#10-5445 (Quality Enterprises)
UNIVERSAL
ENGINEERING SCIENCES
GEOTECHNICAL EXPLORATION
PROPOSED LAKE BULKHEADS
FOREST LAKES MSTU BOND PROJECT F-53
NAPLES, FLORIDA
PROJECT NO. 0530.0900071.0000
Prepared For:
Malcolm Pirnie
4315 Metro Parkway, Suite 520
Fort Myers, Florida 33916
Prepared By:
Universal Engineering Sciences
5971 Country Lakes Drive
Fort Myers, Florida 33905
October 21, 2009
Consultants in: Geotechnical Engineering. Environmental Sciences
. Construction Materials Testing. Private Provider & Threshold Inspections
OFFICES IN: Daytona Beach. OeBary . Fort Myers. Gainesville. Hollywood. Jacksonville. Ocala . Orlando
Palm Coast. Rockledge. Sarasota. 51. Augustine. Tallahassee. Tampa. West Palm Beach
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OFFICES IN:
Atlanta
DeBary
Fort Pierce
Jacksonville
Miami
Orlando
Panama City
Jiockledge
October 21, 20ust. Augustine
West Palm Beach
UNIVERSAL
ENGINEERING SCIENCES
Consultants In: Geotechnical Engineering' Environmental Sciences
. Construction Materials Testing' Private Provider & Threshold Inspections
Malcolm Pirnie
4315 Metro Parkway, Suite 520
Fort Myers, Florida 33916
Attention:
Mr. Chris Tilman, P.E.
Reference:
GEOTECHNICAL EXPLORATION
PROPOSED LAKE BULKHEADS
FOREST LAKES MSTU BOND PROJECT F-53
Naples, Florida
Dear Mr. Tilman:
Universal Engineering Sciences, Inc. presents our report of geotechnical studies performed for the
installation of bulkheads along the shoreline for several lake areas in the Forest Lakes
development off Pine Ridge Road in Naples, Florida. The scope of our exploration was planned
in conjunction with and authorized by your firm. This exploration was performed in accordance with
generally accepted soil and foundation engineering practices. No other warranty, expressed or
implied. is made.
This report contains the results of our expiorations. an engineering interpretation of these with
respect to the project characteristics described to us, and recommendations for soil related design
parameters and construction considerations.
We appreciate the opportunity to have worked with you on this project and look forward to a
continued association. Please do not hesitate to contact us if you should have any questions, or
if we may further assist you as your plans proceed.
Respectfully submitted.
UNIVERSAL ENGINEERI G SCIENCES, INC.
1/!t;/C'1
i soy . Weaver, P.E.
Regional Manager
LNW/baa
3 cc: Client
0530.QSOOO71.000Q.wpd
5911 Country Lakes Drive - Fort Myers, FL 33905 - (239) 995-1991- Fax (239) 313-2347
Daytona
Fort Myers
Gainsvillc
Leesburg
Ocala
Palm Coast
Pensacola
Sarasota
Tampa
Clermont
Project No. 0530.0900071.0000
TABLE OF CONTENTS
Section Page
1.0 INTRODUCTION ........................................................ 1
1.1 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2.0 SCOPE OF SERVICES .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2.1 PROJECT DESCRIPTION ...........................................1
2.2 PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.3 FIELD EXPLORATION ..............................................2
3.0 FINDINGS ............................................................. 3
3.1 SURFACE CONDITIONS ............................................ 3
3.2 SUBSURFACE CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4.0 RECOMMENDATIONS ................................................... 4
4.1 GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4.2 GROUNDWATER CONSIDERATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.3 SOIL RELATED DESIGN PARAMETERS. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 5
4.4 CONSTRUCTION CONSIDERATIONS. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 7
4.5 CONSTRUCTION RELATED SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.0 LIMITATIONS .......................................................... 7
..
II
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Project No. 0530.0900071.0000
LIST OF APPENDICES
Section Page
APPENDIX A
SITE LOCATION PLAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1
APPENDIX B
BORING LOCATION PLAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1
BORING LOGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. B-2 - B-5
SOILS CLASSIFICATION CHART ...................................... B-6
APPENDIX C
SUMMARY OF LAKE SHORELINE PROBES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1
APPENDIX D
IMPORTANT iNFORMATION ABOUT YOUR GEOTECHNICAL
ENGiNEERING REPORT ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-1
CONSTRAINTS AND RESTRICTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-2
...
III
Project No. 0530.0900071.0000
1.0 INTRODUCTION
1.1 GENERAL
In this report, we present the results of the subsurface exploration for the proposed lake bulkhead
structures in Naples, Florida. We have divided this report into the following sections:
. SCOPE OF SERVICES - Defines what we did
. FINDINGS - Describes what we found
. RECOMMENDATIONS - Describes what we encourage you to do
. LIMITATIONS - Describes the restrictions inherent in this report
. APPENDICES - Presents support materials referenced in this report.
2.0 SCOPE OF SERVICES
2.1 PROJECT DESCRIPTION
We understand the project under consideration involves the installation of vinyl sheet piies along
a portion of the perimeter of eight lake areas in the Forest Lakes development. The sheet piles will
generally instailed beyond the existing shoreline with the space between the bulkhead and the
current lake edge being backfilled to re-establish the property line for the golf course.
We were provided with an aerial photograph which depicts the bulkhead iocations. We used this
aerial photograph in preparing this exploration.
Our recommendations are based upon the above considerations. If any of this information is
incorrect or if you anticipate any changes, inform Universal Engineering Sciences so that we may
review our recommendations.
The lake areas where the bulkheads will be installed are designated lakes 1, 3 thru 7, 11 and 12
in the Forest Lakes development off Pine Ridge Road in Naples, Florida. A general location plan
of the site area and locations of the lakes under consideration appears in Appendix A: Site Location
Plan.
0530.0900071.0000.wpd
Page 1 of 8
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Project No. 0530.0900071.0000
2.2 PURPOSE
The purposes of this exploration were:
. to explore the general subsurface conditions at the site;
· to interpret and review the subsurface conditions with respect to the proposed
construction; and
. to provide geotechnical engineering recommendations for soil related design parameters
and construction considerations.
Recommendations concerning other soil related considerations were beyond the scope of our
exploration. Our work did not address the potential for surface expression of deep geological
conditions, such as sinkhole development related to karst activity. This report presents an
evaluation of site conditions on the basis of traditional geotechnical procedures for site
characterization. The recovered samples were not examined, either visually or analytically, for
chemical composition or environmental hazards.
2.3 FIELD EXPLORATION
The subsurface conditions adjacent to the proposed bulkhead structures were explored with four
(4) rotary wash borings advanced to a depth of 20 feet below the existing grade adjacent to the
lake, while performing the Standard Penetration Test.
We performed the Standard Penetration Test in each of the borings according to the procedures
of ASTM D-1586, with continuous sampling performed above a depth of 10 feet, to detect slight
variations in the soil profile at shallow depths. The basic procedure for the Standard Penetration
Test is as follows: A standard split-barrel sampler is driven into the soil by a 140-pound hammer
falling 30 inches. The number of blows required to drive the sampler l-foot, after seating 6 inches,
is designated the penetration resistance, or N-value; this value is an index to soil strength and
consistency.
Our representative also probed the existing shoreline to a depth of about 4 feet below the mudline
using a y," diameter fiberglass probe rod to confirm the presence or absence of a shallow hard rock
layer.
Consider the indicated boring depths to be approximate. Our drilling crew located the borings
based upon estimated distances and relationships to obvious landmarks. Further, the borings were
located based on the aerial photograph provided to our firm.
The soil samples recovered from the soil test borings were returned to our laboratory and then an
engineer visually examined and reviewed the fieid descriptions.
Jar samples of the soils encountered will be held in our laboratory for your inspection for 60 days
and then discarded. unless we are notified otherwise.
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Project No. 0530.0900071.0000
3.0 FINDINGS
3.1 SURFACE CONDITIONS
While on site our field drilling crew performed a visual site inspection of the subject property to gain
a "hands-on" familiarity with the project area.
Although site specific topographic information was not provided, based on our representative's site
observations, it is apparent that the areas adjacent to the edge of the lakes is relatively flat and
generally comprised of a grass ground cover, shrubs and isolated trees typical of residential
landscaping. Large boulders are evident in the water and shoreline around the perimeter of most
of the lake areas.
We examined U.S.G.S. topographic quadrangle maps and the USDA Soil Conservation Service
(SCS) Soil Survey of Collier County for relevant information about the site. The Collier County soil
survey identifies generally two soil types in the lake areas on the site, as further described in Table
1 .
TABLE 1
USDA Soil Classifications
so. .t.
i
No" .
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. Name
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Shaped
Nearly level to
undulating,
somewhat
poorly drained
soils on golf
courses
INA
Varies with
amount of
fill
Limestone
rock at 47
inches
Lakes
1,3.4,5,6,
7 and 11
21
Boca Fine
Sand
Nearly level,
poorly drained
soils on
f1atwoods
BID
6 to 18
inches
Limestone
rock at 30
inches
Lake 12
3.2 SUBSURFACE CONDITIONS
The results of our field exploration, together with pertinent information obtained from the SPT
borings, such as soil profiles, penetration resistance and groundwater levels are shown on the
boring logs included in Appendix B. The Key to Boring Logs, Soil Classification Chart is also
included in Appendix B. The soil profiles were prepared from field logs after the recovered soil
samples were visually classified by a staff engineer. The stratification lines shown on the boring
logs represent the approximate boundaries between soil types, and may not depict exact
subsurface soil conditions. The actual soil boundaries may be more transitional than depicted. A
generalized profile of the soils encountered at our boring iocations is presented below in Table 2.
U530.0900Q71.0000.wpd
Page 3 of 8
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Project No. 0530.0900071.0000
For detailed soil profiles, please refer to the attached boring logs.
TABLE 2
General Soil Profile
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Very loose to loose, gray and brown, fine SAND with varyIng amounts
of rock and shell fragments [SP]
Hard Rock
Loose to very dense, gray fine SAND with varyIng amounts of silt, rock
and shell fragments [SP, SP-SM, SM]
Very loose to medium dense, gray, silty fine SAND with rock and shell
fragments ISM]
0-1.5
1.5 - 5
13 - 20'
'Termination of Deepest Boring
Bracketed Text Indicates: Unified Soil Classification
Significant variations in the depth, thickness, and consistency of the aforementioned soil strata
occurred at the individual test boring locations. A second deeper hard rock layer encountered from
a depth of 7.5 to 11 feet below existing grade at the location of test boring B-2, Additionally, a layer
of medium dense clayey sand was present from a depth of 13 to 17 feet at the location of test
boring B-3,
We measured the groundwater table at a depth of 3.5 feet beiow existing grade at the location of
test boring B-1 at the time of our exploration, The groundwater level could not be determined at the
location of test borings B-2, B-3 and B-4 as drilling fluid and rotary drilling techniques had to be
used to penetrate the shallow rock prior to reaching the water table, The apparent water table can
be expected to fluctuate with seasonal rainfall and fluctuations within the adjacent lake.
Fluctuations in groundwater levels should be anticipated throughout the year. primarily due to
seasonal variations in rainfall, surface runoff and other factors that may vary from the time the
borings were conducted.
The results of the probes performed along the shore line indicate that the shallow rock layer for the
most part appears to have been removed during the original iake excavation. There are large
boulders present on the surface of the lake bank and shoreline area around most of the lakes.
