl-e.
Manager ~\'<\e.s 3. \1:x)\-e.
The 1fe~d~(\-\- is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
q - I~ - Q1)4 , a certified copy of which is hereto attached (strike
out this last sentence if not 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 [Xl(pmhd \0.. \ QOO~
D1 \(<2 ~~ t:.~'\ \h ( ('\(\ (Y\ q \\-\n \ ColIS\( c.L~on \
legal entity l-f\C.
GC-P-10
168 6
\ c.crf}'\J l~(}(\,
:IT{.
~
Slg
rpfes\~'fr\-
Title
STATE OF ~\.6dc\tA.
COUNTY OF Lee.
The foregoing in,stru~ent wa~ acknowledged before me this ~C\ day of \:)ec.~mbe)(
200 ~ . by L::o..\1 \0. <':::t. \-1x)~e. , as ~'S\de.l\T
of t:n.\R~ ~()-\e E(\\J{fc~mej\toJ C.6(\~.. I.f\c. J a \-'o~{do... corporation, on
behalf of the corporation. ..tie/she is personally known to me or has. produced
P(~()(\()..\Itl t\l('w<\ as identification
and did (did not) take an oath.
NAME:
~uJn
( ignature of Notary)
~a.~~ \,l.h (d
(Legibly Printed)
My Commission Expires: f<\o..((.n Q\ dD \ci
(AFFIX OFFICIAL SEAL)
Notary Public, State of f\o{!do-
Commission No.: '\)U,w3Q\LQ
CD ,KAWNto.
Holtry PUbic: . "*- of Florida
· · My CClIMIlIIIon e.. ... Z, 201
. Ca_ru/oft , 00 7m..
. . ....."..,.NIIIlIIW'**"-.
GC-P-11
168 '6
BID BOND
;' .'
KNOW ALL MEN BY THESE PRESENTS that we DAVE FOOTE ENVIRONMENTAL
. ) .. ~
CONSTRUCTION, INC. (herein after called the Princip~l) and
WESTFIELD INSURANCE COMPANY ,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of OHIO with its principal offices in the city of WESTFIELD CENTER
and authorized to do business in the State of FLORIDA are held and
firmly bound unto the GaLLIER COUNTY, FL.
(hereinafter . called the Owner), in the full and just sum of
FIVE PERCENT OF AMOUNT BID dollars ($ .5% )
good and lawful money of the United States of America) to be paid upon demand of the
Owner, to which paymeht well and tl1..lly to be made, the Principal ahd the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fuJly complete the Work on the Project known as :
Old US 41 Stormwater Improvements
Bid No. 09-5140R
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 a$ 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
PRINCJPAL 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 OBUGEE
the fixed sum of $ 5% AMT. 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-12
C . J h h hi) '0 hi
'AIJC7: I QI\1\7 'II 'Jail
168 6
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 18th day of DECEMBER , 200_~
INC. Principal
(Seal)
Surety
DAVID G. FOOTE, PRESIDENT
WESTFIELD INSURANCE COMPANY
tZ;~/ZL
ARTHUR K. BRODER~_ .,~~J ATTORNEY IN FACT
Countersrgned ~ ~
(Seal)
Local Resfdent Producing Agentfor WESTFIELD INSURANCE COMPANY
GC-P-13
JJ ',j ,(,,(,JJ() 'OM
fAI,jG7: I Q007 '/1 ') ~n
....~. ::
168 6
t"'" .
POWER NO. 0992212 00
Genera} Power of Attorn ey
Westfield InsuraRce Co.-
Westfield National Insuran.ce Co.
Ohio Farmers Insurance Co.
Westfield Center, Ohio
CERTIFIED COpy
. I
KnoVllfl1 Men by These Presents. Toar \llESTFIELD I~SUIl-\.\iCE CO~(P,..\.;\iY, WESTFIELD NATIONAL INSUR.A.."lCE COMPANY, and OHIO
f'AR.>v!ERS INSURANCE CO,\1PA.;\iY, corporBliollS, hereinafter referred to individuall}' as a -Company" and collecril'ely 1)$ "CQmpanics," d!fly organized
and e:;isting lUlder the laws of th~ State of Ohio. and having thcir principal offices in Weslfield Center, Medina County, Ohio, do by th~e pr=nts make,
ccnstirutc and appoint ARTI{UR K. BRODER. :\IICHAEL P. BRODER, JOP.<TL Y OR SEYERALL V
of DAVIE and Statc of FL meir D1I:: aild lawful AClorney(s)-in.fact, with full power and aUlhoriiy hereby eonf=d in th("lr natnC1, pla~ and stcad. 10
eKecute, acknowkdge and deliver an}' and all bond!, recoglliz:tnc:es, undertakings. or oth cr instrumellts Dr .contracts of sllrery5hip _ _.
LrMrrATJO~: TIrIS PO'\-YER OF ATIOR'\EY CA:'\:'\OT BE t'SED TO EXECt:n: :\OTE Gt=.;\R-\.:\TEE, :WORTCAGE DEFICIE::'\CY,
MORTGA.GE GUARA:'iTEE, 0& BANK DEPOSITORY BO:'iDS.
and to bind MY of me Companies thereby as fully and fa Ihe SlUne exreDl as ifmch bonds w<:re signed b)' tho: Pr..::;id<:nl, seal<:d with the Corporate sea! of the
applical1/c Company and duly 3tle$tcd by irs SeCrelarj; hereby ratifying and confirming all that the said Attorne;.~s)-in-Facl may do in the premises. Said
appointment is made undcr and by aulllOrilY of the fOllo\,;ng resolution adopted b). the Board o( Dlrcclors of cach of the \VESTFlaD INSURANCE
COMPANY, WESTFIELD NATIONAl. fNSU~4,NCE COMPANY, and OHIO FAItMERS INSURANCE COMPANY:
'~BE. IT .RESOL YED, that the President, any Senior E~ecutive. l\(l)' Secretary or any Fidelity &. Surety Operations E"ecutive or other Executive
shall be and is hereby vested with full pOwer and authority to appoin t anyone or more suitab[e persons as Artomey(s)-in-Fact 10 repres~t and lIct for
and on behalf of the Company sobjc!;[ to Lhc following pco\'isions:
The Attorney-in-Fact may be given full pO'..I'er and authority for and in the name of and on behalf oflhe Company. to execute, acknowledge ancl
deliver, any. and all bonds, recognizances, conlI8Cls. agreemen!S of indenll\ily l!J1d Olher condition/I! or obligatory undertakings and any and all notices
1lIld documentS cancelling Or terminating Ihe Company's liability therelinder. and any' such in5lruments so executed by an}' such Attomey-in-Fact shlll!
be as binding upon The Company as if sigll~ by the President a~d sealed and attested by the Corporate Secrerary." .
"BE IT FURTHER RESOLVED, that the signature of eny such deSignated person and the seal of the Company heretofore or hereafter affIXed
to any power of attorney or any certificate r~lating tilereto by facsimile, and any pOWCT {If anomey or certific81e bearing facsimile signalures or
facsimile seal shall be valid and binding upon the Company with respect to My bond or underrllkir.g 10 which it is attached." (Each adopted at a
meeting held 011 February 8. 2000.)
In Witness Whereof, WESTFIELD INSURANCE COMPANY. WESTFIELD NATdONAL INSURANCE COMPA.."IY. and OHIO FARMERs
INSURANCE COMPANY hav~ caused these pn:S~nlS 10 b.: signed by their Senil)r Executiyc and their corporale seals to be hereto affixed Ihis 25th
day of April, A.D., 2005.
Stare of Ohio
County DfMedina
.,,1tt.t""t.,
~t"ou"SLr. ""
,""~\i..'''''',~-""
~"'1!:..'" ....W'
s~... \Cl?
~~( SEAL ~9~
\,\.... ..//
''''''''''''~ ..,...........,',..\-~
'''!''fnUII':
~~'~~~~~~~"tr""
_...,~~~..-... .....~ '"
, ~ -' "%,<.
?i;j...... \.~z~
~if{ SEAL ig~
\~\... ......:~~j
.,'..,,,,,, ...*.....,.,\J.....,...
'.I"lff,n'"
V.,.'ESTFCELO INSUR...\NCE COMPANY
V{ESTFfELD NATIONAL INSURANCE COMPANY
oc.no FARMERS lNSURANCE COMPANY
By: ~o(.~;
Ricllsrd L. Killllllh-d, Jr., Senior ExeCUlive
. Coll'ora~
Seals
Affi>ced
55.:
On this 25th day of April. A.D., 2005. before me personally came Riehard L. KinnJlird, .fr., 10 me i>nown, who, being by me duly sworn, did dcp(Jse
lUld say. that he resides in fvlcdlna. Ohjo; lhat he is S~nior E~mlltil'c of WESTFIELD JNSURANCE COMPANY, WESTFIELD NATIQNAL
INSURA.NCE COMPANY, and OHIO FARMERS !NSURANCE COMPANY, the companies described in and which executed rhe above iri5tiumenl; that
he knows the $eals ofsllid Compani",,: that th<: 5C,'ds affixed To <aid inslnomctlt "re such CO'For at" 'cIII$; thaI they were so llmxed by Oreler of me Board of
Directors of said Companies: and tha1 he signed his name therelO b;'like order.
Notarial
Seal
Affix.ed
Ajt1h.../)~:
By: ~
Willi:lln J. KltheJin. ^nomey Ht Law, Normy ~ollc:
My' ComnliSI>ioll Does Not Expire (Sec. 147.03 Oh:o Revised Code)
. St:atc' of Ohio
COUllty of Medina 55.:
CERTIFICATE
I, Frank Carrilio, Secrc&F.ty of the Vv'ESTE'!ELD INSURANCE COMPANY, WESTFIELD NAT!ONAL [NSURANCE COMPANY, and OHIO
FARMERS INSURANCE COMPANY. do hereby certify IlIat the above and foregoing is II true and corrc:ct copy of a Power of Attorney. executed by said
. Companies, which is still in full force and efl~el; 1Il1d fUrlhemlOre. the resolutions of the Board of Direclors. set out in the Power of Anome)' are in full fon:e
~~ /e~
In Wi/TYfSj)!l1e70j, I have hereunlO ~~"lY hand and affixed the seal of said Company at Westfield Cenler, Ohio, this / r day
of .4/~ .A.D..rl-nlL.
,.......iN'su.4"., ",";';o~t~,."". \l\SU>\, L:J '-.
""~\..?'~""~"" .",~?:.... ".:Y"(:(,, ~~..........f-Y. ....-::::::-./ ~
}~y '. ""f;\ "0.... "":S\ .:t:'<i-'" * ....$- By; /~
fir SEAL YP~ f&? SEAL \'5E ~'~~~RT;.te4 \;; Frank Carrino. Secrelary
· I . - ~\i; :.;,~ J 1m ..~
\~~\.......__.......~,.:./ <.J. ifF ~ ..
.~ - ..' \;;:.~',"'-.h"'''''.'~'''I~~~~~~. g.......~.. ....:y.
1"411'I"ry,.IIUII\V'-\ '.'1'1'1111"'\
BPOAC (03-oI)
16B 6
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. v'
4. The payment terms have been indicated. ,/
5. Any required drawings, descriptive literature, etc. have been included. v'"
6. Any delivery information required is included.v
7. Local Vendor Preference Affidavit completed.""
8. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included. ,/
9. Any addenda have been signed and included.'/
10. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
{::>Bid Number;
{::>Project Name;
{::>Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
.,
DATE: 1)ecember \q l~
GC-P-14
16B 6
(-
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~;
Co r County
~
COLU.E~ CO~NiY GOVERNMeNT
~ONTRACTINSURANCE
. REQUIREMENTS'
" . . . . .
TYPE
X Workers' Compensation
x
X
Emplover's Liability
Commerci;ll General
LiabUity (Occurrence Forni)
p~tterned after the current
ISOform.
Business Automobile
insurance
LIMitS {Check} . . . .
$t~t~torJ.: L!m.!ts of Florida .S!atu~es 440 and Pederal Government ~ ;I
StatutorY LimIts and ReaUlrements. . &/V;';
$500,000 X $1,000,000 c;tD nor,
$1,000,000 per occurrence X $2,000,000 per.occurrence
bodily injury and property . bodily injury arid property
damage . damage
!l.
ot tvYlk:
urf -k-
/j.t:..-
-'
x
(-.,
$1,000,000 per occurrence X $2,(100,000 per occurrence
bqdily injury and property bodily injury and propert>j
dam~ae damaae
$500,000 pet occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damaae damage
Builders Risk Insurance OWNER Will Purchase-Reolacement Cost- All Risks of Loss
Professional Liability $1 ,000,000 p~r occurrence $2,000,000 per occurrence
hisurance $1.000,000 aaareaate $2.000000 aQQreaate
INDEMNIFICATION: To the maximum extent permitted by Florida laW, the ContractorNendor/Consultant
shillllndemnify and hold harmless Collier Co"unty, jts officers and employees from any and allliabllities,
damages, losses and costs, including, but not limited to, resscll1able attomeys' fees and paralegals' fees,
to the extent caused by the negligen<;:e. ri:leklElSSliaSS, or intention:!:l1!y wrongful conduct of the
ContractprNendor/Consultant qr anYC;lliEl employed or utilized by the ContractorlVendor/Consultant in the
performance of this Agreement. This indemnificatioli obllgatiOfl i:;hc:ill not be construed t9 negate, abridge
or reduce any other rights or remedIes which otherWise may be available to aft indemnified party or person
described .in this paragraph, This section does not pertain to any incident arising from the sole negligence
of Collier County, '. . .
Collier County Board of County Commissioners shall bi:; named as the Certificate Holder. NOTE~- The
"Certificate Holder" should read as rouows:
comer County Board of County Commissioners
Naples, Florid<il .
Polfutioli liability tosutaliCe
tit::
k.// r;.,...
.tt-~'1 -b>'c:lJ~-"'"
No Cqunty qlvislon. Department, or lndividual name shOUld appear on the Certificate, No other fotinat ~
be accentable. . . ... .... .
nlrtY(30) Days Cancellation Notice reqt.iired on Agreements exceeding 6 months. The contrad name' .
.and hUmber shall be Included oil the'certificate of insurance, . 0/(... ~t7r- rl (N" /">""'"7()~::t-
Coltrer County must be rjamed as "ADDITIONAL INSURED" on tlie Insurance Certifieate for Coritin~tcial
Gerierai Liabilitv afIE11or-AffOOr't-l::iabffltv where reauired, 'u~L--
BIDDER'S AND INSURANCE AGENT STATEMENT:
We understand the Insurance requirements contained in these specifications,
and that the evidence of said insurance may be required within five (5) business
days of the award of bid.
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.. /1:. ...... . ... ... ... ....... _.. ..' I
"l
~L-c..
Insuranc~ Agency
L/. . ./J ~'l.
//}{...-y-..---tf:..cv ./,'p IvfL~-~
Signature or"-Bidder's Agent
{
"'-.-
IA ,0
SIgnature or Bidder .