4.0 RECOMMENDATIONS
4.1 GENERAL
The following recommendations are made based upon a review of the attached soil test data, our
understanding of the proposed construction, and experience with similar projects and subsurface
conditions. If the bulkhead and wall panel characteristics or locations change from those discussed
previously, we request the opportunity to review and possibly amend our recommendations with
respect to those changes,
053().090007'OOOO,wp~
Page 4 of 8
Project No. 0530.0900071.0000
Additionally, if subsurface conditions are found during construction which were not found in the
borings, report those conditions immediately to us for observation and recommendations.
In this section of the report, we present our detailed recommendations for groundwater
consideration. soil related design parameters, and construction related considerations.
4.2 GROUNDWATER CONSIDERATIONS
Temporary dewatering may be required during panel installation, especially if construction
proceeds during the wet season or periods of heavy rainfall. Temporary dewatering will likely be
required during backfilling of the wall panels and bulkhead. We recommend that the contract
documents provide for determining the groundwater level just prior to construction and for any
dewatering measures which might be required. We recommend that the groundwater table be
maintained at least 24 inches below all earthwork and compaction surfaces.
4.3 SOIL DESIGN PARAMETERS
We recommend the soil design parameters shown in Table 3 be used for design of the
bulkhead and wall panel structures. These values should be considered approximate and
average values throughoutthe strata and are based on published information, past experience.
and the results of our field explorations.
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Project No. 0530.0900071.0000
TABLE 3
Recommended Soil Design Parameters
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COiil,iitillOnt
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.:':';,:',::" '-
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PaSSjve ........ t es
,;;",c;,-:.:::,,'.:':::C,-:'
Bulb,:c :.: . Earth
P..e$$uri)~' . . Pressure
Coeffictent:'::" Coefficient
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Soli Typii;
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',-", .,
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Very loose 105 260 .2 .39 256 6
N values 0-3
Fine sand
with or Loose 110 28' .25 36 2.77 .5
without silt, N values 4.10
rock or shell
fragments Medium
[SP,SP-SM] dense 115 30' .35 .33 3.00 .45
N values 11.
30
Very loose 115 24' .2 .42 2.37 .6
N values 0-3
Silty fine Loose
sand with 120 26' .25 39 2.56 5
shell or rock N values 4-1 0
fragments Medium
iSM] dense 125 28' 35 .36 277 45
N values 10-
30
Medium
Clayey sand dense 120 260 35 .39 256 .5
[SC] N values 10-
30
Fine sand Compacted to 115 30' 35 .33 3.00 .5
backfill rSPj 95
.. Use , - 62 cf} for soils layers below the water lable
-y
We did not include design parameters for the hard rock and dense to very dense sand with rock
strata as we anticipated these materials were removed during lake excavation or will have to be
removed or disturbed to install the wall panels and/or tie back anchors.
0530.0900071.0000,wprj
Page 6 of 8
Project No. 0530.0900071.0000
4.4 CONSTRUCTION CONSIDERATIONS
Although the probe test result indicated the shallow rock layer encountered at most of the boring
locations appears to have been for the most part removed to a depth of at least four feet during the
original lake excavation, it is unknown whether due to the sloping nature of the shoreline, the
deeper layers of dense to very dense sand with rock (fractured rock) or hard rock strata evident
below a depth of four feet at the location test boring B-2 are present below the bulkhead alignment.
Additionally, some difficulty may be encountered during wall panel installation through the medium
dense strata of sand with rock present between a depth of 5 and 10 feet due to the potential
presence of gobble and bouider size pieces of rock. The existing surficial boulders along the
shoreline will likely need to be removed to facilitate wall and bulkhead installation. Depending on
the location, the shallow rock strata may be present in the location of the tie back anchors.
We recommend the backfill for the wall and bulkhead consist of a free draining fine sand with 5
percent or less clay and silt fines. The backfill should be placed in 6 to 8 inch layers and compacted
to 95 percent of the Modified Proctor maximum dry density.
4.5 CONSTRUCTION RELATED SERVICES
We recommend the owner retain Universal Engineering Sciences to perform construction materials
tests and observations on this project. field tests and observations include verification of the
compaction of the backfill soils.
The geotechnical engineering design does not end with the advertisement of the construction
documents. The design is an on-going process throughout construction. Because of our familiarity
with the site conditions and the intent of the engineering design. we are most qualified to address
problems that might arise during construction in a timely and cost-effective manner.
5.0 LIMITATIONS
This report has been prepared in order to aid the architect/engineer in the design of the proposed
lake bulkheads. The scope of services provided were limited to the specific project and locations
described herein. The description of the project's design parameters represents our understanding
of significant aspects relevant to soil and foundation characteristics.
The recommendations submitted in this report are based upon the data obtained from the limited
number of soil borings performed at the locations indicated on the Boring Location Plan and from
other information as referenced. This report does not reflect any variations which may occur
between the boring locations or unexplored areas of the site. Such variations are expected due to
the past usage and history of the site and the apparent uncontrolled manner of backfill placed
during prior demolition operations.
Our field exploration did not find unsuitable or unexpected materials at the time of occurrence.
However, borings for a typical geotechnical report are widely spaced and generally not sufficient
for reliably detecting the presence of isolated, anomalous surface or subsurface conditions, or
reliably estimating unsuitable or suitable material quantities. Accordingly, UES does not
recommend relying on our boring information to negate presence of anomalous materials or for
estimation of material quantities unless our contracted services specifically include sufficient
expioration for such purpose(s) and within the report we so state that the level of exploration
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Project No. 0530.0900071.0000
provided should be sufficient to detect such anomalous conditions or estimate such quantities.
Therefore, UES will not be responsibie for any extrapolation or use of our data by others beyond
the purpose(s) for which it is applicable or intended.
All users of this report are cautioned that there was no requirement for Universal to attempt to
locate any man-made buried objects or identify any other potentially hazardous conditions that may
exist at the site during the course of this exploration. Therefore no attempt was made by Universal
to locate or identify such concerns. Universal cannot be responsible for any buried man-made
objects or environmental hazards which may be subsequently encountered during construction that
are not discussed within the text of this report. We can provide this service if requested.
For a further description of the scope and limitations of this report please review the document
attached within Appendix D "Important Information About Your Geotechnical Engineering Report"
prepared by ASFE, an association of firms practicing in the geosciences.
0530.0900071.QOOQwpO
Page 8 of 8
APPENDIX A
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CLIENT: MR. MALCOLM PIRNIE
FOREST LAK MSTU BOND PROJECT F-53
1300 FOREST LAKES
NAPLES, COLLIER COUNTY, FLORIDA
SITE LOCATION.PLJXiI';j
nAlE: 10-14-09 CHE:CK[D BY:
0111><0#0530.0900071.00 "1'01I' NO, N/A
DATE:
POAGE HO:
A-1
APPENDIX B
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FOREST LAKES MSTU BOND PROJECT F-53
1300 FOREST LAKES
NAPLES, COLLIER COUNTY. FLORIDA
".
MR. MA1.COLMPIRNIE
C>UWH IT' B,MB.
N~
10-14-09 ,
c:H(l:"~. ..,
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BORING LOCATION PLAN
~~ N.T.S.
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FOREST LAKES MSTU BOND PROJECT F-53
1300 FOREST LAKES
NAPLES. COLLIER COUNTY. FLOfllDA
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MR. MALCOLM PIANIE
lib"" .y, B.M.8.
Ilollt: 10-14-09
(:>liCt~IO IV,
Il...n:,
BORING LOCATION PLAN
S4LL NT-S.
~1ll:~'&S:lO.09OOO71.0000
AUWi NO; NiA -
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UNIVERSAL ENGINEERING SCIENCES PROJECT NO.: 0530.09000710000
REPORT NO: N/A
BORING LOG PAGE: B-2
LAKE BULKHEADS
FOREST LAKES MSTU BOND PROJECT F - 53
NAPLES, COLLIER COUNTY, FLORIDA
MALCOLM PIRNIE
SEE BORING LOCATION PLAN
PROJECT:
CLlENT:
LOCATION:
REMARKS:
S
A BLOWS
f.Il PER6"
P
L INCREMENT
E
DEPTH
(FT.)
o
5
10
15
20
N
(BLOWSI WT
FT)
1-2.3
5
4-15-8 23
4-9-16
25
8-5-6 11
8-5-6 11
3-4-6
10
4-5-5
10
3-8-4
-.. -.
12
2+2
3
-
BORING DESIGNATION: B-1
SECTION: TOWNSHIP:
SHEET: 1 of 1
RANGE
G.S. EL (ft):
WATER TABLE (Fl.. )
DATE OF READING:
EST W S WT ( Ft. )
Oil. TE STARTED :
3.8 DATE FINISHED:
10/9/09 DRILLED BY:
TYPE OF SAMP:
10/9/09
10/9/09
RAY
ASTM 0-1586
s
y
"
e
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L
ATTERBERG
L1MlTS
K
(eM/SEe) I
,
,
ORG.
CONT
(%)
DESCRIPTION
-200
(%)
MC
(%)
II PI
.I.
Loose. light gray, fine SAND [SP ]
Loose. orange-brown, fine SAND with rock
and shell fragments [ SP ]
Medium dense, light gray and brown, fine
SAND with silt and rock i SP-SM ]
Medium dense, light gray and brown. Silty,
fine SAND with shelllragments [ SM ]
Medium dense, light gray. fine SAND with-
.. silt, rock and shell fragments (SP-SM J' ...
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Medium dense to very loose. liQ.ht gray,
silly. fine SAND with limestone I SM ]
- Becoming very loose at 17,0 Ft.
Boring Terminated at 20,0 Ft.
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PROJECT:
CLIENT:
LOCATION:
REMARKS
UNIVERSAL ENGINEERING SCIENCES PROJECT NO: 0530.0900071.0000
REPORT NO.: NIA
BORING LOG PAGE B-3
BORING DESIGNATION: B-2
SECTION: TOWNSHIP
SHEET:
RANGE
1 of 1
lAKE BULKHEADS
FOREST lAKES MSTU BOND PROJECT F - 53
NAPLES. COLLIER COUNTY. FLORIDA
MALCOLM PIRNIE
SEE BORING LOCATION PlAN
WATER TABLE WAS NOT ENCOUNTERD AT 10FT
PRIOR TO STARTING ROTARY MUD DRILLING THROUGH
ROCK [N.E ]
G.S. EL. 1ft):
WATER TABLE ( Ft. )
DATE OF READING:
EST. WS. WT (Ft. )
S
A BLOWS
M PER 6"
P
L INCREMENT
E
DEPTH
(FT)
o
5
10
15
-I
j
20
N
(BLOWS/ WT
FT.)
s
y
M
B
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L
DESCRIPTION
-2::10
(%)
Brown, fine SAND [ SP I
.
2-3-50 ( 1")
.
Hard ROCK
53 +
'.:\:)''.'
, 0','
:tJ
." 0
50 (0)
50 +
Dense, light gray, silty. fine SAND Wllh rock
and shell fragments [ SM ].
8-12-19 31
12-20-20
Dense to very dense, light gray, fine SAND
with silt, rock and shell fragments
[SP-SM)
40
,
9-20 50 ( 5" 70 +
Hard ROCK
50(1") 50+
5011") 50+
Loose, light gray, silty, fine SAND with
limestone and shell fragments [ SM ]
3-4-3
7
2-3-3
6
Boring Terminated al 20.0 Ft.