" . -- I r 1r-. 0"
00\.\.0'/\ i. !-'O o""-e . ':Xc / { .r-, >-
i~.~:~:~~52P:ERTIFICATE OF L~:::~~~~;:~:~NCE
PRODUCER
168
6
Page 1 of:
Lykes Insurance, Inc. dba IMC
P.O. Box 60043
Fort Myers FL 33906-6043
Phone: 239-931-5600 Fax:239-931-5604
OP ID MS DATE (MMlDDIYYYY)
DAVEF-1 12/09/08
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
Dave Foote Environmental
construction, Inc.
6091 Greenbr1ar Farms Road
Fort Myers FL 33905
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
FCCI Insurance Company
National Trust Insurance
NAIC#
10178
INSURED
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOIWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH.
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
fm>~ ~RD POLICY NUMBER 'D':i..~(MM/DDIYY) -!5~t'i(MM/DDIYY) LIMITS
LTR TYPE OF INSURANCE
GENERAL LIABILITY EACH OCCURRENCE $ 1000000
~ '_"""'''LJ
B X COMMERCIAL GENERAL LIABILITY GLOO044752 09/01/08 09/01/09 PREMISES (Ea occurence) $ 100000
I CLAIMS MADE I3J OCCUR MED EXP (Anyone person) $ 5000
PERSONAL & NJV INJURY $ 1000000
X $500 PD Ded GENERAL AGGREGATE $2000000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000
I POLICY IXl ~~8T n LOC Emp Ben. 1000000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $1000000
B X ANY AUTO CAOO050073 09/01/08 09/01/09 (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
I--- $
NON-OWNED AUTOS (Per accident)
I--
I-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $4000000
B ~ OCCUR D CLAIMS MADE UMBOO025374 09/01/08 09/01/09 AGGREGATE $4000000
$
~ ,DEDUCTIBLE $
X RETENTION $10000 $
WORKERS COMPENSATION AND ITORY LIMITS I IOJ~-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $
If yes, describe under E.L. DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Bid Name: st. Andrews Blvd. Phase II stormwater Improvements
Bid Number: 09-5150
Collier County Board of County Commissioners is listed as additional insured
with respect to General Liability, per endorsement CGL021 04/03. *Except in
the case of non-payment when 10 days apply.
CERTIFICATE HOLDER
COLLI33
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRmEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Collier County Board of
County Commissioners
Naples, Florida
3301 Tamiami Trail E
Naples FL 34112
@ACORD CORPORATION 1988
ACORD 25 (2001/08)
Qate: 12/9/2008 01 :52 PM
Sender's Fax ID: 239-931-5604
168
6 Page 2 of:
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
r-
(
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..
168
6
c
C~mT County
~
COLLIER COUNTY GOVERNMENT
CONTRACT INSURANCE
.: REqUIREMENTS
c=
TYPE LIMITS (Check}
X Workers' Compensation Stat~ory limits of Florida Statutes 440 and Federal Government
StatutOry limits and Reauirements
X Employers Liability $500,000 X $1.000.000
X Commercial General $1/000,000 per occurrence X $2,000,000 per occurrence
Liability (Occurrence Form) oodily injury and property . bodily Injury and property
patterned after the current damage damage ,
[SO form.
X Business Automobile $1,000,000 per occurrence X $2,000,000 per occurrence
Insurance bodily lrijury and property bodily injury and property
damaqe damaae
Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damaae damaoe
Builders Risk Insurance OWNER Will Purchase-RePlacement Cost- All Risks of Loss
Professional liability $1,000,000 per occurrence $2,000,000 per occurrence
Insurance $1,000,000 aooreaate $2,000.000 aQQreaate
INDEMNIFICATION: To the maximum extent permitted by Florida taw, the Con~ractorNendor/Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, inpluding, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionalIy wrongful conduct of the
ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendorlConsultant in the
peHiorinance of this Agreement This indemnificatiol) obligation shall not be construed to negate, abridge
or reduce any other rights or remedi~s which otherwise may be available to an indemnified party or person
desqribed in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier County.
Collier Gounly Board of County C<?mmi~sioner6 shall be named as the Certificate Holder. NOTE-The
"CertifICate Holder" should read as follows:
. Collfer County Board of Co\.mty Commissioners
, Naples, Florida
,
N~ qou~ty Pivision, Departli1ent, or individual name should appear on the Certificate. No other format wHl
be acc6otable.. ,.,' ". .; '. . . . ' , . .
T~lrty (30) [)~ys ca~~ellatlon N~~ce ~~q~lfed on Agreements exceeding 6 months. The contract name
and number shall be mcluded on the certificate of Insurance. .
C~!I!E1r County mus~ be named a~ "fl.ppmONAL INSURED" on the Insurance Certificate for Commercial
GeneralliabJlitv and/or Airport liabilitY where required.
BIDDER'S AND INSURANCE AGENT STATEMENT:
We understand the insurance requirements contained in these specifications,
and that the evidence of said insurance may be required within five (5) business
days of the award of bid.
'tx:tW rode hl\JiI'01lm.p/LtCl~ (oYb-h-V(~oY111f)(.
Bm
. iVA ,~t)te~.
s grialure Of~der / /.
~lDl) L. Feok I ~Q., fl'e5.
l.
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ACORDllI
(
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CERTIFICAT~.Oi= LIABILITY_iNSURANCE
f' PROOUCER
\.. ) Don Nottingham &; Associates Insurance Agency
, 1l415SE62ndAve.
BelIeVie\v. Floxida 34420
Phone: (352)307-6736
Fax: {352)307-4065
bAre (l.OOo!:lt'fYYY)
3/1212008
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTlI=lCATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
IflSlJREO
Dave Foote Environmental Contractors, Inc.
6091 Greenbriar Farms Rd
Ft. MyerS, FL 33905
INSURERS AFFORDING COVERAGE
INSURERA: ZenilhInsunm.ce Company
INSURERS:
INSURERC:
INSURERD:
INSURERE:
NAIC fl
13269
COVERAGES
THE POL1CIES OF INSURANCE LISTED BELOW HAVE BEEN JSSUED TO THE INSURED NAMED ABOVE FOR1HE POlICY PERIOD INDICATED. NOTWffilSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF NN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THlS CERllFICATE MAY BE ISSUED OR
MAY FERTAlN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL WE TERMS, EXCLUSIONS AND CONOmONS OF SUCH
POLJCIf:s' AGGREGATE LIMITS SHOWN MAYHAVESEEN BEDUCED BY PAID CLAIMS.
Ir~~~! POUCYNUMllER POUCYEFFECTIVE 1'0000ICYEXPJRATlOll Uldtrs
~!!RAt.UABlll1Y E"ACH OCCURRENCe $
l-- COMMERClAl. GENERAlUABIlI1Y I PRE $
l- LfcwMSMAOE 0 OCCUR MEn EX? (Arrf onapo=rtJ $
PERSONAl.. & NJV INJURY $
GEllmALAGGREGATE $
~'LJ\OO~nLlMrrAPn PER: PROOUCTS-COM?/OP AGG S
POLIcY .:.~ LOC
~TOrdOBILE UABlUTY COMBINED SINGLE tfMrr S
I-- AN'OUrO (Ea!liXl<le<>t)
l- All OWNED AUTOS BOOILYINJURY
$
SCHEOULED AUTOS (Pl!cp<lfSOO)
!--
,..- HIRED AUTOS BODILY INJURY
NOll-O'o'INEOAllTOS ' (Pe!acdd8l1t) $
-
PROPERTY DAMAGE S
(PI:! St:ddent)
~GIn.!ABlUIY AlJJ'OONLY -E'AACCIOENI' $
1W'( AUTO OTHERWAN EAACC $
AUTO ONLY: ABG S
-... ElCCESSIIJMBREUA lIABILITY $
EACH OCCURRENCE
o OCCUR 0 ClAIMS MADe AGGREGATE $
$
R DEDUCTIBLE $
RETEIoITlOIi $ $
A WoRKERS COMPI:!NSATlON mD Z068036902 1/12/2008 1112/2009 I WCSTATU- I IOJ~'
l::MPlOYERS'LIJ\BIUTY e.L EACHACCIOENT $ 1,000,000
I<irr PROPRl6rORlPARmERJElCECl1r/VE
OfACER/I.IEI\IBEREXCl.UDEO? E.L DISEASE - EA EMPlOYEE $ 1,000,000
1(~de"';b<JU;"""" 1,000,000
5 EerAL PROVISIONS below E.L OlSEASE-POUCYLlMfT S
OTllER.
OE5CRIPlION OF OPERATlONS/LOCATIONS/VEHICLESJ .I:l(cLI!slonSADDED BY EWl()ft$EMENT /5PECIAI..PROVlSIONS
CERTIFICATE HOLDER
Holder's Naturo ofJnterest : Cerlificate Holder
Collier County Board of County Commissioners
3301 E Tamiami Trail
Naples, FL 34112
CANCELLATION
SHOUlD ANY OFTHEABOVE DESCRIBED FOUClES BE CANCELLED BEFORE me. EXPIRAl1011
DATE TllEREOF, THE ISSUJNG II/SURER WILL ENDEAVOR TO WJI.. -R- DAYS WRIrTEI/
Nonce TO THl!. CERTIFICATE HOLDER /lAMED TO TllE LEFT, BUT FA1l.URE TO DO so SHAll.
IMPOSE NO OBUGATIOH OR UABIUTY OF ANY KINO UPOH ruE INSURER, lIS AGE.'I1S Oil.
REPRESENTATIVE
AOTllORlZED REP S
ACORD 25 (20Oc1/0B)
@ACORDCORPORATION 1988
C:',',
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IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the polIcyftes) must be endorsed. A statement
on this certiffcate does not confer rfJ;Jhts to the certifICate holder in lieu of suCh endorsement(s).
If SUBROGATION IS WAIVED, ,subject to the terms and condillons of the policy, certaIn policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement(s}.
DISCLAIMER
The Certificate of Insurance on the raverse side of this form does not constitute a contract between
the Issuing Insurer(s}, authorized representative or producer, and the certificate holder, nor does if
affirmatively or negatively amend, extend or alter the coverage afforded by the pollcles listed thereon.
I.
I
I
I
i
!
,
'1
i
I
!
;
ACORD 25 (2001/08)
168 "6
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Dave Foote Environmental Construction, Inc.
("Contractor") of 6091 Greenbriar Farms Road, Fort Myers, FI 33905, a Florida
corporation, authorized to do business in the State of Florida, to perform all work
("Work") in connection with Old US 41 StoJ;'mwater Improvements, Bid No. 09-5040R
~ I,. .... '"
("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.
S. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of:s~t~ of the Construction Documents, signed
and sealed by the Design Professi'bhal, as :a:fei'reasonably necessary for permitting.
. ,j,
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: six hundred forty five thousand, nine
hundred eighty two dollars and seventy five cents. ($645,982.75). J
GC-CA~ r ,.i'.;'j.',
:.,':,\..,. ,
;"",'"
168 6
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.gov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liquidated Damaaes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within ninety (90) calendar days from
the Commencement Date (herein "Contract Time"). The date of Substantial Completion
. of the Work (or designated portions thereof) is the date certified by the Design
Professional when construction is sufficiently complete, in accordance with the Contract
Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. Contractor shall achieve Final Completion within
thirty (30) calendar days after the date of Substantial Completion. Final Completion
shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and
throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's
duly authorized representative and shall mean the Division Administrator or Department
Director, as applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
. such event, the total amount of Owner's damages, will be difficult, if not impossible, to
GC-CA-2
168 16
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 and fifty
six dollars ($256.00) for each calendar day thereafter until Substantial Completion is
achieved. Further, in the event Substantial Completion is reached, but the Contractor
fails to reach Final Completion within the required time period, Owner shall also be
entitled to assess and Contractor shall be liable for all actual damages incurred by
Owner as a result of Contractor failing to timely achieve Final Completion. The Project
shall be deemed to be substantially completed on the date the Project Manager (or at
his/her direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any
right which it may have to seek to characterize the above noted liquidated damages as
a penalty, which the parties agree represents a fair and reasonable estimate of the
Owner's actual damages at the time of contracting if Contractor fails to Substantially or
Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
GC-CA-3
169 6
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Q. Grady Minor
and identified as follows: Old US 41 Stormwater Improvements
as shown on Plan Sheets 1 through 18.
Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Val Prince, Project manager
Stormwater Management
2885 S. Horseshoe Drive
Naples, Florida 34104
GC-CA-4
168 6
(239) 252-5879
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:
Mr. Dave G. Foote
Dave Foote Environmental Construction, Inc.
6091 Greenbriar Farms Rd.
Fort Myers, Florida 33905
239-369-6146
Fax: 239-369-7516
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 p!aced on the convicted vendor list"
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assians.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governina Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
GC-CA-5
168 '6
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire 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.
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-6
16 B ~~6
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
TWO WITNESSES:
~fii) uJ)
FIRST WITNESS
~Jn~ WOJ~
. Type/Pri~.
~~ -
SECOND WITNESS
'\)C'.. CL--h ~ ~ -e-0-So r-.
Type/Print Name
CONTRACTOR:
Dave Foote Environmental
B~~~
[Xl\lio- ~.1Ctk\ Or~\c\en\
Type/Print Name and Title
OWNER:
i
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY E ORIDA
.~~, L.a.
BY: vrrr--- d~
Fiala, Chairman
~
)iI3lti.~t~ .
"", . ,.tPY1'. \..~
Approveq:~l\sro Form
and Legal Sufficie~y:
Print Name: ~() j~A
Assistant Cou Attorney ~
GC.CA-7
Item # J lo .rbCo
Agenda , /21' t) ~
Date ~
Date 2 1)/,.,,1 a^(~
Rec'd ~
16B~6
"
EXHIBIT A
PUBLIC PAYMENT BOND
Old US 41 Stonnwat$r Improvements
Bond No. 0054356
Contract No. 09-5040R
KNOW ALL MEN BY THESE PRESENTS: That DAVE
CONSTRUCTION, INC.
and WESTFIELD INSURANCE COMPANY
Surew. loarted at 1 PARK CIRCLE, WESTFIELD CENTER, OHIO 44251
(Business Address) are held and firmlv bound to COLLIER COUNTY, FLORIDA
as Obll'gee 'In the sum 0' f SIX HUNDERD FOR'fY /'1vt; 'l'HUUt)ANO N.l.Nt; HUNlJ!{t;D
~I~~~Y TWO ~ND 7~, 100 .
($ $645,982. 7'j5for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
FOOTE ENVIRONMENTAL
I as Principal,
. as
WHEREAS, Principal has entered into a contract dated as of the _ day of
JANUARY 20~, with Obligee forus 41 ~TORMWATER IMPROVEMENTS
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 Prineipal:
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 mote than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
elaimants.
IN WITNESS WHER~OF, the above parties have executed this instrument this
day of JANUARY 2002. the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
GC-CA-A-1
16B"6
Signed, sealed and delivered
in the presence of:
~~
4~A "4e,fi:fl L1
Witnesses as to Principal
PRINCIPAL
ONMENTAL
G. FOOTE
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this :;)~day of JANUARY
20~ byDAVID G. FOOTE , as PRESIDENT of
DDAVE FOOTE ENVIRONMENTAL , a FLORIDA corporation! on behalfofthe
corporation. He/she is personally known to me OR has produced~(~\~ 'l-row(\Qs
identification and did (dill not) take an oath. uL9
My Commission Expires: ffiCwcn ~,00)d. ~1ID
. (Signature of Notary)
~+i~ \J(\(d
(Legibly Printed)
....., MIc . ... If ,.....