I
DATE STARTED:
N.E. OATE FINISHED:
10117109 DRILLED BY
TYPE OF SAMP:
10/Hf09
10/17/09
RAV
ASTM 0-1586
Me
(%)
ATTERBERG
LIMITS
K
(eM/SEe)
ORG
CONT,
(%)
lL PI
i.
,
g
UNIVERSAL ENGINEERING SCIENCES PROJECT NO.: 05300900071.0000
REPORT NO.: N/A
BORING LOG PAGE, B-4
PROJECT
CLIENT
LOCATION
REMARKS:
DEPTH
{FT.)
S
A BLOWS
M PER 6~
P INCREMENT
L
E
N
(BLOWS! W.T
FT)
o
5
6-5-5 10
2-3-6
9
9-50 ( 1")
50 +
50 ( 1")
50 +
50 ( 1")
50 +
14-12-11 23
7-7-B 15
10
15
.>5.6
1 1
20
... .4-3-2.
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BORING DESIGNATION, B-3
SECTION: TOWNSHIP
SHEET 1 of 1
RANGE
G.S. EL (ft):
WATER TABLE (FL ):
DATE OF READING,
EST W.S. WT. ( Ft. )
DESCRIPTION
-200
(%)
LAKE BULKHEADS
FOREST LAKES MSTU BOND PROJECT F - 53
NAPLES. COLLIER COUNTY, FLORIDA
MALCOLM PIRNIE
SEE BORING LOCATION PLAN
WATER TABLE WAS NOT ENCOUNTERD AT 1.0 FT.
PRIOR TO STARTING ROTARY MUD DRILLING THROUGH
ROCK [N.E ]
Loose, brown. fine SAND with rock and
shell fragments [ SP ]
Hard ROCK
Medium densel brown, fine SAND with silt,
rock and shell ragments [ SP-SM ]
Medium dense to loose, light gray, silty, fine
SAND with rock and shell fragments [ SM ]
Medium dense, greenish-gray, clayey, fine
SAND[SC)
Loose, light gray. sillv. fine SAND with
limestone and shell fragments I SM ]
Boring Terminated at 20.0 Ft.
DATE STARTED,
N.E. DATE FINISHED:
10/9/09 DRILLED BY:
TYPE OF SAMP:
10/9/09
10/9109
RAY
ASTM D-1586
MC
(%)
! ATTERBERG
LIMITS
K
(eM/SEe)
ORG.
CQNT.
(%1
LL PI
g
PROJECT;
CLIENT
LOCATION;
REMARKS:
UNIVERSAL ENGINEERING SCIENCES PROJECT NO.: 0~300900071.0000
REPORT NO.: NIA
BORING LOG PAGE: B-5
S
A BLOWS
M PER 6"
P
l INCREMENT
E
LAKE BULKHEADS
FOREST LAKES MSTU BOND PROJECT F - ~3
NAPLES, COLLIER COUNTY, FLORIOA
MALCOLM PIRNIE
SEE BORING LOCATION PLAN
WATER TABLE WAS NOT ENCOUNTERD AT 2.~ FT.
PRIOR TO STARTING ROTARY MUD DRILLING THROUGH
ROCK[NE]
DEPTH
(FT.)
o
15
20--. -
I I
N
(BLOWS! WT
FT_)
1-2-2
4
2-3.50 ( 3" ) 53 +
~-5-~
10
3.3.2
5
s
y
M
e
o
L
BORING DESIGNATION: 8-4
SECTION TOWNSHIp.
SHEET: 1 of 1
RANGE
G.S EL 1ft):
WATER TABLE (H ): N.E.
DATE Of READING 10/9/09
EST W.S. W.T. (fl )
DATE STARTED:
DATE FINISHED:
DRILLED BY:
TYPE OF SAMP:
10/9/09
10/9/09
RAY
ASTM 0.1586
DESCRIPT,ON
-200
(%)
Me
(%)
ATTERBERG
LIMITS
K
(eM/SEG)
ORG
CONT
(%1
LL PI
Very loose. gray and brown, fine SAND with
rocK [ SP ]
Hard ROCK
Loose, gray, silty, fine SAND with rock and
shell fragments [ SM ]
Boring Terminated at 20.0 Ft
UNIVERSAL ENGINEeRING SCIENCES
KEY TO BORING LOGS
TERMS DESC8!P.:ING CONSISTEPjCY OR COND.t!fQN
COARSE-GRAINEDSOILS (major ponions l'8l1i1ined on No. 200 sieve): includes (1) dean
gravel and sands and (2) siUy or clayey gfBvel,s and sands. Condilion is rated QCCC1ding to
relativa density as determined by labOl'atory tests 0( standaro peneu.tion resistance tests.
FINE-GRAlNED SOilS (major portions passing on No. 200 sieve): includel (1) inorganic and
Qrganic sOts and day!., (2) gnlVeUy, sandy, or 5i1ty clay!!, and (3) clayey silta. Consislency ia
rated aCCOrding to shå ~tren"th. as indicated by penetromete.. readings, SPT blow COtlnt,
or unconflnect compression tests.
Uncoatlned Compressive
o.aeriDtiVIt Terms ~ SPT I!.fow Cg,""t
Vsrysofl: <25 <2
Soft 25 tCI 50 2t04
Mediumsttlf SOta 100 01 toll
Stiff 100lr:l200 8t015
Very stiff 200iD400 15to30
Hard > 400 > 30
~"
1. Cla!lsi'~t1ons are based on the United Soi Classification
System ana include consi5tenc:y, moisture, and color. Field
descriptions hElve been modifiecllO ref\.eQ results ct laboratOl)' tests
where deemed appropriate.
Plit8cl'fpt)ve Terms
Very loose
Lo~.
Medium dense
Dellse
Very dense
R.llltiv. Otinsity
OtD15%
1151035%
35 to 65 %
65to6S%
8510100%
SPT alow Count
<4
4 to 10
101030
30toSQ
;. 50.
2.. Surface elavatiOfls are baHd on toPogtllphfc maps and estimated
tocationa.
3. Oescriptlonll on the:!!e boring logs apply o~y at the specific
boring locations ai'ld at the time the borings were made. They are
not guaranteed to be re~!lentatIve of subaurflll:e cofldilions at other
klcations or times.
SYM~OLS
%
Meaaured Water
Table Levo/
"J.
E:stimatod Sasonal
High Wa.. Table.
Group ..
MajarOlvislotls Typical Names LaboralOry Cla1l5lficatlol\ Criteria
Symbots
-.1 GW V\Ie.~nsdetd gravels, Yl'aV81-lland O. .. to )2 bellNaanlll/'l<l3 0
ji C..-gnaal...- "'4; C = 1Il - 0
;g mOOr.inu, litUo Of no fine. It a'Q c O,d;( Old .0 ~ - ~
.~ 0 .
-. !. !~ 3 3 3
z" ~ 0 0
" Si Pocriy-graded gt!l...elll, QI1I...el-sand ~ -
.- ,,~ GP Natmeetingall-gtIlC1allonreqJlrament:iIorGW .
. tJ. mixture., little or no flMS "11 .
~ 0
-. ",!! !~ I 0
1l <:I~! lid Silty gravel., gravel.5aOO-silt .t!
GM i!, ~ A.tIarb.g 6rni11 below"A- {/)
0 fi mbctures ~ "'lllfPJ.IIUtI\IM'14 Abo...."A..,.w1I1lP.J. 0
Z 6~_ . betwean 4 ~ 7 _lxI'08r_ .s.!
-. .... ~U ~l;l~ hi CUlS reqyidng USI a "
1!6 ". .. !t~ Clayey Ql1Ivela, gravel~5and-5i1t A~limibillbQvll~"'~ M
I: ;!.- S~~ GC duSl sjllTltlQr "-
mixtures ij" '" .~ inallfP.I. greateflh8n 7
.2
q i'i"'- ~ '" 0
n ..,. d '" ~
" VVeU-gradlSd sancll, 91'Clvelty sands, ."S .~ N .
j. ,~ i3"'~ Do , . 3
SW i-I grNl.rlhan6;c", (D:ll,l) between 1 and 3 3
litlla or no fines o. ~~i c._ .0 . N 8
li.~ i~; II 0'0 . COld lI. Om V S .
.~ .. "
~l Ii" 0
! -~-
S' ~;l! SP PoorIy-graded sanda, gra"'elly sliIOd:J, "~1! ' ,~ Not milling iii gradalion requirements. far SW
! ..8"': " littls or na fines i-J Oi
c jd 8(
.
s "'H . - AUemwg limits below "A-
. ~..= SM S~ty sands, sand-silt mixtures ~. ~-"
- Iin.crp.l.llIlllhen-4 Abo.....A.klUwilhP.I.
" H 110 !t~
~ ~f! . <l " .
h~ between 4iInCJ 7 IlnI blX't:l!lj'. .0 i .
- ~i _.- liDer.aseal"<<lUinrquseof 0 ~ i .! ~
-.. - 0
~~ . . . - At\ertlen;Illmil$atJove"AM . 2 "
::ii.!':' SC Clayey sands, sand-clay mixture$ _2~ dulll.rm~olS ::; - ~
~ ~ - '"
- .- IrlItorp.l. !ifuterll'lan 7
'" . {/)
ID Inorganic silts and very fmll $Bnds, 0/"
ML roct floor, silty or clayey fine $ands .. 71...~>
. or dlllYey silts wilh sltght pla!lUcity O'OIIl<:lAflP'lC,o,"""""FIf<~.:JlI.~ . C
. itI""~ fnotganic clays of low to medium ~lNI:-GlAlIIEDfIl.OCnClttQF~JOII!D.QUl " i\ ~ N ~
> -, . > . -
, ""J! ~ :~'/ .~ .
- CL plesticity, gravelly clays, sandy days, .~ 9 " 9
0 ~~- ~~ <n .;:;;
~ silty days, lean clays :; r
-;I:" " 0 ,,~ N
~ . / o~ !/ -
. ~ . I , < .~
z I Organic silts and organic liiiity days '" ; I
" , OL ." / / ,,-Or v [
. I of low plasticity ~ ID
.0 I~I I I
~: I
-. ~"
.- l,norgSlnic Silts, mlcac90U$ or di&to-- I /1/ 1/ I .
~~ ~ I ! ~ji!;
MH maceous tine sandy Of Silty soils, i ~
.- . -~ , .;
". j organic silts , .
~:;; . ~ i I ~ //:0'- /1 I IE - ~, I~
, 3 };!Ig .E
-- f , I
.- , -
.. :Jj, ! Inor~llnlc days. of high piasticity, ! 20 ' <I- ,! . ,e ~ -1"1"
~- , , , ~ ~ .-
. CH / 'y , MHI ~ Ie. a
c "E':j=o I ;fliltC!ii1YS , "~ ~ , I I v
. ., . . " OH , , ~
11 , I ! I ,
ll~iii , ,
=, ,- . "
""-'1/ . ; '''l', .'.4L ,,; Ol i . ,
'II on ." , , , , ,
: Organic days of medium to high ,
jj OH , -l~ '0 '.CU ~q 4 _ ~ __~ '" , ,
' pJasocity, organic sills " w '10 ,
. ra
""1"
CJQlJIlJUMlTfllJ ,- iI
~, -
.E , " ii' ..