_Coull.n .....2.1012
telIItlllJIlI . DO 7t3I11
......................
NAME:
(AFFIX OFFICIAL 8Mb)
Notary Public, State of 1='Lo {" ;d&--
Commission No.: 'UD 7(P'~H IUl
ATTEST:
SURETY:
WESTFIELD INSURANCE COMPANY
lJ 1
(Printed Name)
1 PARK CIRCLE
WESTFIELD CENTER, OH. 44251
~QLI~~
JrJ~~ cqu~
--Witnesses to Surety ,
,
(Business Address
t}'/L/?/
(Authorized Signature)
ARTHUR K. BRODER, AGENT &
r I
(Printed Name) ATTORNEY IN FACT
GC-CA-A-2
168 16
OR
As Attorney in Fact
(Attach Power of Attorney)
.,
,
Witnesses
1l
.
(Printed Name)
J
,
(Business Address)
HI
(Telephone Number)
STATE OF FLORIDA
COUNTY OF BROWARD
./
The..~..foreg~i'ng in~trument' was' acknowledged before me this 27th day of
JANUARY. I 200~J by ARTHUR K. . BRODER I as
A<;iENT &'l\TTORNEY IN FACT of WESTFIELD INSURANCE COMPANY
Surety, on. behalf ,of Surety. He/She is personally known to me OR has produced
KNOWN. '. . as identification and who did (did not)
take an oath.
My Commission Expires! N(}Jexf\'oQ.( ~~ t clO\ \
(s0~
-
(AFFIX OFFICIAL S~A.L)
:-:n:. _ I, ~ 1\ ' \1 4>'\":'~:~b<'.f, niEOOOREJ JEDUCK
Name:\'le~()~Q.~, ueu It.~" ...~ * MYCOMMISSION"DD737613
(Legibly Pnnted) <1)0; "" EXPlflES:November28,2011
"'1't()ff~~'Q IlondedTbru SUlIQeI NoIaIy SeI'IIces
Notary Public. State of: 'f. \o( ~&L
Commission No.:'oD ,":3>, L9 \3
---.pqr- 1
Gc.cA-A-3
168
6
, '
POWER NO, 0992212 00
General Power of Attorn ey
I ". .
Westfield InsuraRce CQ:
Westfield Nationallnsuran'ce Co.
Ohio Farmers Insurance Co.
Westfield Center, Ohio
. CERTIFIED COpy
Knr1W All M,n by These Prt!s~rrIJ, Tnat WESTFIELD !}lSUltANCE CO:vtPA."'Y, WESTFLELD riA TION,o\L INSUR.A}ICE COMPANY, and OHIO
FA.R.1vlERS INSURANCE COMPA."IY, corpo(lllions, liereinalkr referred to individuall}' as a -Compll11Y" and collectiyely il$ "Companies." duly organize<!
IInd existing under the I"ws of th~ SrlltL': of Ohio, BrId Ilaving their principal omc~s in Westtiel<l Center. M~dina County, Ohio, do by th~e p~nts make.
colI$titutc IlIld appoint ARTHl;R K. BRODER, ~HCHAF.L P. BRODER, JOf:'fTL Y OR SE"r"ERALl Y
of D:-\ vn: and State of FL their truc Md lawful Acromey(s)-in.Fact, with full power lIIld !\uthoriiy hert'by confem:d in th('lr name$, ple~ and stcad. to
execute, acknow!(dgc: and deliver a nr an(l all bonds, re~ogni:tl\neesl IIndertflkillgs, or olh cr inst rumrnt3 or ,COil I rllclS of snreryship .. .
LrMrrATJO~: THIS PO'rYER OF ATTOR.,EY CA:'\:'iOT BF. l'SED TO [XECt.:Tf:: :\On: GC.;\RJ.'\'TEF., :YlORTCACE DEFICIE:'\CY,
iVIORTGAGE GU^RA~TEE. OS BA:'>iK DEPOSITORY 1l0:\DS,
and to bind any of the Companies t:01:rcby lIS fully lUld co th~ samc.cxtcnt a3 ifsu<:h bonds w~r<: signed by lh<e Presid~nl, sel\led Wilh the eorporate.sea! of the
applicable Company and duly attested by its Secrerary, hereb)' nltifying and confirming al1 that the said Aitorney(s)-in-Fllcl may do in the premtses. Said
appolntmenl is made under ano by authority of the rolto~\;l1g resolmk1O adopted b)' the Board o{ DireC:lors of e<lch of the WESTFIELD INSURANCE
COMPANY, WESTFIELD NA T!ONAL rNSUR;:A.NCE COMPANY, and OHIO FARMERS INSURANCE COMPANY:
".BE IT'RESOL YED, that the President, any Senior E>;~utive. 11))' Secretary or MY Fidelity /J!. Surety Operations El:ecuti~ or other Executive
shall be and is he~by v~ted with full power and lIuthority to appoinr My one or more suitable ~r$ons as Artomey(s).in.Paet to represent anQ ~l for
and on bohlllf oft:h~ Company subject to the following provisions:
The Attorney-in-Fact may b~ giy<;:n full po....'(:r and authoritY for and in the name of BrI<1 on beh"alf of the Company, to ~xecute, acla10wledge anI;!
deliver, any and all bonds, recogniZ8.I1ces, COhIJRClS, agreements of indemnity and ol)m conditiQnnl or obligatory undrnakings and any and all notices
Ilnd dOClll11cnts ClI/lc:elliIlS.or terminating th~ Company's liabililY thereundcr, and My' sueh inS!TumenlS so exeelHcd by any such Attomey.in-Fact sh!lll
.bc as binding upon The CompMY as if $igl1~ by the President and scaled and attested by the Corporate Secretary," ,
"-at IT FURTHER RES 0 L VED, th at the signature of any such desigzllued person and the seal of the ComplUlY heretofore or hereafter atrlXed
to any power ()f anorney or any certjti~te r~lating thereto by facsimill:, and any power of attorney or certificale bearing facsimile signat~ or
.facsimile s=al shall be ~lid lIJ'\d binding upon the Comp1U1Y with respecl to any bond or undertllkir.g to which it is altached," (Each adopccd at a
meeting held on Pebru~ 8, 2000.)
In WI/nes.r Wherflo/. WESTFIELD INSURANCE COMPANY, WESTfrELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS
INSURANCE COMPANY naye caused these pn:sems to be sigJ1~d by their Senior E:>C1:lItiyc anet their corporate sellls 10 be herelO affilCed this 25th
day ot April, A.D., 2005.
SUlCC ofO~io
County ot"Medina
,,,,.,,,,,tU..tsu'f'...
,,"'~\.~".HI'~""",
~lll;t" ~"'-f;\~
-;J. '0'
f':!' SEAL 'f91
\ \ ./ !
'\ ".. .1 ~
lljo." .,........,...~ ,,~~
.4Ii"JI,........,..",,''''
\.U'lll''''''h/
~..,~~:9,~.~.~.~i;.,~".
,';;,... "'%<'
li!j/ \,7:\
!~[ SEAL fg~
~..~\ .'8:i
~':o7",,, ../. ..l
"''''''". .,........,....,.,.1',..,..,
'''"'tll In ",,,''
WESTFIELD INSURANCE COMPANY
WESTffELD NATIONAL INSURANCE COMPANY
OHIO FARMERS rNSURANCE COMPANY
By: ~~Jr
Hichard L. KJnualrd, Jr., Senior Execulive
. Corporaw
Seals
Affixed
SS,:
On lf1is ZSth day of AprU, A.D" 2005, before rn;: person all r came RichArd L. Kinnaird. Jr., to me imown, who, being by me dilly sworn, did depose
1II\d say,t1u~t tl~ resides in J\'lcfllna, Ohio; lhat he is Senior E.xccllth'c of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIQNAl.
INSURANCE COMPANY, IIna OHIO FARMERS INSURANCE COM?ANY, the companicsd<:s~ibed in and which executed the above iris~t; tllat
he ~VIS the seals of sllid CQmplIniBSi ThaT the $ca.ls affixed TO said j"stNmcnt arc .uch C:O'1?OI at" ."als; tl1ll\ they werc so affixed by Ol'llc.r of Clle Boar1! of
Directors of said Companies: and thl'.1 he signed his nnme thereto by like order.
Notarial
Seal
Affixed
By: /(J~~'
Willi~1O J. Kalll:Jln, Attorne>' 1\\ Law, Norflry PlI/lIlr:
My COlnlllls1iiol\ Do.:s Not Expire (Sec. 147.03 Ohio Re\'ised Co~)
'Sta~'ofOhlo
COlllll)' of Medina
5$.:
CERTIFICATE
I, Fl'lnkCarrino, Secretftt)' of the WESTFIELD INSURANCE COMPANY, WES1'FtELD ;-lATIONAL fNSURANCE COMPANY, lIlId OHI?
FARMERS !NSURANC~ COMPANY, do tlereby certify Ihat rhe lIbove and foregoing is /I tnle: and wrrect copy of a Power of Attorney, executed by said
'Companies. which. is still in full force and efl'~ct; 1II1d furthcnnore, the re:sollllions of (he BOllrd of Directors, set out in the Power of Anomey ~ in full force
and effect
In 1Im~ Wher~o/.l have herc:unlo set my hand and affixed the seal of said CompMY at Westl1eld Center, Ohio, this
, ,A.D., ~, . .
~
day
of
",U1U1,"Cf
....".~ "0 \NSu: 'tl--..
~,....\,;...~....~ "
5'".....,. ."i'"....
,~.' , ....~\
(~{ SEAL )P}
\ \ . i
\'''''-... ..t.... ",?
~ ........... -1....
""(fII1UIIUll"t\'\
,\.\"'\\':~A:""""~
......?:(,:9-...~hn '"
" ,<".' ..~iJ.'~
..,9.... "'~'"
lSi/ \'i.\
.<0.. SEAL .("1.
W~\ /;; J
~<:';'~7..'."1.. ".,.....(;..;..
I,"VI/ ....~.u. II......~~
1/'1'lfllll"'\.
By:
~
Franl, CRTrlno, Set;r~/ary
BPOAC (Q3-01)
168-6
EXHIBIT A
PUBLIC PERFORMANCE BOND
Old US 41 Stormwater Improvements
Bond No. 0054~56
Contract No. 09-5040R
WHEREAS, Principal has entered into a contract dated as of the
JANUARY I 20~, ~h
OLD US 41 STORMWATER IMPROVEMNETS
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
KNOW ALL MEN BY THESE PRESENTS: That DAVE FOOTE ENVIRC?NMENTAL
CONSTRUCTION, lijC. , as Principal. and WESTFIELD INSURANCE COMPANY
I as Surety, located ~t
1 PARK CIRCLEL WESTFIELD CENTER, OHIO 44251
(Business Address) are . held and firmly . bound to
COLLIER COUNTY l FLORIDA , as Obligee in the sum of .
SIX HUNDRED FORTY FIVE THOUSAND NINE HUNDRED EIGHTY TWO AND75/100
($ 64 5 . 982 . 75 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns. jointly and severally.
d~-tn
Obligee
l
day of
for
THE CONDITION OF THIS BOND is that if Principal:
i.
.,
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changas in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shatt in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contractor to work or to
the specifications.
GC-CA-A4
.J
16 B '1116
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 :J1t\"I
day of ()QJ\~~ t 200,3 the name of each party being affixed and these
presents duly si ed by its undersigned representative, pursuant to authority of its
governing body.
..,
Signed, sealed and delivered
in the presence of:
~CU-A@4-
~e~1~ ~~
Wrtnesses as to Principal
PRINCIPAL
.'
NAME: DAVID G. FOOTE
ITS: PRES IDENT
STATE OF FLORIDA
COUNTY OF LEE
Q-\\I .
The foregoing instrument was acknowledged before me this ~ day of
JANUARY. 200.2, by DAVID G. FOOTE . , as
PRESIDE!';1T OfDl\VE FOOTE ENVIRONMENTAL , a
FLORIDA ! corporation, on behalf of the corporation. He/she is
personally known to me OR has produced V~(SOl\a\\~ VfCllln
as identification and did (did notr\"ke an oath. ~
My Commission Expires:rf'af( h J I dO \d YJfID ~
(Signature)
Name: ~hQ, ~OJO--
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: F'o~~d(l
Commission No.:vO, l Q Y1 \ U
I) ....., ~. .... of'....
· .' Mr Ctmmf.IIGll Elplreellllr 2,101
ColIInf'.'ln , Of) 7UMt
...TIInIufl.......
GC-CA-A-5
169 ~6
ATTEST:
SURETY:
WESTFIELD INSURANCE COMPANY
...
(Printed Name)
1 PARK CIRCLE
WESTFIELD CENTER, OH. 44251
~aLLa~~
Witnesses as to Surety
(BusinesS Address)
G/4~
(Authorized Signature)
ARTHUR K. BRODER, AGENT &
A
(Printed Name)ATTORNEY IN PACT
OR
~ -J@~~A.A ~{
,
As Attomey in Fact
(Attach Power of Attomey)
Witnesses
.
(Printed Name)
(Business Address)
,
(Telephone Number)
STATE OF FLORIDA
COUNTY OF BROWARD
(AFFIX OFFICIAL SEAL) .
The foregoing instrument was acknowledged before me this 27th dav of .
JANUARY , 200~, by ARTHUR K. BRODER ,asAGENT & l\TTORf:J'EY IN FACT
of WESTFIELD INSURANCE CO. ,a OHIO CORPORATION SU~~Jon
behalf of Surety. He/She is personalty known to me OR has produced
~f"<:)O(\Cc \\~re\lW' as identifi~n wh did (did not) take an oath.
My Commission Expires: ~()\fQ\'t'\~';;)~, 00\\ .
(Sign
\\ d I L~ ~,\~:.y.~~~ lHEOOOREJ JEDI.ICK
Name: eD (Q::;.~~ \ \' .. * MYCOMMISSfON"DD737613
(legibly Printed) ~ "" EXPIRES:November24.2011
-1~Off"~'" 1Iondtd1lvu~NoIaJySe_
Notary Public, State of: 'Ho\,6a...
Commission No.:'D'b l'R"1 CJi \3
GC-CA..A-6
~~::~:~~58-CERTIFICATE OF L~:::~:~3~:~5:~NCE
PRODUCER
16 eB~8
Page 1 of5
Lykes Insurance, Inc. dba IMC
P.O. Box 60043
Fort Myers FL 33906-6043
Phone: 239-931-5600 Fax:239-931-5604
INSURED
OP 10 MS DATE (MMlDDIYYYY)
DAVEF-1 01/27/09
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dave Foote Environmental
construction, Inc.
6091 Greenbr1ar Farms Road
Fort Myers FL 33905
COVERAGES
I NSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
FCCI Insurance Company
National Trust Insurance
NAIC#
10178
INSURERS AFFORDING COVERAGE
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'LTR NSRI: TYPE OF INSURANCE POLICY NUMBER DA~ (MMfDDNY) P8kt1t(MM/DDNY) I LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1000000
I-- 09/01/08 09/01/09 VAN","'!::
B X X COMMERCIAL GENERAL LIABILITY GLOO044752 PREM I SES (Ea occurenee) $ 100000
I-- :=J CLAIMS MADE ~ OCCUR
MED EXP (Anyone person) $ 5000
I--
PERSONAL & NJV INJURY $ 1000000
I--
X $500 PD Ded GENERAL AGGREGATE $2000000
I--
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000
II IXl PRO- nLOC Emp Ben. 1000000
POLICY X JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
I-- $ 1000000
B X ANY AUTO CAOO050073 09/01/08 09/01/09 (Ea accident)
I--
ALL OWNED AUTOS BODILY INJURY
I-- $
SCHEDULED AUTOS (Per person)
-2-
HIRED AUTOS BODILY INJURY
- (Per accident) $
NON-OWNED AUTOS
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
=1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $4000000
B ~ OCCUR o CLAIMS MADE UMBOO025374 09/01/08 09/01/09 AGGREGATE $4000000
$
~ DEDUCTIBLE $
X RETENTION $10000 $
WORKERS COMPENSATION AND ITORY LIMITS I IUER-
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNER/EXECUTlVE EL EACH ACCIDENT $
OFFICERfMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $
If yes, describe under EL DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
PROJECT: Old US 41 Stormwater Improvements hot --It. oq - SO\,II
Collier county, Florida and Owner are listed as additional insured with
respect to General Liability, per endorsement CGL021 04/03. Coverage stated
above is listed as primary and non-contributory with respect to General
Liability, per endorsement CGL025 04/03. *Except in the case (SEE NOTES)
c
COLLI33
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
CERTIFICATE HOLDER
Collier County
3301 Tamiami Trail E
Naples FL 34112
@ACORDCORPORATION1988
ACORD 25 (2001/08)
Daie: 1/27/2009 11:58AM
,
Sender's Fax ID: 239-931-5604
Page 2 of 5
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/0B)
Date: 1127~009 11:58AM
Sender's Fax ID: 239-931-5604
16 B · 6 Page3of5
of non-payment when 10 days apply.
Date: 1127/~009 11 :58 AM
Sender's Fax ID: 239-931-5604
Page 4 of5
168 6
COMMERC!Al_ GENEFV\L U,lI.f:l;lliTY
CGL 021 (0403)
THiS, ENDORSEi",'ENT CHANGES THE: POLICY, PLEASE READ n" CAREFULLY.
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT C/\REFULLY.
ADDITIONAL INSUREn - OWNERS, lESSEES OR CONTRACTORS -
SCHEDULED PERSON OR ORGANl~ZAT~ON
TtJis en<.lorsernel'11 rY!Cx:Hfies insurance provided under the foJ~owiflg:
COMMERCIAL GENERAL UABIUTY COVERAGE PART
SCHEDULE
r -------", '------""--."..------1
(\lame of f,::>erson or Or~;anizalion:
Bbnket eGL 021: Any person or or91anizai~on who you are required to add as an additional
insured on this policy Lmder a ".,vritt€11 contract or written agreement fr! effect during this policy
perlc~d "ln~:1 signee! and executed by you prior t~u~he I~~.s forwrlich coverage lis ~OU~ht, . ... . .... ..... ~~_=.J
(If no entry appears ;:.lbovr:l, infOl'l"Mllioli required to cC<l'Inplete this endorsement wm tlE~ sf1Qwn in the D~.:cl<";!r'<;!tioJ'1s as
appHcab!e to ttlis endmsement.)
Who is an Insured (Se%tiQrl 11) is amended tCl' irlich.Jde a:s an insured the p,erson ,,~r org:anizf1tkm shown in tn!:l
Schedule, but only with respect to your negllgent actions which C<.'lUSe. liability to be irnpcl:seJ(j on suct'\ person or
oruanlzation without f,,,ult onthe p<3rt o,f s~id perS!()fi or brg~U'i,i2a~ian, as <:i result of "your warl," petflo(mt~d for ~~'i(;it
ins.ur,~d.
CGl D21 (0403)
Includes c;opyrighied materiaf of ISO Properties, Inc., wilh Hs p,ermission,
Page 1 of 'I
Oa~e: :l127/t009 11 :58 AM
Sender's Fax 10: 239-931-5604
168
se 5 of 5
COMMERCIAL GENERAL LIABILITY
CGL 025 (04 03)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ .IT CAREFULLY.
ADDITIONAL INSUREDS - PRIMARY/NON,-CONTRIBUTORY COVERAGE
WHEN REQUIRED BY CONTRACT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
The following is added to SECTION IV - Commercial General Liability Conditions, Paragraph 4, entitled "Other
Insurance", subsection b. entitled "Excess Insurance", paragraph (1):
This insurance is excess over:
(e) Any other insurance naming an additional insured as an insured on a primary basis, excess, contingent or
on any other basis unless a written contract specifically requires that this insurance be primary and
noncontributing. The written contract must be currently in effect or become effective during the term of
this policy and must be executed prior'to the "bodily injury", "property damage" or "personal and
advertising injury."
CGL 025 (04 03)
Includes copyrighted material of Insurance Services Office, with its permission.
Page 1 of 1
ACORDm
168 6
PRODUCER
Phone: (352)307-6736
Fax: (352)307-4065
CERTIFICATE OF LIABILITY INSURANCE
Don Nottingh!lIll & Associates Insurance Agency
11415 SE 62nd Ave.
Belleview, Florida 34420
INSURED
Dave Foote Environmental Contractors, In.c.
6091 Qreenbnar FBmlS Rd
Ft. Myers, FL 33905
COVERAGES
DtlT5lMMlDDIYYYY)
1/28/2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIG HiS UPON THE CERTII=ICATE
HOLDER. THIS CERTIFICATE OOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A: :Bridgefield Employ= In~urancc Co.
INSUR"F\El;
INSURE:RC:
INSURER D~
INSURE:R ~:
NAIC#
10701
TI15 POLICIES OF INSURANCE L1STl':O eel.OVIII1AVE BEEN ISSUED TO THE INSUREO NAM5D ABOVE FOR THE ~OLlCY peRIOD INDICATED. NO'IVIIITHSTANOING
ANY REQUIREMENT. Tr:;~M OR CONDITION OF ANY CONTRAOT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlFIOATE MAY Be. ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DeSCRIBE:D HeREIN IS SUBJECT TO ALL THE: TeRMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGReGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD' P01.ICY NUMBER POLICY EPI'~CTiVI~ POl.lCYEXPJRAllON I LIMITS
." ."''''0
~NERA1.l.IIlllJ1.llY EACH OCCURRE:NC~ $
~ 3MM~RCIAL GeNSAAL L1ABIU'TY I ~~~~~M ?~~~~~~n^o\ S
>-- ClAIMS MAD~ 0 OOCUR MEO exp (Ally one perSOn) $
P~R$ONA1. a. AOV INJURY $
GENERALAGGR~GATE $
~'l AGGRE:nE LIMIT A1'PlIES PISR: P~OOUCTS-COM~OPAGG S
POLICY ~~R-r n Loe
~TOIl'IOllILE L1t18! L1TV COMBIN~D SINGLe; I.IMIT $
ANY AUTO (Ea aeeidenl)
-
- ALL OWN~D AUTOS BODILYINJURV
$
SCHEDULED AUTOS (per ~e,"on)
-
- HIF'{eo AuTos eODIL Y INJURY
(Por "cclden\) S
- NON..oWNeO A\Jl'OS
- PROPERlY DAMAG~ $
(pet aeddent)
~R.AGE LIABILllY AU'l'O ONLY - EA ACCIDENT S
ANT AUTO OTHER THAN lOA ACe $
AUTO ONLY: AGG S
:=JE;SSIUMaRE1.LA 1.IABIl.rrY EACH OCCURR~NCE: $
OCCUR 0 CLAIMS MADE AGGREGATE $
$
~ DE:DUCTrSLe $
R8ENTzON S $
, I we STATU- TOJbl-
A WORKSRS COMPENSATION AND 0830-40791 ] /12/2009 1/l2/2010
EMPLOYERS'L1ABIU"I'l' e.\., eAcrc ACCIDENT $ 1,000,000
ANYPROPRIETORlPARTNERlfXfClfI'IV~ 1,000,000
OFFICEFVMEMBER EXCLUDED? ~.L. DISEJ\SE: - ~A E:MPLOYES $
If~e~, d.~l7ib. under E.L. DISEASE- POLICY LIMIT S ] ,000.000
S ECIAL PROVISIONS below
OTI15R
DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES / EXCLUSIONS ADDED ElYENDORSEMENT / specIAL. PROVISIONS
Old OS 41 Stormwlller Improvements Job
CERTIFICATE HOLDER
Holder's Nlltu:r<!: ofln.!cre$t: Ccrtiiieatc l:l:older
ColHer County
3301 Tsmismi Trail E.
Naples, FL 34112
ACORD 25 (2001/08)
1 ',.j
r; r; ~ 0 '0 ~I
CANCELLATION
SliOU\.O ANY OF THe A60VE; DE;SCRI8E;O PO\.ICIE;S 8E CtlNCE;l.LEO BEFORE THE; EXPIRATION
DtlT~ THEIl.~OF'. TWE ISSUING INSURER WILL ENDEAVOR TO MAtL 2L DAYS WRITIEN
,",OTICE TO THo; Cl;Rl1FlCATl; tiO\'Ol;R tlA.M50 TO THl; \.5FT, aUT FAII..URE; TO DO SO SHtlLL
III1POS~ /OlO OBLlGtlTIOl'l OR L1t1BILIT'l' OP AJolY KINO UPON TH!! INSURER. ITS AGENTS OR
@ACORDCORPORATION1988
~if7.0:fi fiOO7. 'R7. 'U-er
168 6
.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s). authorized representative or producer. and the certificate holder. nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACOR.D 25 (2001/013)
F. '~
6680 'ON
vWGO:6 u600G '8G'u-er
168 16
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
168 6
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? [g] Yes D No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
GC-CA-B-2
168 6
(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.
o Applicable I:8J Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
o Applicable I:8J Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? I:8J Yes 0 No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, . Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
x
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement. 0 Applicable I:8JNot 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. 0 Applicable I:8J Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner may purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
GC-CA-B-3
16B 6
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
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? IZI Yes 0 No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
X Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
GC-CA-B-4
168 6
(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-5
16B 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 , 200_ for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 200_, by
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC-CA-C-1
168 6
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
%
%
Original Contract 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: $
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 $
Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
GC-CA-D-1
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168 6
168 6
TO:
Project Name:
Bid No.:
Change Order No.:
Change Order Description
EXHIBIT E
CHANGE ORDER
FROM: Collier County Government
Construction Agreement Dated:
Date:
Original Agreement Amount ........................................................... $
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ........................................................... $
Revised Agreement Amount........................................................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Date:
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Purchasing Department
Authorized by
Director
(For use by Owner: Fund Cost Center:
Numbe~ )
Date:
Object Code:
Project
GC-CA-E-5
168 6
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
GC-CA-F-1
168 6
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
,200
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,200_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,200_
OWNER
By:
Type Name and Title
GC-CA-F-2
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date:
Contractor:
The following items have been secured by the
for the Project known as
168 6
,200_
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
If any of the above is not applicable, indicate by N/A.
explanation.
Acknowledgments:
By Contractor:
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated: '
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If NO is checked for any of the above, attach
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
By Owner:
GC-CA-G-1
16B 6
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
those affecting transportation, access, disposal, handling and storage of materials;
GC-CA-H-1
168 6
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
168 6
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
GC-CA-H-3
16B 6
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
GC-CA-H-4
168 6
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.
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
GC-CA-H-5
168 '6
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
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,
GC-CA-H-6
168 6
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.
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
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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
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.
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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
setforth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
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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
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
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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,
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
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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
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,
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Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
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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)
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
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Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
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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 therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
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the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
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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
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,
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Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers,. architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
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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
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
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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
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
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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
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
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comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or 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.netlpurchasing.
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The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt
of Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of 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
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the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 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
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all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
GC-CA-H-26
34.1.1
34.1.2
34.1.3
34.1 .4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1 .12
34.1.13
34.1.14
34.1.15
34.1.16
34. 1. 17
34.1 .18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
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Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
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35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development.
A "project" shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS
An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762,
F.A.C. regulated tank requires notification to the 'County' prior to installation or closure
of the tank. The Pollution Control Department (239-252-2502), via contract GC-690
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty-eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty-eight (48) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation/closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor/project manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762,
F.A.C. or you may contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
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39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
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EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract.
GENERAL DEFINITIONS
As-Built/Record Survey - A survey preformed to obtain horizontal or vertical
dimensional data so that constructed improvements may be located and delineated.
Construction Documentation - Noting/Recording of all deviations from the "For
Construction Drawings and Specifications. All deviations shall be initialed and dated by
the Contractor.
Shall or Must - These terms, when used are defined as meaning mandatory.
I.BASIC STORMWATER MANAGEMENT DEPARTMENT SUPPLEMENTAL TERMS
& CONDITIONS
ACCESS OR STAGING TO PROJECT WORK AREA
Access to the work site may be limited or restricted. It will be the Contractor's
responsibility to inspect the work site prior to submission of the Bid to ensure there will
be no ingress and egress issues.
In addition, should access or an off site staging area be necessary other than indicated
on the plans, the Contractor must be granted and the fee owner must provide written
authorization. A copy of the authorization letter must be provided to the Project
Manager for the Project file. Any and all related costs to gain access to or for staging
purposes for the work site shall be included in the Bid.
AS-BUlL TS/RECORD DRAWINGS
The Project's Design Professional and his Florida Registered Professional Surveyor and
Mapper (P.S.M.) are responsible for the Project's As-Built/Record Drawings unless
otherwise specified within the Technical Plans and Specifications.
Prior to construction commencement, the Contractor shall meet with the Desigr1
Professional and his P.S.M. to determine the Project's critical points to the final As.
Builts. The Contractor shall also coordinate with the Design Professional and his
P.S.M. to facilitate measurement at those critical Project points. The Contractor's Final
Payment shall be withheld pending the Design Professional and his P.S.M. Certification
of the contracted improvements is per design.
GC-CA-J-1
16B 6
During the progress of the work the Contractor shall keep and maintain one (1)
"Approved for Construction" copy of all project plans, drawings, specifications, and any
addenda, written amendments, change orders, work directives orders, supplemental
agreements and other written interpretations and clarifications.
It is suggested that there be an "Approved for Construction Ghosted Plan Set" for the
Contractor's use. The Contractor shall also note to show updated construction
deviations annotated in red line as well as any approved design changes authorized by
the Design Professional. All deviations shall be initialed and dated by the Contractor.
All survey information depicted on the As-Built Drawings shall be collected under the
direct supervision of the P.S.M. in accordance with Florida Statute Chapters 177 and
472 and Chapter 61 G-17 of the Florida Administrative Code.
ACCIDENTS OR THEFTS
The Contractor shall be responsible to contact the Project Manager to report any
accidents or thefts involving or occurring within the work site. Should they occur the
Contractor at no additional cost, should photograph the damage or loss and provide the
dated photograph to the Project Manager.
CONSTRUCTION PROGRESS PHOTOGRAPHS
It is the Contractor's responsibility to provide construction progress photographs that
help visualize the worksite conditions. Photographs shall be taken prior to construction
commencement, during and after all milestones and construction steps. These pictures
must be in digital format, date stamped, 3 Mega pixels minimum resolution, in color, and
submitted once a week on Wednesday via e-mail or recorded on a CD to the
Stormwater Management Department to the attention of the Project Manager.