~I ..;I , . . jll,g
~~. , PI : Peat and other highly organic seils d ~
- PlastiCity Chart :;;
-= :I~"1
-,
- - .
\
. .,'-hen l~ oarcent p;Jsung ;I ~O. ..00 SleVllS be"""";;I~;;1'IO .:;!%. 4 CUal.$yrnooj IS ....SKI to oenoll!l tile sod
"'or elta/'ntlle: SP.SC. XiQrl...-gradeosana wlLh ctilV c.:rllenl tJ,erweMl 5* ana 12'!'..
,
.
APPENDIX C
-
.
SUMMARY OF LAKE SHORELINE PROBES
Pond 11 Loose boulders along water's edge, no hard rock in bottom of pond to 4'
Pond 12 Loose boulders along water's edge, large rocks in footprint of wall
Pond 4 Loose rocks along edge, rocks in footprint of wall, deep water @ edge 4'+
Pond 3 Loose rocks along edge, no hard rock in bottom of pond to 4'
Pond 5 Loose rocks along edge, no hard rock in bottom of pond to 4'
Pond 6 Loose rocks along edge, no hard rock in bottom of pond to 4'
Pond 7 Loose rocks along edge, no hard rock in bottom of pond to 4'
Pond 1 Loose rocks along edge, no hard rock in bottom of pond to 4'
C-l
APPENDIX D
-
\
\
Important Information About Your
G80t.hn
in88rina Report
Subsurface roblems are a rinci al cause of construction deja s. cost overruns. claims. and dis utes
<
The lollowin information is rovided to hel ou mana e our risks
Geotechnical Services Are Performed for
Specific Purposes, Persons, and Projects
Geotechnical engineers structure their servicee to meet the
specific needs of their c1lente. A geotechnical engineering
study conducted for a civil engineer may not fulfill the needs of
a construction contractor or even another civil engineer.
Because each geotechnical engineering study is unique: each
geotechnical engineering report is uniqUely prepared for the
client. No one except you should rely on your geotechnical
engineering neport without first confiding with the geotechnical
engineer who pnepared it. And no one-not even you-should
apply the report for any purpose or project except the one
originally contemplated.
,
A Geotechnical Engineering Report Is Based on
A Unique Set of Project Specific Factors
Geotechnical engineers consider a number of unique project
specific factors when establishing the scope of a study.
Typical factors inctude: the c1lenfs goals, ob]ectivee, and risk
management preferences; the general nature of the structura
involved, Its size, and configuration; the location of the
structure on the site: and other planned or existing site
improvements, such as accees roads, parking lots, and
underground utilities. Unless the geotechnical engineer who
conduced the study specifically indicates otherwise, do' not rely
on a geotechnical engineering report that was:
. not prepared for you,
. not prepared for your project
. not prepared for the specific site explored, or
. completed before important project changes were mada.
Typical changes that can erode the reliability of an existing
geotechnical angineering report include those that affect:
. the function of the proposed structure as when ifs
changed from a parking garage to an office building, or
from a .Iight Industrial plant to a refrigerated warehouse,
elevation, configuration, location, orientation, or weight of
the proposed structure,
composition of the design team, or
project ownership
As a general rule, always inform your geotechnical engineer of
project changes-even minor ones-and request an assessment
of their impact. Geotechnical engineers cannot accept
responsibility or liability for probleme that occur because their
reports do not consider developments of when they were not
informed.
I
Subsurface Conditions Can Change " i
A geoteChnical engineering report is based on collCl_ that
existed at the time the study was performed. Do not ~ on a
geotechnical engineering report whose adequacy mwhave
been affected by the passage of time; by man-made events,
such as construction on or adjacent to the site; or by nlllural
evente such as fiood, earthquakes. orgroundwaterfluctwltlons.
Always contact the geotechnical engineer before appll'il'lg the
report, to determine if it Is still retiable. A minor anlOunt of
additional testing or analysis could prevent major probilllls.
.
.
.
Most Geotechnical Findings Are
Professional Opinions
Sile exploration identified subsurface conditions only at those
points where subsurface tests are conducted or sample. are
taken. Geotechnical engineers review field and laboratoty data
and then apply their professionat judgement to render an
opinion about eubsurface conditions throughout the sile. Actual
subsurface conditions may differ-sometimes significantly-from
those indicated in your report. Retaining the geotechnical
engineer who developed your report to provide conatr\lC!ion
observation is the most effective method of managing m. risks
associated with unanticipated condilione.
.
A Report's Recommendations Are Not Final
Do not over rely on the construction recommendations
included In your report. Those recommendations are not final
because gsotechnical englnaetll develop them princlpatly~
Judgement and opinion. Geotechnical engineers can finalize
their recommendations only by observing actual subsulface
condftlons revealed during construction. The geot8chnical
engIneer who dllV8loped your report cannot assume
responsibillly or liability for the report's recommendations if
that engln_ doee not perform construction observation.
A Geotechnical Engineering Report Is Subject
to Misinterpretation
Oth~r design team members' mieinterpretation of geotechnical
engrneenng reporte has resuned In coefly problems. lower
that ris~ by having your geotechnical engineer confer With
appropnate members of the design team after submitting the
rep~rt. Also, retain your geotechnical engineer to review
pertment. elements of Ule design team's plans and
speCIfications. Contractors can also misinterpret a
geotechnical engineering report. Reduce that risk by having
your geotechnical engineer perticipate in prebid and
preconetructlon conferences, and by providing construction
observallon.
Do Not Redraw the Engineer's Logs
Geotechnical engineers prepere final boring and testing logs
based upon their interpretation of field logs and laboratory
data. To prevent errors or omissions, the logs induded in a
geotechnical engineering report should never be redrawn for
induslon in architectural or other design drawings. Only
photographic or electronic reproduction is acceptable, but
recogRlze that separating logs from the report can elevate riSk,
,
Give Contractors a Complete
Report and Guidance
Some owners and design professionalS mistakenly believe
they can mak~ co~tractors liable for unanticipated subsurface
conditions by hmlting what they provide lor bid preparation. To
help prevent cosily problems, give contractors the complete
geotechnical engineering report, but prelace it With a dearly
wRlten lelter 01 transmittal. In that leiter, advise contractors
that the report was not prepared for purposes of bid
developmenl and that the reporfs accuracy is limfted;
ASFE
encourage them to confer wilh the geotechnicai engineer who
prepared the report (a modest fee may be required) and/or
conduct additional study to obtain tha specific types of
information they need or prefer. A prebld conference can also
bs valuable. Be sure contractore have sufficient time to perform
additional etudy. Only then might you be In a position to give
contractors tha best information available to you, while requiring
them to at least share some of tha financial responsibililles
etemmlng from unanticipated condftions.
Read Responsibility Provisions Closely
Some diente, design professionals, and contractors do not
recognize that geotechnical engineering is far less exact than
other engineering dlsclplinas. This lael< of understanding hae
created unrealistic expectations that have led to
disappointments, claims, and disputes. To help reduce such
risks, geotechnical engineers commonty include a variety of
explanatory provisions in their reports. SomeUmes labeled
"limftaUons; many of these. provisione indicate where
geotechnical engineer'e responsiblliUee begin and end, to help
others recognize their own responsibilities and risks. Read
these provisions closely. Ask queslions. Your geotechnical
engineer should respond fully and frankly.
Geoenvlronmental Concerns Are Not Covered
The equipment. techniquee, and personnel used to perform a
geoenvironmental study differ significantly from those used to
perform a. geotechnical study. For that reason, a geotechnical
engineering report does not usually relate any
geoenvironmental findings, conclusions, or recommendations;
e.g., about the likelihood 01 encountering underground storage
tanks or regulated contaminants. Unanticipated environmental
problems have led to numerous project failures. If you have not
'yet obtained your own geoenvironmental Information, ask your
geotechnjcal consultant for risk managemenl guidance. Do not
rely on an environmental report prepared for someone else.
Rely on Your Geotechnical Engineer for
Additional Assistance
Membership in ASFE exposes geotechnical engineers to a Wide
array of risk management techniques that can be of genuine
benefit for everyona involved with a construction project.
Confer with your AS FE-member geotechnical engineer formore
infonnation.
PROFESSIONAL
FIRMS PRACTICING
IN THE GEOSCIENCES
8811 Colesville Road Suite Gl06 Silver Spring, MD 20910
Telephone: 301-565-2733 Facsimile: 301-589-2017
email: info~asfe.org www.asfe.orq
R~:'~f9SB by ASFE, Inc. Unkl:u ASFE grar:'l.t written ~Uioo 10 do 80, .aupricalion cA ItJia documew1t by any fn8lIf\I whatsoever is ellp(essIy prohibited.
WCl1dng In Ihia doct.nonI In MloI8 or In pat, alae IStU:pfl!lM/y ~bllea. and may be cion. only..;u,!he 8lCp(ess permission cA ASH orforpurposaa
afrevilrNorad1olwiyre3earch
IIGER0698J.5M
.
.
CONSTRAINTS AND RESTRICTIONS
.
\ WARRANTY
Universal Engineering Sciences has prepared this report for our client for his exclusive use, in
accordance with generally accepted soil and foundation engineering practices, and makes no other
warranty either expressed or implied as to the professional advice provided in the report.
UNANTICIPATED SOIL
The analysis and recommendations submitted in this report are based upon the data obtained from
soil borings performed at the locations indicated on the boring Location Plan. This report does not
reflect any variations which may occur between these borings.
The nature and extent of variations between borings may not become known until excavation
begins. If variations appear, we may have to re-evaluate our recommendations after performing
on-site observations and noting the characteristics of any variations.
CHANGED CONDITIONS
We recommend that the specifications for the project require that the contractor immediately notify
Universal Engineering Sciences, as well as the owner, when subsurface conditions are
encountered that are different from those present in. this report.
,
.
No claim by the contractor for any conditions differing from those anticipated in the plans,
specifications, and those found in this report, should be allowed unless the contractor notifies the .
owner and Universal Eggineering Sciences of such changed conditions. Further, we recommend
that all foundation work and site improvements be observed by a repretentative of Universal
Engineering Sciences to monitor field conditions and changes, to verify design assumptions and
to evaluate and recommend any appropriate modifications to this report.
MISINTERPRETATION OF SOIL ENGINEERING REPORT
Universal Engineering Sciences is responsible forthe conclusions and opinion contained within this
report based upon the data relating only to the specific project and location discussed herein. If
the conclusions or recommendations based upon the data presented are made by others, those
conclusions or recommendations are not the responsibility of Universal Engineering Sciences.
CHANGED STRUCTURE OR lOCATION
Thi.s report was prepared in order to aid in the evaluation of this project and to assist the architect
or engineer in the design of this project. If any changes in the design or location of the structure
as outlined in this report are planned, or if any structures are included or added that are not
discussed in the report, the conclusions and recommendations contained in this report shall not be
considered valid unless the changes are reviewed and the conclusions modified or approved by
Universal Engineering Sciences.
\
.'
USE OF REPORT BY BIDDERS
Bidders who are examining the report prior to submission of a bid are cautioned that this report was
prepared as an aid to the designers of the project and it may affect actual construction operations.
Bidders are urged to make their own soil borings, test pits, test caissons or other investigations
determine those conditions that may' affect construction operations. Universal Engineering
Sciences cannot be responsible for any interpretations made from this report or the attached boring
logs with regard to their adequacy in reflecting subsurface conditions which will affect construction
operations.