CONTRACTOR'S EMPLOYEES
Employees of the Contractor or its Subcontractors shall be properly uniformed and
provide a neat appearance. All employees of the Contractor or Subcontractor shall be
considered to be at all times the sole employees of the Contractor under his sole
direction and not an employee or agent of Collier County. The Contractor shall supply
competent and physically capable employees. Collier County will require the Contractor
to remove an employee it deems careless, incompetent, insubordinate, or otherwise
objectionable, and whose continued work in the Project's construction services is not in
the best interest of the County.
CONTRACTOR'S MEETING ATTENDANCE
During the Contract the Contractor shall be required to hold weekly progress meetings
unless otherwise specified by the Project Manager. The Contractor is responsible to
GC-CA-J-2
1"68 6
record notes and type minutes of the progress meeting and also attend other special
meetings that the Project Manager should require.
GENERAL SITE CONDITIONS CARE
Due care shall be taken of all existing landscaping. The Contractor may be required to
perform necessary site pruning on any existing plant's foliage which will interfere with
the equipment or work area to limit total removal and/or replacement of the landscape
materiaL the Contractor shall be responsible for replacement at the Contractor's costs
unless otherwise approved by the Project Manager.
DAILY LOGS
The Contractor shall complete and submit to the Project Manager on a weekly basis a
Daily Log documenting the Contractor's activities at the Project site such as:
1. Soil or weather conditions which adversely affect the work;
2. Daily job site hours of operation;
3. Number of Contractor's and Sub-Contractor's personnel present and working at
the project site;
4. Equipment on the project site;
5. Work description being preformed;
6. Materials received;
7. List of visitors;
8. Any problems that might impact either the cost or quality of the work or the time of
performance.
INVOICING
Upon execution of the Contract and completion of each month's work, the Contractor's
Payment Application request along with a Release and Affidavit should be submitted to
the Design Professional for review, date stamping, and approval. Upon their approval,
the request would be forwarded to the Project Manager for processing. All invoices
shall reference the Purchase Order Number and Project Name.
After review and approval by the Project Manager, the invoice and all back-up materials
will be transmitted to the Finance Department for payment. Payment will be made upon
receipt of a proper invoicing and in compliance with Section 218.70 Florida Statutes,
otherwise known as the "Florida Prompt Payment Act." Collier County reserves the
right to withhold and/or reduce an appropriate amount of any payments for work not
performed or for unsatisfactory performance of Contractual requirements.
LANDSCAPING, IRRIGATION SYSTEMS AND MAIL BOXES
Improved landscape areas containing landscaping, irrigation systems and mailboxes
shall be noted and maintained wherever possible. If removed or destroyed during the
GC-CA-J-3
168 6
accomplishment of the work, the Contractor shall replace or restore to the original
condition or better as part of Project completion. The cost of these items shall be
considered incidental to the Project unless discussed and addressed with the Project
Manager prior to Project commencement.
LANE OR STREET CLOSURE
Alane closure for construction shall be limited. Upon proper placement of lane closed
signs, pre-warning signs, arrow boards, traffic cones etc., the lane maybe restricted
from traffic only during non-peak traffic periods 9:01 AM. - 3:29 P.M., Monday through
Friday, and 8:00 AM. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by
the Project Manager.
Street closure shall be approved through the Project Manager. When approved the
Contractor must notify the respective Law Enforcement Agency, District Fire
Department, Emergency Medical Services, and the County Transportation Road Alert
Section prior to closure.
Lane and street closures shall be indicated on the DailylWeekly Work Logs which are
provided to the Project Manager.
METHOD OF AWARD
The general criteria that will be used for the evaluation of this Bid is set forth in the
General Bid requirements along with the responses as stated on the Bid Response
Pages. Award of Bid shall be made to the lowest, qualified and responsive Bidder. The
Collier County Board of County Commissioners shall be the final judging authority as to
which Bid best suits its needs and the interest of Collier County.
Bidder shall:
1. Provide copy of their Contractor's License to Collier County.
2. Provide copies of the Contractor's Insurance:
a. Worker's Compensation and Employers' Liability
b. Commercial General Liability
c. Business Automobile Liability
3. Provide a list of all Subcontractors to be used on the Project site. Should the
Project work involve traffic signals and or pedestrian crossing signals a copy of the
Contract of the Signal Company hired and the Certification of the Level II I.M.S.A
Tech or better who will be accessing the Signal Box must be included.
4. Provide proof of M.O.T. Certification and the name, IRS W-4 form of the Bidder
Contractor's employee qualifier or a copy of the Contract/Agreement and
Certifications of the Company who will be providing the M.O.T. for the Project to be
engaged by the Bidder Contractor.
GC-CA-J-4
16B 6
If the documentation noted above must be submitted prior to the
recommendation of award is presented to the Board of County Commissioners.
MISCELLANEOUS RESPONSIBILITIES
1. The Contractor shall make every effort to protect existing facilities.
2. It shall be the Contractor's responsibility to notify in writing the Project Manager of
any construction problems or additional construction needs.
3. Should additional costs be involved which are not covered within the Contract
Specifications, a Unit Cost shall be agreed upon, a Change Order to the Work Order
completed by the Contractor and Project Manager prior to performing additional
services.
4. The Contractor shall communicate frequently with the Project Manager and provide
a working schedule after the Notice To Proceed has been issued. The written
schedule is required to be kept current with the progress of the work. Should the
schedule be changed, it shall be immediately up-dated.
5. The Contractor shall provide all materials, labor, equipment,
mobilization/demobilization, any other necessary effort, element and/or
component(s) needed to complete the work in its entirety per plans and at the Total
Bidded/Quoted Pricing submitted.
PRECONSTRUCTION VIDEO
It shall be the Contractor's responsibility to provide a preconstruction video tape in DVD
format documenting the condition of the Project area prior to commencement of any
work. This video tape should capture pre-project conditions of all private property
adjacent to the proposed project area and public property in the r/w with the intent to
document all existing conditions for use in resolving any post-project private or public
property alleged damage claims. The video is to be submitted to the Project Manager
prior to construction commencement for the Project file at no additional costs.
PROJECT LAYOUT REQUIREMENTS
The Contractor shall be responsible to install the work in accordance with the
"Approved For Construction Plans and Specifications". Project layout is the
Contractor's responsibility. The Design Professional's Florida Registered Professional
Surveyor and Mapper (P.S.M.) shall establish survey control and the location of any/all
existing boundary monumentation to facilitate its replacement if damaged. The
Contractor shall make every effort to preserve stakes/laths, monuments, bench marks,
and other control points. A Florida Registered P .S.M. is responsible for the replacement
of any & all survey control or boundary corners damaged or destroyed during
construction at the Contractor's expense.
PROJECT SCHEDULE AND TIME PERIOD
The Contractor shall prepare and submit to the Project Manager the Project's schedule
prior to the "Notice to Proceed". The schedule of the work's progress shall be updated
GC-CA-J-5
,(168 6
monthly and provided to the Project Manager. Micro Soft Project Format is
recommended. The Project shlilll commence upon receipt of a "Notice to Proceed"
letter from the Project Manager and will remain in effect until Final Completion and
submission of all the Project closeout documents. .
Notification of Substantial Completion, Final Completion, and any Claims shall be done
in written letter format. Electronic transmission via E-mail is not an acceptable
notification form. Should the Contractor see that additional days will be required a
Change Order or a Change Order to the Work Order shall be approved.
QUANTITIES
Indicated in Bid Schedule are expected quantities and are for the purpose of Bid
submission. The County reserves the right to adjust such quantities as may be required
by the Design Professional during the Contract.
RESPONSE TIMES
On a twenty-four (24) hour basis, the Contractor may be required to travel to the site
immediately to meet with the Project Manager, law enforcement or emergency
personnel to resolve an emergency. The Contractor shall respond to a telephone,
beeper, or radio call within one (1) hour. There shall be no additional charge for these
responses.
SANITARY FACILITIES
The Contractor shall provide and have serviced portable toilet(s) within the work site
area limits as approved by the Project Manager. Each toilet shall be located no further
apart within the work area than one-quarter (1/4) mile.
SITE MAINTENANCE
The work site areas shall be kept clean and neatly maintained during the progression of
the work. Any debris on the roadway shall be swept daily or as directed by the Project
Manager. The disposal of all debris and construction litter must be at a proper landfill
or disposal site. All disposal fees, tipping or charges are to be included in the Bid
Schedule Price. Upon completion, the remainder of site's construction and leftover
materials are to be collected, hauled away, and disposed of by the Contractor leaving
the work site in a restored order.
TRAFFIC CONTROL
Maintenance of Traffic is solely the responsibility of the Contractor and is to be placed
prior to construction. Should the Contractor not place and/or properly maintained the
Maintenance of Traffic (M.O.T.) the Project Manager will require the Project work to
cease until the proper M.OT. has been placed and/or maintained.
GC-CA-J-6
168 6
The Contractor shall comply with the requirements of Collier County's Maintenance of
Traffic (M.O.T.) Policy copies of which are available through the Risk Management or
Purchasing Department. The Contractor shall obtain and review the Collier County
M.O.T. Policy Requirements prior to submitting a Bid/Quote.
The Contractor will be responsible for obtaining copies of all required manuals,
M.U.T.C.D., F.D.O.T. Roadway & Traffic Design Standards Indexes, or other related
documents, so to become familiar with their requirements. Strict adherence to the
requirements of the M.O.T. Policy will be enforced under the Contract.
High-visibility clothing or vests with retro-reflectorized striping shall be worn at all times
by all employees working within Collier County Rights-of-Way (See exception below).
This includes personnel that may visit the "work zone" temporarily, such as
management and/or vendors. AN.S.I.II.S.E.A 107-2004 or the most current edition,
Class 2 or Class 3 garments are required for daytime use.
A Class 3 garment is mandatory for use by flagging personnel during any hours of
darkness, including during inclement weather situations, where conditions may create
hours of darkness during normal daylight conditions.
Exception: When other industry apparel safety standards require workers to wear
apparel that is inconsistent with Federal, State or county requirements such as
N.F.P.A, O.S.H.A, AN.S.I., etc., the other standards may prevail. However, apparel
must still meet high visibility color requirements of fluorescent lime-green or fluorescent
orange only and must be maintained in good condition and replaced as necessary.
Ex. Utility workers exposed to high voltage electricity may choose not to wear vests or
clothing with retro-reflective striping as long as the color requirements listed above are
met.
Directional lighted and flashing arrow board may be required.
See attached "Maintenance of Traffic Procedure" dated 02-23-06 B. Contractor
Requirements (External).
UNIT PRICES
Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be
made for work performed in any task. The Contractors shall include cost of work to be
performed under the task in the pay items of which this work is a component.
UTILITY CONFLICTS
Utility locates shall be conducted prior to commencement of work. Soft digging, pot
holing and/or any commonly approved method at the Contractor's discretion may be
GC-CA-J-7
168 6
used to locate existing utilities.
The construction plans reflect the location of existing utilities from the most reliable
information available to the Design Professional. This information is not guaranteed,
therefore, the Contractor shall field verify the location of all utilities. The Contractor is
required to conduct all necessary research and field exploration(s) to properly identify,
locate and resolve any utility conflict(s) not shown in the construction plans.
In the event that utility conflict(s) arise, the Contractor will be principally responsible for
coordinating with the pertinent utility company/companies in order to resolve such
conflict(s).
Any and all costs associated with utility conflict(s) would be incidental and should be
included in the pricing provided in the Bid Schedule. The Project Manager may make
exceptions pending justifications by the Contractor.
II. STORMWATER MANAGEMENT DEPARTMENT PROJECT SPECIFIC
CONDITIONS
There are certain items which are being brought to the Bidder's attention. They are:
. The Project's construction is required to take no more that one hundred twenty
(120) calendar days from the date of the "Notice to Proceed". The work must be
Substantially Complete ninety - (90) days from the "Notice to Proceed", leaving
the thirty - (30) days to address Punch-List Items.
. Photos of existing conditions are enclosed.
. All excess fill material is to be hauled and disposed of by the Contractor at no
additional Project costs.
. Replacing materials shown on the attached construction plan with an equivalent
material will require prior authorization in writing from the Design Professional
and the Project Manager.
. This Project is activated by a Notice to Proceed (NTP) letter from the Project
Manager.
. This Project will not require a Performance and/or Payment Bond and it shall
therefore not be submitted prior to commencement. Costs for the Bond and
other insurances are incidental to this Project.
. Required Construction Project Signage.
In order to keep the public informed regarding this Stormwater Management
project, upon issuance of a Notice to Proceed, the Contractor shall be required to
GC-CA-J-8
168
6
.II
provide two (2) Construction Project Signs to be placed on within Old US 41 r/w
at the beginning of the project on 4"x 4" white painted support posts which
contain, at a minimum, the following information:
On the left one quarter (1/4) side of the sign shall contain -
The latest Collier County Logo
Collier County Board of County Commissioners noted heading and below, their
Names with Districts:
Donna Fiala 1
Frank Halas 2
Tom Henning 3
Fred Coyle 4
Jim Coletta 5
Specific Note: "Your Tax Dollars At Work"
Color: English Ivy Green Glossy Back Ground with White Letters
Border: Black Glossy
On the right three quarters (3/4) side of the sign -
Name of Project: Old US 41 Stormwater Improvements
Project Design Professional: Q. Grady Minor & Associates, P.A.
Project Contractor:
Project Management: Stormwater Management Dept.
Project Completion Date: 2009
Contact For Project Information: Val Prince, Project Manager (239) 252.8192
Color: White Back Ground with English Ivy Green Letters
Border: Black Glossy
The size of the sign shall be four feet (4') high by eight feet (8') wide unless
otherwise requested by the County. The sign shall be in conformance with the
Collier County Land Development Code and in a format approved by the County.
The standard construction sign format is available upon request from the County
Project Manager. The Project Manager shall be provided a proof of the sign
format for approval prior to sign construction.
Price and payment for the site's Project Signs will be full compensation for
furnishing and installation of all materials necessary to complete the Construction
Project Signs, including initially erecting or placing and final removal. This shall
include, but not be limited to: sign panels complete with sheeting, painting, and
message; sign posts and supports, footings, excavation, etc.; and all other work
specified in this Section, including all incidentals necessary for the complete item.
The County has used Lykins Signteck, 5935 Taylor Road, Naples, FL., 34109, for
other Project signage. The contact person was Sarah Nolte at 777-2001.
. Asbestos Cement (AC) Pipe may be present on the job site and will require
special attention and handling. Coordination by the Contractor or his
GC-CA-J-9
168
".~
6
subcontractor approved to handle AC materials is required with the DEP for
proper removal, transport, and disposal of the asbestos cement pipe segment at
an approved hazardous waste disposal site. There shall be no additional
charges for this special attention and handling.
PERMITS AND STORMWA TER POLLUTION PREVENTION PLAN
Permits
The following permit(s) for the Project have already been obtained by Collier County or
are the Contractors responsibility to obtain, as noted below. Copies of the all permits
obtained by Collier County are attached. It is the Contractor's responsibility to read and
understand all permit(s) and permit conditions.
. Notice of Intent to Use the Generic Permit for Stormwater Discharge from Large and
Small Construction Activities DEP Form 62 - 621.300(4)(b) - Collier County has
obtained. Permit is attached. Contractor shall transfer Permit to his name and modify
if desired.
. Collier County Permit to Perform Work and/or Maintenance in the Public Right-of-
Way - To be obtained by the Contractor. Owner has received preliminary approval
of the plans.
Permit's) and/or Forms which may be applicable to a Stormwater project:
Any applicable permit(s), forms, and associated instructions listed in the section below
shall be the responsibility of the Contractor, unless otherwise specified in the section
above.
1. South Florida Water Management District (S.F.W.M.D.) Permits
Water Use Dewatering - Should a dewatering permit be needed, it will be the
Contractor's responsibility to apply for and obtain a dewatering permit. The
County will only provide the required sets of construction plans along with the
corresponding application fee, if needed.
2. Collier County Riqht-of-Wav Permit
It is the Contractor's responsibility to prepare and submit application forms, and
address any request for additional information from the Transportation Services
Division RIW Permitting as needed.
The Contractor is also responsible for preparing and submitting the Maintenance
of Traffic (M.OT.) Plan for review and approval by the Transportation Services
Division RIW Permitting Section. The County will only provide the required sets
of construction plans along with the corresponding application fee.
GC-CA-J-10
168 '6
....
3. National Pollutant Discharqe Elimination System (N.P.D.E.S.) Construction
General Permit N.P.D.E.S. Description
Unless otherwise noted, N.P.D.E.S. requirements applies and requires
documentation to be prepared and signed by the Contractor before conducting
construction operations/activities impacting more that one (1) acre, in
accordance with the terms and conditions of the National Pollutant Discharge
Elimination System (N.P.D.E.S.) Stormwater Permit, as required by Florida
Administrative Code (F.A.C.) Chapter 62 - 621.
The Contractor shall be for responsible for implementation, maintenance, and
inspection of stormwater pollution prevention control measures in accordance
with F.A.C. Chapter 62 - 621 including, but not limited to, erosion and sediment
control, stormwater management plans, waste collection and disposal, off-site
vehicle tracking, and other practices shown on the Drawings and/or specified
elsewhere in this or other specifications. The stormwater pollution prevention
control measures shall include protection of offsite public and private storm
sewer facilities potentially impacted during construction. stormwater facilities
include streets, inlets, pipes, ditches, swales, canals, culverts, control structures,
and detention/retention areas.
The Contractor shall prepare and review implementation of the Stormwater
Pollution Prevention Plan (S.W.P.P.P.) in a meeting with the County prior to start
of construction.
Notice Of Intent (N.O.I.)
Unless otherwise noted, the Contractor shall fill out, sign, and date a Notice of
Intent to Use Generic Permit for Stormwater Discharge from Large and Small
Construction Activities, (F.D.E.P. Form 62 - 621.300(4)(b)). Submit the signed
copy of the N.O.1. to the County. The County will submit the completed form to
the F.D.E.P. along with the required permit fee and a copy of the form to Collier
County Engineering Services Department.
Certification Requirements
On the attached "Operator's Information Form", fill out the name, address, and
telephone number for the Contractor, persons or firms responsible for
maintenance and inspection of erosion and sediment control measures, including
all Subcontractors.
The Contractor and Subcontractors named in the Operator's Information form
shall read, sign and date the attached Contractor's/Subcontractor's Certification
form.
GC-CA-J-11
"
168 6
The persons or firms responsible for maintenance and inspection of erosion and
sediment control measures shall read, sign, and date the attached "Erosion
Control Contractor's Inspection and Maintenance Certification Form".
Submit both forms to the County Manager or designee before beginning
construction.
Retention Of Records
Retain a copy of the S.W.P.P.P. at the construction site and at the Contractor's
office from the date that it became effective to the date of project completion.
At project closeout, submit to the County all completed "S.W.P.P.P. Inspection
and Maintenance Reports" (example form attached). Records will be retained by
the County Manager or designee for a period of three (3) years from the date of
project completion.
Required Notices
The following notices shall be posted from the date that the S.W.P.P.P. goes into
effect until the date of final site stabilization:
1. A copy of the submitted N.O.1. and a brief project description, as given in the
S.W.P.P.P., shall be posted at the construction site and at the Contractor's office
in a prominent place for public viewing.
2. Notice to drivers of equipment and vehicles, instructing them to stop, check
and clean tires of debris and mud before driving onto traffic lanes. Post such
notices at every stabilized construction exit area.
3. Post a notice of waste disposal procedures in an easily visible location on site.
4. Notice of hazardous material handling and emergency procedures shall be
posted with the N.O.1. on site. Keep copies of Material Safety Data Sheets at a
location on site that is know to all personnel.
5. Keep a copy of each signed certification at the construction site and at the
Contractor's office.
GC-CA-J-12
168 6
OPERATOR'S INFORMATION
Owner's Name and Address:
Contractors' Names and Addresses:
General Contractor:
Telephone:
Site Superintendent:
Telephone:
Erosion Control and
Maintenance Inspection:
Telephone:
Subcontractors' Names and Addresses:
Phone:
Collier County Stormwater Management
Department
2885 S. Horseshoe Drive
Naples, Florida 34104
239.774.8192
Phone:
GC-CA-J-13
168 6
CONTRACTOR'S I SUBCONTRACTOR'S CERTIFICATION
I certify under penalty of law that I understand the terms and conditions of Florida's
National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General
Permit that authorizes storm water discharges associated with activity from the
construction site identified as part of this certification, and that I have received a copy of
the S.W.P.P.P.
Signature:
Name: (printed or typed)
Title:
Company:
Address:
Signature:
Name: (printed or typed)
Title:
Company:
Address:
Signature:
Name: (printed or typed)
Title:
Company:
Address:
GC-CA-J-14
1168 6
EROSION CONTROL CONTRACTOR'S
INSPECTION AND MAINTENANCE CERTIFICATION
I certify under penalty of law that I understand the terms and conditions of Florida's
National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General
Permit that authorizes storm water discharges associated with activity from the
construction site identified as part of this certification, and that I have received a copy of
the S.W.P.P.P.
Signature:
Name: (printed or typed)
Title:
Company:
Address
Date:
GC-CA-J-15
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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
62-621.300(4), FAC. 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 coveraqe will not be qranted without submittal of the appropriate qeneric 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.
I. IDENTIFICATION NUMBER:
Project I D
II. APPLICANT INFORMATION:
A. Operator Name:
B. Address:
C. City: I D. State: I E. Zip Code:
G. Responsible Authority:
F. Operator Status:
H. Phone No.:
III. PROJECT/SITE LOCATION INFORMATION:
A. Project Name:
B. Project Address/Location:
C. City: I D. State: I E. Zip Code:
I G. Latitude: 0 , Longitude: 0 ,
F. County: " "
H. Is the site located on Indian lands? Yes No II. Water Management District:
J. Project Contact: I K. Phone No.:
GC-CA-J-17
168 6
IV. PROJECT/SITE ACTIVITY INFORMATION:
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.)
land disturbance from commencement through completion of construction:
Address in Part II above Address in Part III above Other address (specify below)
F. State:
G. Zip Code:
Start Date:
Completion Date:
V. DISCHARGE INFORMATION
A. MS4 Operator Name (if applicable):
B. Receiving Water Name:
VI. 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.
Signature:
Date Signed:
GC-CA-J-18
168 6
INSTRUCTIONS - DEP FORM 62-621.300(4)(b)
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, FAC., or an individual permit issued pursuant to Chapter 62-
620, FAC.
Where to File NOI:
NOls 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 (Le., if this is a new project), leave this item blank.
Part II - 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 described in this NO!. 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); 0 = Other
GC-CA-J-19
168 6
Items G. - H.: 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 H.: 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
SJRWMD = St. John's River Water Management District
Items J. - K.: 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 box 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 8.: 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 NOI. Note that to be eligible for coverage under the generic permit, the SWPPP must have
been prepared prior to filing this NOI.
Item H.: Enter the estimated construction start and completion dates in the MMIDDNY format.
GC-CA-J-20
168 6
Part V - Discharge Information
Item A.: If stormwater from the project discharges to a municipal separate storm sewer system (MS4),
enter the name of the operator of the MS4 (e.g., City of Tallahassee MS4, Orange County MS4, FOOT
MS4, etc.). If stormwater from the project does not discharge to an MS4 but rather discharges to surface
waters of the State, leave this item blank or indicate "N/A" and skip to Item B of this part. Please note
that if the project discharges stormwater to an MS4, you must provide the MS4 operator with a
copy of the completed NOI.
Item 8.: If the project discharges stormwater to surface waters of the State, and not to an MS4, enter the
name of the receiving water body to which the stormwater is discharged. Please provide the first named
water body to which the stormwater from the project is discharged (e.g., Cypress Creek, Tampa Bay,
unnamed ditch to St. Johns River, Tate's Hell Swamp, etc.).
Part VI - Certification
Type or print the name and official title of the person signing the certification. Please note that this should
be the same person as indicated in Item II.G. as the Responsible Authority. Sign and date the
certification.
Section 403.161, F.S., provides severe penalties for submitting false information on this application (NOI) or
any reports or records required by a permit. There are both civil and criminal penalties, in addition to the
revocation of permit coverage for submitting false information.
Rule 62-620.305, FAC., requires that the NOI and any reports required by the permit to be signed as
follows:
A. For a corporation, by a responsible corporate officer as described in Rule 62-620.305, FAC.;
B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or,
C. For a municipality, state, federal or other public facility, by a principal executive officer or elected
official.
GC-CA-J-21
168 6
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORMWATER
NOTICE OF TERMINATION
(RULE 62-621.300(6), F.A.C.)
This form is to be completed and submitted to the Department to terminate coverage under the Generic
Permit for Stormwater Discharge From Construction Activities that Disturb Five or More Acres of Land
and the Generic Permit for Stormwater Discharge from Large and Small Construction Activities provided
in Rule 62-621.300(4), FAC., and the Multi-Sector Generic Permit for Stormwater Discharge Associated
with Industrial Activity provided in Rule 62-621.300(5), FAC., as well as the conditional exclusion for "no
exposure" of industrial activities and materials to stormwater provided in Rule 62-620.100(2)(0), FAC.
All information provided on this form shall be typed or printed in ink.
I. TERMINATION INFORMATION:
B. Reason for Termination:
A. Facility/Project Number:
No longer operator of the facility/project.
Final stabilization criteria is met and all stormwater discharges associated with construction activity have ceased
(for construction activity onl ).
All stormwater discharges associated with industrial activity have ceased (for industrial activity only).
No longer meet the condition of "no exposure" (for industrial activity only).
II. OPERATOR INFORMATION:
A. Operator Name:
B. Address:
C. City:
F. Responsible Authority:
H. Responsible Authority's Email Address:
III. FACILITY/PROJECT INFORMATION:
D. State:
E. Zip Code:
G. Responsible Authority's Phone No.:
I. Responsible Authority's Fax No.:
A. Name:
B. Address/Location:
C. City:
F. County:
IV. CERTIFICATION:
D. State:
E. Zip Code:
GC-CA-J-22
168t'~6
I certify under penalty of law that all stormwater discharges associated with industrial or construction
activity from the identified facility or project that are authorized by the referenced State of Florida generic
permit have been eliminated; the facility no longer meets the conditional exclusion for "no exposure"
outlined in Rule 62-620.100(2)(0), FAC.; or that I am no longer the operator of the facility or project. I
understand that by submitting this Notice of Termination, I am no longer authorized to discharge
stormwater associated with industrial or construction activity under a generic permit, and that discharging
pollutants in stormwater associated with industrial or construction activity to surface waters of the State is
unlawful unless authorized by a permit issued pursuant to 403.0885, F.S. I also understand that the
submittal of this Notice of Termination does not release an operator from liability for any violations of this
permit or conditional exclusion for "no exposure" from NPDES stormwater permitting for industrial
activities.
Signature:
Date Signed:
GC-CA-J-23
168 6
INSTRUCTIONS - DEP FORM 62-621.300(6)
NPDES STORMWATER NOTICE OF TERMINATION (NOT)
Who May File a NOT:
Permittees who presently are covered under the Generic Permit for Stormwater Discharge From
Construction Activities that Disturb Five or More Acres of Land or Generic Permit for Stormwater
Discharge from Large and Small Construction Activities
provided in Rule 62-621.300(4), FAC., the Multi-Sector Generic Permit for Stormwater Discharge
Associated with Industrial Activity provided in Rule 62-621.300(5), FAC., or the conditional exclusion for
"no exposure" of industrial activities and materials to stormwater provided in Rule 62-620.100(2)(0),
FAC. may submit a Notice of Termination (NOT) when their facility or project no longer has any
stormwater discharges associated with industrial activity as defined in Rule 62-620.200(46) FAC.;
stormwater discharge associated with construction activity as defined in DEP Document 62-
621.300(4)(a); no longer meets the condition of "no exposure" defined in Rule 62-620.100(2)(0), FAC.;
or when they are no longer the operator of the facility or project.
For construction activities, elimination of all stormwater discharges associated with industrial activity
occurs when disturbed soils at the construction site have been finally stabilized and temporary erosion
and sediment control measures have been removed or will be removed at an appropriate time, and all
stormwater discharges associated with construction activity from the construction site that are authorized
under the generic permit have been eliminated. Final stabilization means that all soil-disturbing activities
at the site have been completed and that a uniform (e.g., evenly distributed, without large bare areas)
perennial vegetative cover with a density of at least 70% for all unpaved areas and areas not covered by
permanent structures has been established, or equivalent permanent stabilization measures (e.g.,
geotextiles) have been employed.
Where to File NOT:
One copy of the completed NOT shall be submitted to the following address:
NPDES Stormwater Notices Center, MS #2510
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
NOT Application Fee:
There is no application fee for submitting a NOT.
Additional Notification:
If stormwater associated with industrial or construction activity discharged to a Municipal Separate Storm
Sewer System (MS4), a copy of the completed NOT shall be provided to the operator of the MS4.
For construction activities, if other contractors/subcontractors are covered under the permittee's Notice of
Intent (NOI) and/or Stormwater Pollution Prevention Plan (SWPPP), a copy of the completed NOT shall
be provided to each additional contractor/subcontractor known to the permittee to be covered or claiming
coverage under the permittee's NOI and/or SWPPP. Contractors/subcontractors claiming coverage
under a permittee's NOI must assure proper permit coverage for the duration of their regulated activity.
Failure of the permittee to provide a copy of the NOT as provided herein shall not relieve the
contractor/subcontractor relying upon the permittee's NOI from the required permit coverage or any
potential enforcement action arising from the regulated activity.
Part I - Termination Information:
Item A.: Enter the DEP Facility/Project Number for the facility/project.
Item B.: Indicate the reason for termination of coverage.
Part 11- Operator Information:
Item A.: Provide the legal name of the entity (operator) to which coverage was granted.
GC-CA-J-24
168 6
Items B. - E.: Provide the complete mailing address of the operator, including city, state, and zip code.
Items F. - G.: Provide the name and telephone number (including area code) of the person authorized to
submit this NOT on behalf of the operator. This should be the same person as indicated in the
certification in Part IV.