STRATA CHANGES
Strata changes are indicated by a definite line on the boring logs which accompany this report.
However, the actual change in the ground may be more gradual. Where changes occur between
soil samples, the location of the change must necessarily be estimated using all available
information and may not be shown at the exact depth.
OBSERVATIONS DURING DRILLING
Attempts are made to detect and/or identify occurrences dUring drilling and sampling, such as:
water level, boulders, zones of lost circulation, relative east or resistance to drilling progress,
unusual sample recovery, variation of driving resistance, obstructions, etc.; however, lack of
mention does not preclude their presence.
WATER LEVELS
\
Water level readings have been made in the drill holes during drilling and they indicated normally
occurring conditions. Water levels may not have been stabilized at the last reading. This data has
been reviewed and interpretations made,in this report. However, it must be noted that fluctuation
in the level of the groundwater may occur due to variations in rainfall, temperature, tides, and other
factors not evident at the time measurements were made and reported. Since the probability of
such variations is anticipated, design drawings and specJfications should accommodate such
possibilities and construction planning should be based upon such assumptions and variations.
LOCATION OF BURIED OBJECTS
All users of this report are cautioned that there was no requirement for Universal Engineering
Sciences to attempt to locate any man-made buried objects during the course of this exploration
and that no attempt was made by Universal Engineering Sciences to locate any such buried objects
which are subsequently encountered during construction that are not discussed within the text of
this report.
TIME
This report reflects the soil conditions at the time of investigation. If the report is not used in a
reasonable amount of time, significant changes to the site may occur and additional reviews may
be required.
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Forest Lakes MSTU Project F.53 Quail Run Lake Shoreline
Restoration & Stabilization
BID NO. 10.5445
Full Name of Bidder Quality Enterprises USA, Inc.
Main Business Address 3894 Mannix Drive, Suite 216, Naples, FL 34114-5406
Place of Business Same
Telephone No, 239-435-7200
Fax No. 239-435-7202
State Contractor's License # CBCA57~CUC057398
State of Florida Certificate of Authority Document Number F95000002550
Federal Tax Identification Number 54-0947002
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the oniy 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 consfruction, including utility and transportation services
necessary to do all the Work, and furnish all the materiala 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 payrnent the sums set forth In the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and in the case
where further decimal points are inadvertently provided, rounding to two decimal
points will be conducted by Purchasing staff,
NOTE: If you choose to bid, please submit an
ORIGINAL and ONE COPY of your bid pages.
GC..P-1
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MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and
materials outlined in this Bid specifications. Exceptions (when equals are acceptable)
may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not
approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in
the specification. Acceptance of this form does not constitute acceptance of material
proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials In Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials
as specifically outlined in the Bid specifications.
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL
EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
GC-P-3
LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON.RESPONSIVE
The undersigned states that the following Is a list of the proposed subcontractors for the
major categories outlined In the requirements of the Bid specifications.
The undersigned acknowledges Its responsibility for ensuring that the Subcontractors
for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and
Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and
necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, registrations and Insurance coverage. The Owner reserves the right to
disqualify any Bidder who Includes non-compliant or non-qualified Subcontractors In Its
bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any
Subcontractor, at no additional cost to. Owner, which is found to be non-compliant with
this requirement either before or after the issuance of the Award of Contract by Owner.
(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
quaiified as noted above.
Major Category of Work
Subcontractor and Address
1.
Sod
T1"iplp .1
Fort Myers, Florida
2.
3.
4,
5.
GC-P-4
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder Is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
1.
951 Boat Ramp Park:l,E>!L~ot Expansion
Naples, Florida
2.
Aqui Esta Drive Improvementll.___
Punta Gorda, Florida
3.
Reference
Clint Perryman, Collier County
Coastal Zone Management Dept.
239-252-4245
Ke~1y. Slaughter
Charlotte County
941-575-3657
lliamuJlcl ~pri ngH ROHcl Bd dglLRa]llacement_.Chri atophlU:...Ro;l_t.ow.il:Z.... 1'. R. 1'roj. Mgr.
Virginia Beach. Virginia City of Virginia, Public Works Engineerin!
757-385-4131
4.
North Collier Boulevard Improvements
Marco Island, Florida
5.
Repair Aircraft Parking Apron and
.Bulkhead. SP Area, Phase.l__~~fll
Station, Norfolk, Virginia
6.
Dated.-Ul9/10
BY:
GC.P.5
_Mike .1laniel,....J1gr. Infrastructure Const.
City of Marco Island
239-825-9554
Ray Mangl1R
Vanguard Contractors
..J51.-813-1225
Quality Enterprises USA. Inc.
Bid
~)
~
Gaudio, Vice President
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990, The Bidder further identifies the cost to be summarized
below:
Failure to complete the above may result in the Bid being declared non-responsive.
Dated 3/10/10
Quality Enterprises USA, Inc.
Bidder
C--~
BY:
Louis J, Gaudio, Vice President
GC-P-6
~~
Adminlslrnlive SeMoea DMalG\t'1
PurCl1lltllnl)
Affidavit for Claiming Status as a Local Business
Bid #:10-5445. Forest Lakes MSTU Project F-53 Quail Run Lake Shoreline Restoration & Stabilization
(CHECK ApPROPRIATE BOXES BELOW)
State of Florida (Select County If Vendor Is described as a Local Business
[RJ Collier Cou nty
o Lee County
Vendor affirms that it Is a locai business as defined by the Purchasing Policy of the Collier County Board oLcounty
Commissioners and the Regulations Thereto.
As defined in Section XI of the COllier County Purchasing Policy;
A "local business" Is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased, and a physical business address iocated within
the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are
not verifiable and shail not be used for the purpose of establishing said physical address. In addllion to the
foregoing, a vendor shall not be considered a "local business" unless It contributes to the economic development
and wall-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and Increase to either Collier or
Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County,
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to
be eligible for consideration as a "local business" under this section.
Vendor must complete the following Information:
Year Business Established in IZ]Collier County or 0 Lee County: 1994
Number of Employees (Including Owner(s) or Corporate Officers): 128
Number of Employees Living in rxJ Collier County or 0 Lee (Including Owner{s) or Corporate Officers): 30
If requested by the County, vendor will be required (0 provide documentation substantlaiing the information given in this
affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name: r~~::t"aa lISA,
Signature: _
Louis J. Gaudio
STATE OF FLORIDA
Iuc..----
Date.
3/10/10
Title:
Vice President
rn COLLIER COUNTY
o LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 10th
March~i/!wJln-_
Notary Public
My Commission Expires: 2/11/14
Day of
(AFFIX OFFICIAL SEAL)
MARCIE L COHEN
MY COMMISSION IOD940581
,IE EXPIRES: Fobruary 11, 2014
Boo.ded Thrll Nolary Public Urmrw'llers
GC.-P-7
.s&. CountJI
-. ....
. 1Iill~_. b.......
Adminielruttive Services Division
Purehaalng
Immigration Affidavit Certification
Bid # :10-5445
Title: Forest Lakes MSTU Project F-53 Quail Run Lake Shoreline
Restoration & Stabilization
This Affidavit Is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposais (RFP) submittals. Failure to Include this Affidavit with
proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's
proposal being deemed non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained In 8 U.S.C. Section 1324 ale) Section
2l4A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Seotlon 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendme.nt(s)) and agrees to abide by Collier County Employment Eligibility Verification
System requirements regarding this solicitation.
Company Name
Oualitv Enterprises USA. Inc.
Print Name
Signature
C~i~-
Title.Jl..t..c.e-. "PYPR-li!pnt
Date 3{10110
STATE OF Florida
COUNTY OF Collier
The foregoing Instrument was signed and acknowledged before me this 10'H, day of. March
20.lQ.. by
Louis J. GamHn
(Print or Type Name)
N/A - known
(Type of Identification and Number)
~tt~.
No ary Public Signature
who has produced
as Identification.
~"'#".. MA
i' :"lii1 RCIE l. COHEN
fo \,\ MYCOMMISSIONIDO~40581
I, : I EXPIRF.S: February 11, 2014
I . Bonded T~::!. N.o!~,~b.nc.UI~derwrlters
Marcie L. Cohen
Printed Name of Notary Public
DD 940581 / Februarv 11. 2014
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time, to request
supporting documentation as evidence of the vendor's compliance with this sworn affidavit.
GC-P-8
Upon notification that Its Bid has been awarded, the Successful Bidder will 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 Suocessful 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)
commenoement date. The undersigned further agrees to substantially complete all work
covered by this Bid within one hundred and twenty (120) consecutive calendar days,
cornputed by excluding the commencement date and including the last day of such period, and
to be fully completed to the point of final acceptance by the Owner within twenty (20)
consecutive calendar days after Substantial Completion, computed by excluding
commencement date and Including the last day of such period.
Respectfully Subrnitted:
State of Fl ori ~~
County of Collier
Louis J. Gaudio , being first duly sworn on oath
deposes and says that the Bidder on the above Bid is organized as indicated and that all
statements herein made are made on behalf of such Bidder a'nd that this deponent is authorized
to make them.
Louis J. Gaudio , 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.
(a) Corporation
The Bidder is a corporation organized and
Virginia , which operates
Quality Enterprises USA, Inc.
as follows:
existing under the laws of the State of
under the legal name of
, and the full names of its officers are
GC.p.g
President___Bowar~L~~-"_!..rel1 _______
Secretary
Stacey L. Murrell
Treasurer
Manager
The- ___ Is autnorizedlo-stg1lCUnstrtleti(,)A-(:)ids_~nd
c~nt ra fL-fer--th", GOIflPaJ1y--by--a. -ction-(')f---its--BearGl--ef=---.Dlr.ectors--takei'l"'-
_ , a-certlfleTI COpy uhvhieA-i8-l:1et:e1o...attached (.strike-out-this
I liille.a::lf_i:1Qt-a",pllc-a15ie). --
(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) jndivldual
The Bidder is an individual whose full name is
operating under a trade name, said trade name is
, and if
legal entity
BY: Quality Enterprises USA. Inc.
Name of Bidder T _ ed)
-.-
s :r;-- Gaudio
Vice President
Title
3894 Mannix Drive, Suite 216
Naples, FL 34114-5406
Incorporated in the State of Virginia
GC-P-10
STATE OF Florida
COUNTY OF Collier
The foregoing Instrument was acknowledged before me this JOth day of March , 2010,
by Louis J. Gaudio as Vice lresid!lllt of
Ouality Entel1lrises USA. Inc. ,a Virgini R corporation, on behalf of the
corporation. He/she is personally known to rne or has produced
N / A as identification and did
(did not) take an oath.
~~~-
(Signature of Notary)
My Commission Expires: 2/11/14
MARCIE L. COHEN
MY COMMlSSKlN I DO 9-10661
EXPIRES: February 11, 2014
DOI1dellThru NotflrvPubl\GUnoorwr~ars
NAME:
Marcie L. Cohen
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of Florida
Commission No,:. DD 940581
GC-P-11
BID BqND
KNOW ALL MEN BY THESE PR~SENT8. that we Quality Enterprises USA, Inc.