Items H.-I.: Provide the email address and fax number (including the area code) of the person authorized
to submit this NOT on behalf of the operator. If the responsible authority does not have or does not wish
to provide this information, indicate "N/A" in the appropriate space provided.
Part III - Facility/Project Information:
Items A. - E.: Enter the official or legal name and complete street address, including city, state, and zip
code of the facility/project site. Do not provide a P.O. Box number as the street address. If it lacks a
street address, describe the facility/project site location (e.g., intersection of State Road 1 and Smith
Street).
Item F.: Enter the county in which the facility/project site is located.
Part IV - Certification:
Type or print the name and official title of the person signing the certification. Sign and date the
certification.
Section 403.161, F.S., provides severe penalties for submitting false information on this NOT or any reports
or records required by a permit. There are both civil and criminal penalties for submitting false information.
Rule 62-620.305, FAC., requires that the NOT be signed as follows:
A. For a corporation, by a responsible corporate officer as described in Rule 62-620.305, FAC.;
B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
C. For a municipality, state, federal or other public facility, by a principal executive officer or
elected official
GC-CA-J-25
16B 6
Maintenance of Traffic Procedure 02-23-06 as Referenced in BASIC
STORMWATER MANAGEMENT DEPARTMENT CONDITIONS - TRAFFIC
CONTROL SECTION
A. Contractor Requirements (External):
1. Each Contractor shall maintain at least one employee on-staff that has
obtained a Work Zone Traffic Control Safety Qualification from the
International Municipal Signal Association (I.M.S.A.) or an approved,
equivalent qualification from the American Traffic Safety Services Association
(A.T.S.S.A.), the Florida Department of Transportation (F.D.O.T.) or any other
agency, group or consulting firm that provides acceptable certifications in this
area. Approval shall be obtained through Collier County's Risk Management
Department.
2. Effective November 6, 2001, each Contractor shall obtain one of the above
mentioned qualifications within sixty (60) days upon submission of a bid/quote
or prior to the start of any work activity and/or Notice to Proceed, whichever is
sooner. Failure to comply with this requirement may result in project
shutdown, loss of contract or failure to bid any additional Collier County
Projects until qualification is obtained.
3. Each Contractor shall provide copies of qualifications, attached to company
letterhead, to Collier County's Risk Management Department for
documentation purposes. This file shall be evaluated for adequate
qualifications prior to any contract being awarded. A complete copy of the
Collier County M.O.T. Policy is also available from Risk Management.
Contact information can be obtained from Attachment # 1.
4. Maintenance of Traffic Policy Review shall be held during the initial pre-
construction meeting in order to answer any questions that may arise
regarding the Policy. These meetings shall be coordinated through Collier
County's Project Management, however, it is ultimately the Contractor's
responsibility to make sure all questions and concerns are addressed.
5. Where right-of-way connection or work permits are required, the Contractor
shall submit a Maintenance of Traffic (M.O.T.) Plan for any project involving
work or activity that may affect traffic on any County street, roadway, median,
bike path or sidewalk. The M.O.T. Plan must be signed by the contractor's
qualified "Work Zone'; employee or developing agency and submitted to all
applicable departments.
6. Specific permitting requirements shall be obtained from Collier County's
Transportation Engineering and Construction Management Department,
Collier County's Transportation Operations Department, Permit Section, or
GC-CA-J-26
168 6
other applicable departments, as necessary. This must be done before any
work begins. Contact information is available in attachment # 1. A copy of
the M.O.T Plan must also be kept at the work location at all times.
7. In the event that the M.O.T. Plan changes during the project, documentation
of the change(s) shall be made by the contractor's qualified Work Zone
employee and noted on the work-site M.O.T. Plan. The Contractor is not
required to forward the changes to the M.O.T. Plan to applicable Collie"r
County departments or their representatives, unless directed to do so.
However, the Contractor will be required to show changes on the written
M.O.T. Plan and present them upon request.
8. The Contractor must ensure that all their employees and sub-contracted
employees have knowledge and have proven to be competent in setting up
work zones when the Contractor's qualified Work Zone Safety Inspector will
not be immediately available.
9. Emergency work that is being performed by a Contractor will not require the
Contractor to submit a M.O.T. Plan. However, the Contractor must comply
with all requirements, as previously described.
10.AII signs shown on the M.O.T. shall comply with the current M.U.T.C.D. -
Part VI or the 600 Series of Florida Department of Transportation Design
Standards.
11.AII aspects of the current M.U.TC.D. - Part VI and/or F.D.O.T. Design
Standards, 600 series shall be strictly followed and enforced at all times.
12. Every attempt shall be made to avoid lane/road closures: Where it is not
possible to completely avoid these closures, the following procedures shall be
followed:
a. The Contractor shall notify Collier County's TE.C.M. Department,
Transportation Operations Department and/or the Transportation
Division's Community Liaison. Collier County will assist in the public
notification of said lanelroad closures; however, it is ultimately the
contractor's responsibility to ensure that all necessary parties have been
informed.
b. No road/lane closures will be permitted between the hours of 7:00 - 9:00
A.M. and between 3:30 P.M. and 6:30 P.M. Exceptions can be made at
the discretion of the Transportation Services Administrator or designee.
Emergency closures do not fall under these requirements. If an
emergency closure is necessary during the times listed above, notification
to applicable Collier County's departments must be made as soon as
possible (within 1 hour).
GC-CA-J-27
168 6
c. The Contractor must also notify Collier County's Bureau of Emergency
Services Division and/or any of the below listed agencies, when, the
lanelroad closure may cut off a standard route used by Fire, E.M.S.,
Police or other emergency agencies. The Contractor shall also make the
appropriate notifications when closures may affect schools, residents or
businesses.
d. Such notifications must be made at least 5 working days prior to the start
of construction or as soon as possible (within 1 hour) in the event of an
emergency. Notification of project termination shall also be made to
above-mentioned parties as soon as the project is completed.
e. Closures on two-lane two-way roads must be limited, where possible, to
single lane closures with traffic controlled by approved traffic control
devices, flaggers, temporary traffic lighting and/or other approved means
of work zone traffic control as specified within the M.U.T.C.D. (current
edition) and/or the F.D.O.T. Design Standards (current edition).
f. Lane closures on multilane roads should be limited to single lane closures,
where possible. Where single lane closures are not feasible, Contractors
shall submit justification for the closure of multiple lanes. The
Transportation Services Administrator or his designee shall make final
determination. However, where multiple lane closures create a greater
hazard to pedestrians, bicyclists, vehicular traffic or others using existing
sidewalks, bike paths or bike lanes, Collier County's Risk Management will
have final authority over these closures.
g. If the work cannot be performed without closing all traffic lanes, but the
closures can be limited to intervals no longer than five-minute durations
(e.g., to accommodate necessary equipment operations),' flaggers shall
be used to control traffic as necessary. ALL FLAGGERS SHALL BE
PROPERLY TRAINED IN FLAGGING METHODS.
h. If the work cannot be performed without closing all traffic lanes for periods
longer than five (5) minute durations, provisions must be made to
maintain access to all developed properties, businesses, etc. Access may
be granted by properly signed and/or marked detours or other approved
methods.
1. The Contractor shall prepare a detailed M.O.T. Plan where road closures
are proposed. The detailed M.O.T. Plan must show the limits of the road
closure, detour routes and/or other means of maintaining access,
temporary signage and markings that will be used, and any other
information deemed necessary according to state (F.D.O.T. Design
Standards 600 Series) and/or Federal (M.U.T.C.D.) regulations.
GC-CA-J-28
168 6
j. The M.O.T. Plan for road closures shall be submitted to respective parties
at least five business days prior to each separate road closure. No road
closures, other than for an emergency, are authorized without the prior
approval of the Transportation Services Administrator or an appointed
designee.
k. If an immediate road closure is necessary to safeguard life and/or public
or private property, prior approval will NOT be required. However,
notification to Collier County Risk Management, the Transportation
Services Administrator or designee, the Permits Manager or an appointed
designee shall be made as soon as possible (within 1 hour), as long as
the notification effort does not compromise the primary efforts to
safeguard life and/or property.
Upon request from Collier County's Risk Management Department, the Transportation
Operations Department or any Collier County Work Zone Inspector, the Contractor shall
provide M.O. T. Plans at any time during the project. In the event that the approved MOT plan is
not available or not being followed, the Contractor must immediately eliminate all deficiencies.
Failure to comply may result in project shutdown until all deficiencies are corrected and will be
determined according to the hazards that are presented and their potential effect on public
safety.
GC-CA-J-29
16B 6
COLLIER COUNTY GOVERNMENT CONTACT/EMERGENCY NUMBERS
Daytime # Weekday Weekend Fax# EMERGENCY
Department Contact Pager # Pager # #
Sheriff's Office Dispatch 239.793.9300 239.793.9300
Travis Gossard 239.252.8924 239.252.6406 Day: 239.417.6320
Road Maintenance 239.252.8925 Eve: 239.417.6320
Wastewater Collections Steve Nagy 239.825.0336 (c) 239.253.8169
Jim Gammell 239.825.0337 (cl
Water Distribution Pam Libby 239.530.6245 239.982.2215 239.263.8619 239.435.4495
Ray Ognibene 239.253.3954 (c)
Arturo Morales 239.895.7011 (c)
Traffic Signals Bob Register 239.252.8260 239.982.3446 239.982.3446 239.252.5868 Day: 239.252.8260
Bob Tipton Eve: 239.253.0458
Traffic Signs Bob Register 239.252.8260 239.513.5798 239.252.5868 Day: 239.774.8260
Bob Tipton Eve: 239.253.0458
Risk Management - Safety Greg Barlow 239.252.8283 239.252.8048 239.253.0921
Engineer
Purchasing Main Number 239.252.8407 239.732.0844
Community Liaison Main Number 239.252.8192
239.252.7276
Eileen O'Grady 239.252.5801
239.253.5616 (cl
239.252.8365
Connie Dean
Alternative Transportation Director Michelle Arnold Day: 239.252.5899
Bob Petersen 239.252.8192
LandscaDe ODe rations 239.253.2326 (c)
Transportation Operations Director Bob Tipton Day: 239.659.5787 Day: 239.659.5782
239.659.5782
Eve: 239.598.3123
239.253.0420 (cl
Permits Manager Mitch Riley Day: 239.252.5828 Day: 239.659.5767
239.659.5767
239.253.3164 (cl
TECM Liaison Sandi Brunker Day:
239.252.8271
239.734.0384 (cl
Public Utilities Engineering Fred Sexton 239.877.8288 (cl
InsDector
Revision October 15, 2008
GC-CA-J-30
168 6
EXHIBIT J
TECHNICAL SPECIFICATIONS
1. All roadway materials and work shall be supplied and completed in accordance
with the FDOT "Standard Specifications for Road and Bridge Construction" dated
2006, as revised to date.
2. Clearing and grubbing shall be limited to the existing north side of the Right-of-
Way and other indicated work areas only. Contractor shall be responsible for
restoring all areas disturbed by his work. All disturbed areas shall be sodded or
hydroseeded to match existing.
3. Design Professional shall be responsible for initial survey control to be used for
construction layout. Contractor shall be responsible for all construction layout.
4. 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. Testing shall include the following:
A. Culvert, Roadway Crossing Only
1. Bedding: Minimum of 2 tests shall be taken for every 100 lineal
feet of pipe being installed. Testing shall be above the top of pipe.
2. Fill: Minimum of 2 tests shall be taken for every 100 lineal feet of fill
installed over the pipe.
B. Concrete
1. Concrete: A minimum of 3 concrete test cylinders shall be made
and tested for each day's concrete placement for cast-in-place
structures and driveways.
6. Contractor shall coordinate with all utilities for location of existing facilities and
shall coordinate for all utility adjustment, and relocation required. Contractor
shall coordinate with Collier County Utilities for the temporary and final relocation
of water mains and force mains. Contractor shall coordinate all utility outages
which may require night work.
During the relocation work of the existing 6" force main at Station 34+00, a
contingency meeting will be held with Collier County Wastewater to review the
contractor's proposed work. It is anticipated that the existing pump station within
Sterling Oaks can be temporarily shut down to allow the work to be completed.
GC-CA-J-31
168 6
The contractor shall be responsible for having pumper trucks at the proposed
relocation and at the Sterling Oaks pump station(s) to assist in managing
wastewater flows. Removed wastewater may be returned to the Collier County
wastewater system.
During the relocation work of the existing 15" water main at Station 34+00 a
contingency meeting will be held with Collier County Water to review the
contractor's proposed work. It is anticipated that this main can be shut down for
an 8 hour period. Work will be required to be done at night.
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 be responsible for all activities required by the Stormwater
Pollution Plan. This shall include installation and maintenance of all stormwater
turbidity barriers, silt fences and other devices. Regular inspections shall be
made by the Contractor to assure their maintenance.
9. Contractor shall coordinate his work with all other County Contractors and
workers.
10. Contractor shall provide a Project Sign upon issuance of a Notice to Proceed. In
order to keep the public informed regarding this Stormwater Management
project, the Contractor shall be required to provide two (2) Construction Project
Signs (4' x 8') to be placed on/within Project Site's Right-of-Way as directed by
the County. The sign shall be supported by a minimum of two 4" x 4" white
painted posts. The sign shall contain the following information:
The left one quarter (1/4) of the sign shall contain the current Collier County logo and a
listing of the current Collier County Board of County Commissioners with names and
district.
Donna Fiala - District 1
Frank Halas - District 2
Tom Henning - District 3
Fred Coyle - District 4
Jim Coletta - District 5
With Specific Note: "Your Tax Dollars at Work"
Color shall be: English Ivy Green Glossy Back Ground with White Letters
Border: Black Glossy
The right three quarters (3/4) side of the sign(s) shall contain the following:
Name of Project: Old 41 Stormwater Improvements
GC-CA-J-32
Project Design Professional: Q. Grady Minor & Associates, P.A.
Project Coordinator:
Project Management Stormwater Management Dept.
Project Completion Date: , 2009
Contact for Project Information: Val Prince, Project Manager (239) 252-5879
Color: White Back Ground with Eng'lish Ivy Green Letters
Border: Black Glossy
168 6
The size of the sign(s) shall be four feet (4') high by eight feet (8') wide unless otherwise
requested by the County. The sign shall be in the conformance with the Collier County
Land Development Code and in a format approved by the County. The Project
Manager shall be provided a proof of the sign format for approval prior to sign
construction.
GC-CA-J-33
168 6
EXHIBIT J
TECHNICAL SPECIFICATIONS
(CONTINUED)
MEASUREMENT AND PAYMENT
PART 1
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 folldwing:
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 Specification or applicable
permit requirements.
6. Safety precautions, traffic management, damages arising from the
nature of the work ad 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 measurement.
GC-CA-J-34
168 6
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 thr<;>ugh the Engineer.
PART 2
PAYMENT OF ITEMS
2.01 MEASUREMENT AND PAYMENT
A. Unless specified otherwise in the Bid Form, work under this Contract shall
be measured and paid for as follows:
1. Mobilization/Demobilization: Measurement for
mobilization/demobilization shall be by Lump Sum (LS) 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 from 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 expense necessary for
the start of the work, excluding the cost of construction materials,
shall be included.