(herein after called the Principal) and
. Travelers Casualty and Surety Company of America , (herein called
the Surety), a corporation chartered and existing under the laws of tha State of
Connecticut with Its principal offices In the olly of . Hartford . and
Sluthorlled to do puslness In the State of florlda are held and firmly bound
unto the Board of County Commissioners, Collier County, FL (hereinafter called the
Owner), In the full and Just sum of"'. .Flve-Percent.of.AmounI>-Bld.
dollars ($.6%,of.Bld-. ) good and lawful motley
of the United States of America, to be paid upon demand of the Owner, to whloh
payment well and truly to be made, the Prlnolpal and the Surety bind themselves, their
heirs, and exeoutDrs, admInistrators, and 8sslgn8, Jointly and severally and firmly by
these presents.
Whereas, the Principal Is about to submit, or he1s submlttad to the Owner, a Bid 'for
furnishing all l21bor, materials, aqulpment and Incidentals necessary to furnish, Install,
and fully complete the Work on the ProJeot known as:
f'orest lakes MSTU Project P.S3 Quail Run Laka Shoreline
Restoration & Stabilization
Bid No. 10-5445
NOW, THERErOR.E, If the Owner shell acoept 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 wrlUen Notice of Award In accordance with the terms of such Bid, find
give suoh bond or bonds In an amount of 100% the total Contract Amount as speclfled In
the Bidding Documents or Oontraot Documents with good and sufficient 8urety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
eLlpplles furnished in the prosecution thereof or, In the event of the failure of the
PRINCIPAL to enter Into such Agreement or to give sLlch bond or bonds, and deliver to
Owner the required certificates of Insurance, If the PRINOIPAL shall pay to the OBLIGEE
the fixed sum of $~o/~of.Bld.. . noted ebove as liqUidated damages, and not as a
penaUy, &6 provided In the Bidding Documents, then thIs obligation shall be null and void,
otherwise to remain In full force and effect.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be
duly signed n sea this 10th day of March , 2010,
Qu nt sas USA,lnc.
6Y
Countersigned. .
Looal Resident Prod
Douglas A. Scribner AV6rt,
C sualty and S"rety Company of AmQrlca
GC-P.12
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TRAVELERS't
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
I'OWER OF ATTORNEY
Farmington Cllsnulty Contpany
Fidelity ond Guaranty Insurance Company
FidcUty and GUfll'Hnty I08ll1'ance Underwriters, IllC.
St. PUlIl Fh'c and Marine Insllrancc Company
St.I'aul Guardian Insurlmcc Company
St. Paul Mercnry 'mmrance Company
Travelers Casualty and Surety Comlumy
Travelers Casualty Itnd Surety Company of Amerlell
United States Fidelity Ilnd GUllranty Compauy
Attorney-Ill Fact No.
220571
CcrHfic.!cN.. 003446374
KNOW ALLMRN BYTHESE PRE...~ENTS: That St. Paul Fire and Marine Insumoce Company, St. Paul Guardian Insurunce Compnny and St. Paul Mercury Insurance
Company Me corporulions duly orgnnized under the laws of the State of Minne:>ota, runt Farmington Cmmalty Company, Travelers Casualty and Sl1l'ety Company, and
Travelers CUfiu<llty IInd Surcty Company of America arc cQrporatiol1s duly orgonizcd under the laws of Ihe State of ConnectiCtll, that United States flidelity and Gmmmty
Company is a corporation duly orgullizcd undcr thc laws of the State of Maryland,lhm Fidelity and Guaranty Imurance Company is a corporation duly organized under
the laws of the State of lowiI, llnd that Fidelity and Guaranty Insuruncc Underwrilers, Inc.. is l\ corporation duly organized under the laws of the State of Wiscom;in
(herein collectively called the "Companies"), and that Ihe Companies do herehy Illake, constitute and appoint
Mark C. Bundy, William E. Crawley, Tammy A. Ward, and Terri Strawhand
of the City of Vit1!inia Beach _, State of Virginia , Incir truc and lawful Attol'lley(s)-in-Fad,
each in their separate capacity if mOI'C thall one is named ubovc, to sign, execute, senl nnd acknowledge any und all bOllds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof all behalf of the Compllllies in thcirbuslness oCgllllranteeing the fidelity of persOlls, guarantecing thc performance of
contracts and executing at' guaranteeing bonds and undertakhlgs required or pcr~Jt~c(til1 m1?'~~iollS 9!'~1'9cecdings allowed by law.
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Farmington Casualty CQi{liu\UY'" .:t_;;?'-,)
)j'ldelity ond GIIHrRntY~'ls\1r~P\c(,litoin~'lm)',\;
Fidelity Ilnd Guaranty Insu~,*,tc' Underwl'iters, Int.',
St, Paul Fh'c lmd Mal'ine Insurance l:ompllllY
St. Paul GUaJ'dlRn Insunlllcc Comlumy
seals to be hereto affixed, Ihis
27th
IN WITNESS WHEREOF, the ComP111i~~ IUlVe cl\used dlis
day of October ,~_.
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St. Panl Men:ury Insul'ance Comp.my
Trltvclefs CnsuRIty and Surety Compnny
Travelers Cnsualty and Surety Compuny of Amel'ica
United Stlltes Fidelity and Guaranty COilll)any
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Stalc of Connecticut
City of Hartford ss
By'
. 27th October 2008
On thiS the day of _ , belore me pelsonlllly appearcd George W. Thompson, who ncknowle<lged
himself to be the Senior Vice President of Farmington Cnsually Company, Fidelity and Guaranty Insurance Company, Fidelity <lod Guaranty IllSurancc Underwriters,
Ioc., St. Paul Fire and Marine Insnrance Compnny, St. Paul Gunrdiun Insmam;e CompHny, Sl. Paul Mcrcury Insurance Company, Travelers Casualty and Surety
Company, 'li'avclcrs Casualty and Surety Company of America, and United States Pidelity and Guaranty Company, and thnt hc. as sLlch, being authori7.cd so to do,
executed the foregoing instrument for the purposes therein contained hy signing 011 behalf of the corporations by himself as a duly authorized officer
In Witness Whereof, I hereunto set my hand and offkial seal.
My Commission expires the 30th dny of June, 2011.
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58440-4-09 Printed in U.S,A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING, THIS POWER OF ATTORNEY IS INVALlO WITHOUT THE RED BORDER
This Power of Attorney is granted nuder and by the authority of the following resolutions adopted by the Boards of Directors of flarmington Casulllty Company. Fidblity
and Guaranty Insurance Compan}', Fjdelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guurdiul1 I11Sml\l1Ce
Company, S1. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty CompailY, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the ChaIrman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President,.l1IlY Vice President. any Second Vice
President, the Treasurer. MY Assistant Treasurer, the Corpora.te Secretary or any Assistant Seeretru:y may appoint Attorneys-in-Fact nnd Agents to Ilct for Ilnd on behalf
of the Company and may give S11ch appointee such authority as his or her certificate of authority fia)' pl'Cscribe to sign wil:h the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of 8 bond, recognizllnce, or cOl1{lltional undertaking, and flny
of said officers or the Board of Directors at any time may remove Rny such appointee and revoke the powel' given him ot her; Clnd it is
FU,RTHER RESOLVED, that the Chairman, the President, any Vice Chal1'man, lIny Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to ono or 1nQ1'e officers or employees of this Company, provided that eRch sllch delegation is in writing find a copy
thereof is filed in the office of the Secretary: and it is
FURTHER RESOLVED, that flny bond, recognizance, contract of indemnity, or wdting obligatory in the nature of a bond, recognizance, or condltiollaIulldertnking
shall be valid and binding upon the Company when (8) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
Pl'esident. aDY Second Vice President, the Treasurer, fIUY Assistant Treasurer, the Corporate Secretflry or any Assistant Secretary and duly l\ttested and sealed with the
Company's seal by 'a Secretary or Assisumt Secretlll'Y; or (b) duly ex:ecuted (under seal, if required) by one or more Attomeys-in-Fact and Agents p~lrsuant to the powel'
prescribed in his or her certificate or their cel1ificates of authority 01' by one or more Company officers pursuant to 11 written dclegation of authority: and it is
FURTHERRF..BOLVED, that the signature of eRch of the following officeJII: President, any Execlllive Vice President, any Senior Vice President, flny Vice President,
any Assistant Vice. President, any Secretary, any Assisumt Secretary, and the senl of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Atto1'11eyr,:-in-Fact for purposes only of e:tecuting and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing snch ftlcsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid rind binding on
the Company ill the future with respect to any bond or understanding to which it is attached.
I, Karl M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidellty and Guamnty Insurance Company, Fidelity and GUfl1'l'\llty Insurance
Underwriters. Inc" St, Paul Fire and MN:'ine Insurance Company, St, Paul Guardian Jpsu~(ance C;,9mpany, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Compnny of America. aO..d U.."i~.~~...~S Fi..<lo.. lt~:and GJ.\R,nty Company do hereby certify that the above and foregoing
is a true and correct cop)' of the Power of Attorney executed by sald COIl~P.~~' ,~19.l\~1JI" i&"fl1n fO\fe)i\.'tl effect and has not been revoked, '.
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IN TESTIMONY WHEREOF, I have hereunto set my hand a'1d<<{h.~;(J tht(ile'ai~~~~:,~d~~~)i]tanies this \Qt.h
.2010
Kori M. Johi\ns
e
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To verify the authenticity of this Power of Attomer, eall tv800-421-3880 OJ' contact us lit www.travelersbond.com. Please refer to the Attomeyvln-Fact nllmber, the
above..named individuals and the details of the bond to which the power is Attached.
WARNING: TH1S POWEH OF ATTORNEY 18 INVALID WJTHOUT THE RED BORDER
-
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed,
3. The price extensions and totals have been checked.
4. Any required drawings, descriptive literature, etc. have been Inciuded.
6. Any delivery information required Is included.
6. Local Vendor Preference Affidavit completed.
7. Immigration Affidavit Ccmpleted
8. Certificate of Authority to Conduct Business in State of Florida
9. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's
check has been Inciuded.
10. Any addenda have been signed and included.
11. The mailing enveiope has been addressed to:
Purchasing Director
CoWer County Government Center
Purchasing Building
3301 Tamiaml Trail, East
Naples, Florida 34112
12. The mailing envelope must be sealed and rnarked with:
<=>Bid Number
<=>Project Name
<=>Openlng Date
13. The Bid will be mailed or delivered in time to be received no later than the specified
openlnq date and time, otherwise Bid cannot be considered.
ALL COURIER.DELlVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
QJIA.lity RntBrpri~p.!::t TTRA. TnC'..
Bidder Name
C. ~t~C &" T'tl
a ure I e Louis J. Gaudio. Vice President
Date: .~DO/IO
GC-f'-13
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Quality Enterprises USA, Inc. ("Contractor") of 3894
Mannix Drive, Suite 216, Naples, FL 34114 a Company, authorized to do business in
the State of Florida, to perform all work ("Work") in connection with Forest Lakes
MSTU Project F-53 Quail Run Lake Shoreline Restoration & Stabilization, Bid No.
10-5445 ("Project"), as said Work is set forth in the Plans and Specifications prepared
by Malcolm Pirnie, 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 p'erformance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement One Million One Hundred Fifty Three
Thousand Two Hundred Fifty four Dollars and Seventy Five Cents ($1,153,254.75).