2. Stormwater Pollution Plan: Measurement shall be by Lump Sum
(LS) for the project and shall be pro-rated during the construction
based upon work competed. Work shall include all labor, materials
and equipment necessary for implementation of the Stormwater
Pollution Presentation Plan. This shall include initial installation of
stormwater pollution barriers, maintenance of barrier and their
removal upon completion of work.
3. Maintenance of Traffic: Measurement shall be by Lump Sum (LS)
for the Project and shall be prorated during construction based
upon the work completed. Work shall include all labor, material and
equipment to provide a safe work zone adjacent to Old 41 and
maintain safe traffic at all driveway and roadway crossings.
4. Project Signs: Measurement and Payment shall be by Each (EA)
for the project. Work shall include all labor, material and equipment
to provide, install and maintain the Project Signs at the site. Upon
completion of the Work, the signs shall be removed and disposed
of properly.
5. Clearing and Grubbing: Measurement and payment shall be by
ACRE and shall be based upon work completed. Work shall
include all labor, materials and equipment for each Clearing and
GC-CA-J-35
168 6
Grubbing. This shall include but not be limited to: existing
vegetation and landscape rernoval and removal of miscellaneous
items or otherwise identified or compensated for.
6. Temporary and Permanent Utility Relocation: Measurement and
payment shall be per EACH (EA) identified location for water or
wastewater main relocation. Work shall include all labor, materials
and equipment for Temporary and Permanent utility relocation.
This shall include but hot be limited to: coordination with Collier
County Utility for temporary outages and other requirements;
construction of temporary bypasses; final construction of relocated
water and wastewater mains as required.
7. Utility Main Concrete Encasement: Measurement and payment
shall be per Lineal Foot (LF) of water main or force main concrete
encasement or pad over. It shall include all labor, material and
equipment necessary for excavation, concrete encasement,
backfilling and restoration.
8. Traffic Sign Removal/Reinstallation: Measurement and Payment
shall be Lump Sum (LS) for the project and shall be prorated during
construction based upon the work completed. Work shall include
all labor, materials and equipment to remove existing traffic signs,
stockpile during construction and reinstall as work progresses.
9. Culvert Removal: Measurement and Payment shall be per Lineal
Foot (LF). Work shall include all labor, materials and equipment
necessary for excavation, pipe removal as indicated, backfilling and
compacting and restoration. Shall include any end treatment.
10. Culvert Cleaning: Measurement and Payment shall be per Lineal
Foot (LF) of culvert cleaning. Work shall include all labor, material
and equipment necessary for cleaning of culvert and disposal of
removed material.
11. New Drainage Structures: Measurement and payment shall be per
EACH (EA) new drainage structure installed. Work shall include all
labor, materials and equipment necessary for installation of new
drainage structures at new and existing culverts. (Includes new
miter end sections, headwalls, catch basins, etc.)
12. Storm Culvert: Measurement and payment shall be per Lineal Foot
(LF) of storm culvert installed. Work shall include all labor,
materials and equipment necessary for installation of excavation,
pipe installation, backfilling and compacting and miscellaneous
restoration.
GC-CA-J-36
168 6
13. Valley Gutter: Measurement and payment shall be per Lineal Foot
(LF) of valley gutter installed. Work shall include all labor, material
and equipment necessary for its installation including saw cutting of
existing pavement, excavation, compacting, valley gutter
installation and miscellaneous site restoration.
14. Rip Rap Blanket: Measurement and payment shall be per Square
Yard (SY) of Rip Rap installed. Work shall include all surface
preparation and grading and Rip Rap installed. Rip Rap shall be
FDOT Rubble (Ditch Lining). Spec. 530-2.2.2.
15. Channel Realignment/Construction: Measurement and payment
shall be per Lineal Foot (LF) for the Channel
Realignment/Construction. It shall include all excavation, filling and
compacting, grading, hydroseeding and other miscellaneous work.
Approximate Cut and Fill Volume has been given on the Plan.
Each Contractor should determine the exact amount of Cut and Fill
required. No separate payment shall be made for rock excavation.
16. Clearing and Grading: Measurement and Payment shall be per
Lump Sum (LS) for clearing and grading areas identified on the
plans. Work shall include all labor, material and equipment to clear
all vegetation, dispose of property, grade and hydroseed altered
areas.
17. Drainage Swale Regrade: Measurement and Payment shall be per
Lineal Foot (LF) of drainage swale regarding. Work shall include all
labor, material and equipment necessary for clear and grub,
regrade existing drainage swale for positive outfall and restore with
bahia sod.
18. Guardrail: Measurement and payment shall be per Lineal Foot (LF)
of guardrail installed. It shall include all labor, material and
equipment necessary for the guardrail installation with the
miscellaneous asphalt pavement.
19. Guardrail End Treatment: Measurement and payment shall be per
EACH (EA) guardrail end treatment installed. It shall include all
labor, materials and equipment necessary for a competed
installation.
20. Sodding: Measurement and payment shall be per Square Yard
(SY) for installation of a 3' strip of sod immediately adjacent to all
pavement edges. This is a part of the Base Bid. Additional
sodding as directed may be completed under the Bid Alternate. It
GC-CA-J-37
168 6
shall include all labor, material and equipment necessary for
grading sod installation, watering and maintenance. until final
acceptance.
21. Hydroseeding: Measurement and Payment shall be per ACRE
(ACRE) for hydroseeding all the remainder of the channel and right-
of-way area not to be sodded or covered with rip rap material. It
shall include all labor. Material and equipment necessary for
grading, hydroseeding, watering and maintenance until final
acceptance.
22. Asphalt Pavement Overlay: Measurement and payment shall be
per Square Yard (SY) for pavement overlay installed. Work shall
include all labor, material and equipment necessary for
miscellaneous surface preparation, milling of adjacent surface as
indicated, asphalt overlay and miscellaneous restriping as shown.
23. Gravel Access Road Restoration: Measurement and payment shall
be per Square Yard (SY) for restoration of existing gravel access
roads. Work shall include all labor, material and equipment
necessary to restore existing gravel roadways.
GC-CA-J-38
EXHIBIT K
PERMITS
168 6
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 Contractor's
responsibility to read and understand all Permit and Permit Conditions.
1. NPDES/FDEP Generic Stormwater Pollution Prevention Permit
County has obtained. Permit is attached. Contractor shall transfer Permit to his
name and modify if desired.
2. Collier County Right-of-Way Permit
Contractor obtained. Owner has received preliminary approval of plans.
GC-CA-K-1
168 6
EXHIBIT L
STANDARD DETAILS
Plans and specification prepared by: Q. Grady Minor & Associates, P.A. and identified
as follows: Old 41 Stormwater Improvements as shown on Sheets 1 through 18.
DRAWING NO. DESCRIPTION
1. COVER SHEET AND INDEX OF DRAWINGS
2. GENERAL NOTES
3. OVERALL AERIAL PLAN
4. EXISTING CONDITIONS PLAN - SOUTH
5. EXISTING CONDITIONS PLAN - NORTH
6. PLAN AND PROFILE - Sta. 0+00 to Sta. 12+50
7. PLAN AND PROFILE - Sta. 12+50 to STA. 25+00
8. PLAN AND PROFILE- Sta. 25+00 to Sta. 37+00
9. PLAN AND PROFILE - Sta. 37+00 to Sta. 49+00
10. PLAN AND PROFILE - Sta. 49+00 to Sta. 61 +00
11. PLAN AND PROFILE - Sta. 61 +00 to Sta. END
12. CROSS SECTIONS - STA. 0+18 to STA. 17+64
13. CROSS SECTIONS - ST A. 18+64 to ST A. 40+67
14. CROSS SECTIONS - STA. 41+67 to STA. 61+67
15. CROSS SECTIONS - STA. 62+67 to STA. 63+67
16. GRADING, PAVING AND DRAINAGE DETAILS
17. MISCELLANEOUS DETAILS
18. MAINTENANCE OF TRAFFIC DETAILS
GC-CA-L-1
168 6
EXHIBIT M
PLANS AND SPECIFICATIONS
GC-CA-M-1
168 6
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
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GC-CA-N-1
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ITEM NO.: C51-?0: .0\ l(()
Of FlOE OF THE .16
COUN1Y ,l\TTOtiNEY . B
DATE RECEIVED:
2009 rES - 9 PM q: 32
6
FILE NO.:
ROUTED TO:
REQUEST FOR LEGAL SERVICES
)
DO NOT WRITE ABOVE THIS LINE
Date:
February 9, 2009
To:
Robert Zachary
Assistant County Attorney
From:
Brenda Brilhart
Purchasing Agent
239-252-8446
Re:
Contract # 09-5040R
Old US 41 Stormwater Improvements
Contractor: Dave Foote Environmental Construction, Inc
BACKGROUND OF REQUEST:
This contract was approved by the BCC on, January 27,2009; Agenda Item
16.B.6
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
RLS # 01'- f'l<t'--orl,,16 B 6
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name: DAIlY r;:fJtrri?
(I(J)pc,Tl!ue cioN, fr.:;(!..,
/ . J'
/Yes
~Yes
e ilJVI ~ &'uMt.ilrllt L-
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $ Z)fJQo)()QO
Products/Compl/Op Required $ \. (
Personal & Advert Required $ \. I
Each Occurrence Required $ l (
FirelProp Damage Required $ 'lP) ()6'Cl
Automobile Liability
Bodily Inj & Prop Required $ ~ imp O()()
Workers Compensation I
Each accident Required $ , )feO)OfQ
Disease Aggregate Required $ , (
Disease Each Empl Required $ I I
Umbrella Liability
Each Occurrence Provided $ 1.\) ()()t?} /)00
Aggregate Provided $ It, bl!)o (Joo
Does Umbrella sufficiently cover any underinsured portion?)
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type: Required $
County required tobe named as additional insured?
County named as additional insured?
Entity name correct on contract?
Entity registered with FL Sec. of State?
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract? . \~
If attached, expiration date of bond ~ _
Does dollar amount match contract?
Agent registered in Florida?
vYes
~es
~Yes
~Yes
Provided $ ;}, f/f!?()/~
Provided $ ( I
Provided $ I) f)/)()/CIf)O
Provided $ tl
Provided $ 5; OPt?
Provided $ t) fJf9O) ()()O
Provided $ iJ fJt')()Jooo
Provided $ II
Provided $ I 1
No
No
No
No
No
No
Exp. Date ({I(! Bt:(
EXP.Date~1
Exp. Date
Exp. Date
Exp. Date
Exp Date
cd, f I'Y1
I
\{I~/1>'9
7
~~ (f:.t.PlI2.tP(... JoaJ)
Exp Date
Exp Date
Exp Date
Exp Date 'l./ I I ()"1
Exp Date I 7
--.lLYes
Provided $
Provided $
Provided $
V'Yes
-1LY es
/'Yes
Yes
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary: ~ U't
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?
V Yes
.--1-L- Y es
~Yes
-1L. Yes
-1L- Yes
~Yes
-1L- Yes
LYes
No
Exp. Date
Exp. Date
Exp Date_
No
No
No
~No
Yes
---L--No
Yes
Yes
No
No
No
No
No
No
No
No
No
No _
Reviewer Init~
Date: d((lJiP'f
04-COA-0 03 /222
, . www.sunbiz.org - Department of State
Page 1 of2
6
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Detail by Entity Name
Florida Profit Corporation
DAVE FOOTE ENVIRONMENTAL CONSTRUCTION, INC.
Filing Information
Document Number P97000063720
FEI Number 650771121
Date Filed 07/22/1997
State FL
Status ACTIVE
Principal Address
5594 6TH STREET WEST
LEHIGH ACRES FL 33971 US
Changed 01/06/2004
Mailing Address
6091 GREENBRIAR FARMS RD
FORT MYERS FL 33905 US
Changed 04/28/1998
Registered Agent Name & Address
POMEROY, GREGG J
1701 WEST HILLSBORO BLVD
DEERFIELD BEACH FL 33442 US
Name Changed: 01/06/2005
Address Changed: 03/29/2007
OfficerlDirector Detail
Name & Address
Title PRES
FOOTE, DAVID G PRES
6091 GREENBRIAR FARMS ROAD
FORT MYERS FL 33905 US
Title VP
FOOTE, JAMES J V.P.
217 SW 44TH TERRACE
CAPE CORAL FL 33914 US
TitleST
FOOTE, DAWN L SEC/TRS
6091 GREENBRIAR FARMS ROAD
FORT MYERS FL 33905 US
Annual Reports
Report Year Filed Date
2006 04/10/2006
2007 03/29/2007
http://ccfcorp.dos.state.f1.us/scripts/cordet.exe?action=DETFIL&inCL doc _ number=P97 000 ... 2/10/2009
16B 6
ACORD",
:3 6136
:Don .. M.!lociat.e:.,9 IruJl.u:rancllt
114:1..$ ~ G~Avl1anue
F.L 34.420-
INSUlllEn
Dave Foote l!!nviz:o:amental Con.s:e:ruct:.ion
G091 G?ee:~riar Rd
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n!f~I1!PTI0N 0" Ol'gAATlONS,1.OCATlOIl$l\lEHlCl..lZS'aCLl.I$lONS A~b Sy l!NOO~~ l"I'lO\Jl$l<}NS
(23~) 252-6697
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ACORD 25 f21l0ifOO)
lNsn~iJ (/,11 'd L (
FL 34112~
l!l..'I,U!NC lK$\JREIl W!l..1.. ~V()l'l TO MAll.
II<<;lTICE TO TlfE CEJ1ITll'lCA'n:: OOmffYl !lA!\iIEJ.l .!() THI:' UEI"'!', Sl./T
Brenda Brilhart
3301 Tami~ Trail E
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168
IMPORTANT
if the holdof is an ADDITIONAL INSURED, the pOliey(i$$) l'fllist be ondorsed. A $t~tement en this
certificate does not confer rights to the certiticate holder in lleu of such
IfSU8ROQAT10N IS WAIVED. subject to the terms \1tnd oonditkms of the !iXJ!icy. certain may requIre an
firlclms$1'fwwt. .A statement on this certiiicate does not confer rights t<l the certii1cate holdsr In lieu ot such
crtdOf$ement{s) .
DISCtAJMER
The Certificate of mSiJrlll'lCe on the reverse side of this fami oDes !'lot COJt$titute a bOJ'ltracl ootween the issuing
!nsurer(s). It\uthorlzed representative or producer. and the certificate holder, nor does it affirmatively or negatively
atntmd, extend or ,;.Iter the oovel'#lge afforded by the polities listed thereon.
ACORO 25 {;2001fQ$}
INStJ2S ((11$).06 AMS
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16B 6
MEMORANDUM
TO: Jeff Walker/Ray Carter
Risk Management Department
FROM: Brenda Brilhart, Purchasing Agent
Purchasing Department
DATE: February 9, 2009
RE: Review of Insurance for Contract No. 09-5040R
Old US 41 Stormwater Improvements
Contractor: Dave Foote Environmental Construction, Inc
This Contract was approved by the BCC on January 27, 2009;
Agenda Item 16.B.6
Please review the Bonds and Insurance Certificate in this Agreement
for the above-referenced contract. If everything is acceptable, please
forward to the County Attorney for further review and approval. Also
will you advise me when it has been forwarded. Thank you. If you
have any questions, please contact me at extension 8446.
cc: Val Prince, Stormwater
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