GC-CA-14
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at www.fms.treas.qov/c5701
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 Liauidated Damaaes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within one hundred and twenty (120)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within twenty (20) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
GC-CA-15
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, one thousand one
hundred and forty eight dollars ($1,148) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is
reached, but the Contractor fails to reach Final Completion within the required time
period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve
Final Completion. The Project shall be deemed to be substantially completed on the
date the Project Manager (or at his/her direction, the Design Professional) issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize
the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
GC-CA-16
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terrns 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 Malcolm Pirnie
and identified as follows: Forest Lakes MSTU Project F-53 Quail
Run Lake Shoreline Restoration & Stabilization
as shown on Plan Sheets 1 through 19.
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:
Darryl Richard, Project Manager
Alternative Transportation Modes Department
2885 S. Horseshoe Drive, Naples FL 34104
(239) 252-5775
GC-CA-17
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:
Quality Enterprises USA, Inc.
3894 Mannix Drive, Suite 216, Naples, FL 34114-5406
239/435-7200 Telephone, 239/435-7202 Fax
Louis J. Gaudio, Vice President
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity in excess of the threshold amount
provided in s. 287.017 for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assians.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governina Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
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
GC-CA-18
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aareement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severabilitv.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreernent 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-19
Susan J. Schultz
Type/Print Name
~~~~D~~'
Marcie Cohen
Type/Print Name
Date: 4/~/201D
ATTEST:
E. ,~r.(~0h"ylerk
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Print ame: Sco..\+"~ ~~h
A~nt County Attorney
.~~
By:
CONTRACTOR:
Quality Qes USA, Inc.
~ -------/-
Louis J. Gaudio. Vice Prp.~i~p.n~
Type/Print Name and Title
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY: Fr~I~~h~~
GC-CA-20
EXHIBI"f A
PUBLIC PAYMENT BOND
Forest Lakes MSTU Project F-53 Quail Run Lake Shoreline
Restoration & StabUlzation
Bond No. 105410508
Contract No. 10-5445
KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc.
, as Principal,
and Travelers Casualty and Surety Company of Ameriac , as
Surety, located at One Tower Square, Hartford, CT 06183
(Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, FL
as Obligee in the sum of One Million One Hundred fifty Three Thousand Two Hundred fifty four Dollars and 751100
($ 1,153,254.75-- ) for the payment whereof we bind ourl3elves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the 13th d'lY of
April 2010, with Obligee for forest Lakes MSTU Project F-53 Quail Run Lake Shoreline Restoration & Stabilization
in Collier County, FL accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claiman1s as defined in Section 2.55.05(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 tile Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
'he provisions of this bond are subject to the tirne limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties howe executed this instrument this 13th
day of April 2010, the name of each p'lrty being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
GC"GA-A-"i
Signed, sealed and delivered
in the presence of:
PRINCIPAL
BY:
NAME:
ITS:
Witnesses as to Principal
Christina M. Hatch
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before me this 13th day of April
20~, by Howard J. Murrell ,as President of
Quality Enterprises USA, Inc. , a .._Virginia corporation, on behalf of the
corporation. !::U:l/she is personally I~ to me OR has prodllced N/A as
identification and did (did not) lake an oath. . .
. f'l} . ,'/jC ':
. !~Utl ' " ,. {-------.--
,.. ..'-./ /l- /"-
(Signature of Notary)
My Commission Expires: 2/11/14
.i""~~ MARCIE L COHEN
~...(A.':~ MY COMMISSION # DO 940581
?>.,,~'<>'"f EXPIRES: February 11,2014
~JiLth*'" Bonda_d Thru Notary Public Underwriters
NAME:
Marcie L. Cohen
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of Florida
Commission No.: DD 940581
ATTEST:
SURETY:
Travelers Casualty and Surety
Company of America
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
c;CCA.A2
OR
//
)
As Attorney in F
(Attach Power of
Tammy A. Ward, Attorney~in-Fact
(Printed Name)
One Tower Square
Hartford, CT 06183
(Business Address)
757-491-1100
(Telephone Number)
STATE OF Virginia
COUNTY OF Virginia Beach
The foregoing instrument was acknowledged before me this 13th day of
April , 2010, by Tammy A. Ward , as
Attorney-in-Fact of Travelers Casualty and Surety Company of America
Surety, on behalf of Surety. I%/She is personally known to me OR has produced
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.It!t!Am~l\l5Xc!fR4l (did not)
take an oath.
My Comrnission Expires:
September 30, 2010
I) . .; .Jkrcrwj _I
..~L!ULV f\ " ~c
(Signature) I
Name:. Terri K. Strawhand
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Virginia
Commission No.: 247448
GC-CA-A-3
EXHIBIT A
PUBLIC PERFORMANCE BOND
Forest Lakes MSTU Project F-53 Quail Run Lake Shoreline
Restoration & Stabilization
Bond No. 105410508
Contract NO.1 0-6445
KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc.
, as Principal, and Travelers Casualty and Surety Company
of America as Surety, located at
One Tower Square, Hartfort, CT 06183 (Business Address)
are held and firmly bound to The Board of County Commissioners of Collier County, FL , as
Obligee in the sum of One Million One Hundred Fifty
Three Thousand Two Hundred Fifty Four Dollars and 751100 ($ 1,153,254.75- ) for the
payment whereof we bond ourselves, our heirs, executors, personal representatives,
suocessors and assigns, jointly and severally.
WHEREAS, Prlncipa! has entered into a contract dated as of the 13th day of
April , 2010, with Obligee for Forest Lakes MSTU
Project '.53 Quail Run Lake Shoreline Restoration & Stabilization. Bid No. 10-5445 in accordance
with drawings and specifications, which contract is incorporated by reference and rnade
a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the mat1ner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attomeys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified In the Contract, then this bond is void; otherwise It remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
oblIgation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and It does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
GC-CA-.A.4
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not appiy to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 13th
day of April , 2010, the name of each party being affixed and these
presents duly signed by its undersigned represenlE\tive, pursuant to authority of Its
governing body.
Signed, sealed and delivered
~~~f~(
Witnesses as to Principal
Christina M. Hatch
PRINCIPAL
BY:
I
i
NAME:
ITS:
Howard J.. Murrell
President
STATE OF Florida
COUNTY OF Collier
The foregoing
April
President
Virginia
personally known
- -
Instrument
2010, by
was acknowledged before me this 13th day of
Howard J. Murrell , as
of Qualitv Enterprises USA. Inc. , a
corporE\tion, on behalf of the corporation. He/she Is
to rne OR hE\s produced N/A
as identification and did (did not) take an oath.
My Commission Expires: 2/l1/l4~)b,C1{' 'C'tdl~
(Signature)
MARCIE L COHEN
MY COMMISSION' OD 940581
EXPIRES: February 11,2014
, Bonded Thru Notary Public Underwriters
Name: Marcie L. Cohen
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Florida
Commission No.: DIl. 940581
GC-CI\A5
ATTEST:
SURETY:
Travelers Casualty and Surety
Company of America
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
OR
.,'
/1
Tammy A. Ward, Attor"ey~in~Fact
(Printed Narne)
One Tower Square
Hartford, CT 06183
(Business Address)
757-491.1100
(Telephone Number)
STATE OF Virginia
COUNTY OF Virginia Beach
The foregoing instrument was acknowledged before me fhis 13th day of
~~!i! , 2010, by Tammy A. Ward , as Attorney~in-Fact
of Travelers Casualty and Surety Company of America J i;:.1 Corporate Su rety I on
behalf of Surety. I%/She is personally known to me OR has produced
xxxxxxxxxxxxxxxxxxxxxxxxxxxxx~l!~l:!M/S~~M!@q!ll!J (did not) take an oath,
'v~jLl~ I; .1*1aw-/vJJcd
(Signature)
My Cornmission Expires:
September 30, 2010
Name: Terri K. Strawhand
{Legibly Printed}
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Virginia
Commission No.: 247448
GC.CAAB
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
.....
TRAVELERSJ
POWER OF ATTORNEY
Farmington Casualty Compan)'
Fidelity and Guaranty Insurance (:ompan~'
Fidelit)' and Guaranty Insuranl.e Cndcrwritcrs, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Attorney-In Fact No.
220571
St. Paul Mercury Insurance Company
Travelers Casualt)' and Surety Company
Travelers Casualty and Surety Company of' America
United States Fidelity and Guaranty Company
Certificate No. 0 [J 3 4 4 6 2 7 6
KNOW ALL MEN BY THESE PRESENTS: That St, Paul Fire and Marine Insurance Company, 5t, Paul Guardian hlsurancc Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company. and
Travelers Casualty and Surety Company of America arc corporations duly organized under the laws of the State of Connecticut, that United Stales Fidelity and Guaranty
Company is a corporation duly organized under the laws nfthe State of Maryland. that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc.. is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the .'Companies"), and that the Companies do hereby make. constitute and appoint
Mark C. Bundy. William E. Crawley, Tammy A. Ward. and Terri Straw hand
of the City of __~ Virginia Beach ..~__.__~~"_._ ,State oC .___"_ ___Virginia . their true and luv,;f'ul Altorney{sl-in-FacL
each in their separate capacity if more than one is named above, to sign, execute. sea] and acknowledge any and all bonds. recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of
contract~ and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Compani~.s have caused this instrument to be signed and their corporate seals to he hereto affixed, this 27th
October 20u8 ~---_.__._.---
day of
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelit~, and Guaranty Insurance Underwriters, Ine.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
~
~
e
State of Connecticut
City of Hartford ss.
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Compan)'
Travelers Casualty and Surety Compan)' of America
United States Fidelity and Guaranty Company
By:
27th Octohcr 2008
On this the day of ____.'.,,___ _ ____n~_____ , . before me pl:rsonal]y appeared ("]eorge W. Thompson. who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guarant)' Insurance Underwriters.
Inc.. SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company. SI. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company. Travelers Casualty and SurelY Company of America, and United States Fidelity and Guaranty Company. and that he. as such, being authorized so to do.
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized orficer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June. 2011.
58440-4-09 Printed in U.S.A.
"f(\ W
'-Marice.
e.j~
Tetreault, Notary Puhlic
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
EXHIBIT B
INSURANCE REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this
solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if
required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed
rninimum required coverage, Vendor must identify on the Certificate of Insurance the nature and
amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole
responsibility.
Coverage{~ shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of
policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor
shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any
GC-CA-C-1
notices of expiration, cancellation, non-renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the
full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverageill required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverageill and charge the Vendor for such coverageill purchased. If Vendor fails to reimburse the
County for such costs within thirty (30) days after demand, the County has the right to offset these
costs from any amount due Vendor under this Agreement or any other agreement between the
County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it
be responsible for the coverageill purchased or the insurance cornpany or companies used. The
decision of the County to purchase such insurance coverageill shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of
the Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
GC-CA-C-2
Collier County Florida
Insurance and Bonding Requirements
~l~I' . . . . '. <tli!lllll<~W~iNII'_&_.lII/1"""tJl.l!>:m"m)l"'$..}~W,,")1U'\il"'~"i",*~i>y.;.ttl;r.)J(;C,<"&~j;"""'''~'';;'';;;'\'Lx.;;w',
i" _. .~;t,tk.~i'irn,!ti~fJJHf&~~I;~J'4'f~~~~1.~l:o'l~~~\'h;n~~~~h:m,,~<~g\:~~n~tjl{~;~~f~Wm:lfl?i
1, Worker's Statutory Limits of Florida Statutes, Chapter 440 and ail Federal Government
Compensation Statutory Limits and Requirements
2. . l2J Employer's Liability
3. l2J Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
4. l2J Indemnification
4, l2J Automobile Llablilty
$1,000,000 single i1mlt per occurrence
Bodily Injury and Property Damage
$2,000.000 single limit per occurrence
To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shaillndemnify and hoid harmless Collier
County, Its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionaily wrongful conduct of the Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement. This Indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise rnay
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any Incident arising from the sole negilgence
of Coilier County.
$ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hlred: Automobile Included
5. 0 Other insurance as 0 Watercraft
noted:
$
Per Occurrence
o United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$.._ ...._ Per Occurrence
o Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
s
Per Occurrence
o Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
o Poilution
$
$
Per Occurrence
Per Occurrence
o Professional Liability $
. $ 500,000 each claim and in the aggregate
. $1,000,000 each claim and in the aggregate
. $2,000,000 each claim and in the aggregate
Per Occurrence
o Project Professional Liability
o Valuable Papers Insurance
$
Per Occurrence
$_......___ Per Occurrence
GC-CA-C.3
6. I2J Bid bond
Shail be submitted with proposal response In the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond In a sum equal to 5% of the cost proposal. Ail
checks shail be made payable to the Coilier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federai Deposit Insurance Corporation.
7. I2J Performance and
Payment Bonds
For projects In excess of $200,000, bonds shall be submitted with the
executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiVing an award.
The Performance and Payment Bonds shail be underwritten by a surety
authorized to do business In the State of Florida and otllerwlse acceptable to
Owner; provided, however, the surety shail be rated as "A-" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shail not exceed 5% of the reported poilcy
holders' surplus, ail as reported in the mosfcurrent Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. I2J Vendor shall ensure that all subcontractors comply with the sarne Insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the required
insurance provisions.
9, I2J Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required,
10. I2J Collier County Board of County Commissioners shall be named as the Certificate Holder and the
certificate must read "For any and all work performed on behalf of Collier County.
NOTE: The "Certificate" should read as follows:
. For any and all work performed on behalf of Collier County.
. Collier County Board of County Commissioners, Naples, Florida
No County Division, Department or individual name should appear on the Certificate.
11. I2J Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of Insurability may be
required within five (6) days of the award of this solicitation.
Name of Firm ~li ty Enterpris~s .USAL)n~".__,
Vendor Signature ~~::S
c-..-::::=" _"_
Date
3/10/10
Print Name
Louis J. Gaudio
Insurance Agency
Rutherfoord, Inc.
Agent Name
Herh MOBS or Heather GRrrAt~
Telephone Number 757-456-0577
GC-CA-C-4
ACORD,.
PRODUCER
Phone: 757 456-0517
CERTIFICATE OF LIABILITY INSURANCE
Fax: ~57-4~6-5296
Rutherfoord
222 Central Park Avenue,
Virginia Beach VA 23462
DATE (MM/DD/YYYY)
4/14 2010
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.
Suite 1340
INSURERS AFFORDING COVERAGE
INSURED
Quality Enterprises USA Ine &
Quality Environment Co.
3894 Mannix Drive, Suite 216
Naples FL 34114-5406
COVERAGES
THE POLICIES OF INSURANCE LISTED
N07WI~HSTANDING ANY REQUIREMENT,
CERTIFICATE MAY BE ISSUED OR MAY
~ERMS, EXCLUSIONS AND CONDITIONS
INifR AD/JoLI
L TR NSR
p
BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESC1UBED HEREIN IS SUBJECT TO ALL THE
OF SUCH POLICIES. AGGREGATE ~IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
POLICY EFFECTI\'-E-- '-jiOI..ICYEXPIRATION I
DATE MM YY DATE MMIDD/YY
7/1/2009 7/1/2010 EACH OCCURRENCE
DAMAGE TORENITD--
PREMISES (ECi occurenc~)
MED EXP (Any olle person)
INSURERA: Wausau..Business In$_prance Camp
INSURERB:WCl,usau Underw)~.ij::.~Xs Insurance
INSU~E~<: Interstat~Fi.:r~~ & CasualtyCq
INSURERD:Americ03..n _Int 11 Speci~Jt:Y-_L;i._ne
INSURER E:
POLICY NUMBER
GENERAL LIABILITY ITBKZ 914 4 9 711 0 3 9
X COMMERCIAL GENERAL LIABILITY !
A
CLAIMS MADE X__
GEN'L AGGREGATE LIMIT APPLIES PER
r- 1 PRO-
POLICY JECT
B AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
.X 1000 Camp
X 1000 Coll
i GARAGE LIABILITY
ANY AUTO
C
EXCESS/UMBRELLA LIABILITY
X OCCUR - -1 CLAIMS MADE
DEDUCTIBLE
RETENTION
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
OTHER
Pollution Liability
D
OCCUR i
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS. COMP/OP AGG
i LaC
.ASJZ9144 9 711 0 19
7/1/2010
7/1/2009
'I COMBINED SINGLE LIMIT
, (Eaaccldenl)
NAIC#
LIMITS
'1, 000, 000
$100,000
, 5,000
1,000,000
.'2,000,000
.' 2,000,00_0
$1,000,000
$
,
EAACC
AGG
,
$
$
$10,000__oQO
$10,000,000
$
BODILY INJURY
(Per person)
BODILY INJURY
(Peraccidenl)
PROPERTY DAMAGE
(Per accident)
AUTO ONLY. EA ACCIDENT
OTHER THAN
AUTO ONLY
PFX70024856
7/1/2009
! EACH OCCURRENCE
$
OTH-
ER
'509,000
$500,000
'500 000
each claim
aggregate
DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
E: CO:1':ract #10-5445 "Forest ~akes MS'~'U project F 53 Quail Run Lake ShoreI::..ne Restoration & Stabilizat::,o:1" Collier
oun,=y, Florida are Addit::,o:1al Insm__ed,3 under the General --,::.ability !=lOl:cy with respecc_ to work per:ormed by the
insured, as requ::.red by written contract.
CERTIFICATE HOLDER
7/1/2010
AGGREGATE
IWCJZ91449711029
7/1/2010
X . T~~$rtJI~S ,
EL EACH ACCIDENT
7/1/2009
E.L. DISEASE - EA EMPLOYEE
I E.L. DISEASE. POLICY LIMIT
CP0025895025
17/1/2009
!
,
12,000,000
2,000,000
,
7/1/2010
CANCELLATION
Board of County Commissioners of Collier
County, Florida
3301 East Tamiami Trail
Naples FL 34112
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 REPRESENTATIVES.
ACORD 25 (2001108)
@ACORDCORPORATlON 1988
. '
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 (2001108)
COUNTY OF COLLIER)
STATE OF FLORIDA)
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
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 , 2010 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 , 2010, by
,~~ ,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-5
EXHIBIT 0
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)
FROM:
Bid No.
Project No.
Application Date
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total Earned Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
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)
By Design Professional:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE.
(Type Name and Title)
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount ................... ....................... ...............$
Sum of previous Change Orders Amount ................... ...................$
This Change Order Amount ........ .................... ............. ....... .......$
Revised Agreement Amount......................... ..................... ...........$
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and finai settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by:
Design Professional
Date:
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Purchasing Department
Authorized by
Director
Date:
(For use by Owner: Fund
Number: )
Cost Center:
Object Code:
Project
GC-CA-E-5
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
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSI BI UTI ES:
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
,2010
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2010
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2010
OWNER
By:
Type Name and Tille
GC-CA-F-2
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2010
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A
explanation.
Acknowledgments:
By Contractor:
If NO is checked for any of the above, attach
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
By Owner:
GC-CA-G-1
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
GC-CA-H-1
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
GC-CA-H-2
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through 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.
GC-CA-H-3
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
GC-CA-H-4
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
4.10 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
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:
GC-CA-H-5
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
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.
GC-CA-H-6
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
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 sarne 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
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respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
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annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
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to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
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 rnust 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
GC-CA-H-10
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. No markup shall be placed on sales tax, shipping or subcontractor
markup.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
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unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
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
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Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
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
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shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
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
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notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefore or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
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Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
GC-CA-H-16
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 payrnent check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
GC-CA-H-17
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 replacernent or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
GC-CA-H-18
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
GC-CA-H-19
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Tirne 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
GC-CA-H-20
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 cornply 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 darnages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
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
GC-CA-H-21
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
GC-CA-H-22
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.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective
Device Coordination and Arc Flash Studies where relevant as determined by the
engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash
boundary and PPE Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
GC-CA-H-23
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 (OS), where applicable on state roadways. These projects shall also comply
with COllier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments and available on-line at colliergov.net/purchasing.
GC-CA-H-24
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOr) policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
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.
GC-CA-H-25
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
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 terrns may apply to the portion of the Work to be
GC-CA-H-26
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner, Collier County Government, will
be an additional insured on all liability insurance policies required to be provided by the
Subcontractor except workman's compensation and business automobile policies, (5)
assign all warranties directly to Owner, and (6) identify Owner as an intended third-party
beneficiary of the subcontract or purchase order. Contractor shall make available to
each proposed Subcontractor, prior to the execution of the subcontract, copies of the
Contract Documents to which the Subcontractor will be bound. Each Subcontractor
shall similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
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
GC-CA-H-27
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
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
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
GC-CA-H-28
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
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
GC-CA-H-29
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation/closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor/project manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762,
F.A.C. or you may contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
GC-CA-H-30
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
1. The County may, at its discretion, use VISA/MASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract.
GC-CA-I-1
EXHIBIT J
TECHNICAL SPECIFICATIONS
Provided in Separate File
GC-CA-J-1
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 01010 - Summary of Work
SECTION 01010
SUMMARY OF WORK
PART I - GENERAL
1.1 LOCATION AND DESCRIPTION OF WORK
A. The Work is located on the site of the Quail Run Golf Club, located at I Forest
Lakes Blvd, Naples, Florida.
B. The CONTRACTOR shall provide all labor, materials, equipment, and incidentals
as required and specified to install sheetpile retaining wall systems (bulkheads)
and shoreline stabilization as shown in the Drawings in Appendix A. Work
includes, but is not limited to, preparing shop drawing and material submittals,
bulkhead installation, excavating, backfilling, rip-rapping, grading, and other
activities required to complete the work in every respect for the purpose of
restoring and maintaining lake shorelines.
C. CONTRACTOR shall visit the site and record whatever data necessary to
familiarize him or her with the work area and gain sufficient knowledge to submit
a responsible bid on this project. CONTRACTOR shall provide documentation of
at least five (5) successful sheet piling retaining wall system installations using
similar materials.
D. Contracting Method: The Work shall be constructed under one prime contract.
1.2 WORK BY OWNER
A. The OWNER will perform certain activities in connection with the Work as
follows:
I. Offset staking of property lines. CONTRACTOR shall reset any field stakes
disturbed by any CONTRACTOR operations at no additional cost to the
OWNER.
1.3 CONTRACTOR'S USE OF SITE
A. The CONTRACTOR shall be confined to the areas shown on the contract
documents. Staging/storage areas shall be coordinated with the OWNER.
B. The CONTRACTOR shall be responsible for securing locations for storage of all
material and equipment necessary for completion of the Work. The storage
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, '-"'--~~"-
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 01010- Summary of Work
layout area shall be submitted to the OWNER/ENGINEER at the preconstruction
conference for approval.
C. The CONTRACTOR shall move stored products that interfere with the operations
of the OWNER, other contractors or others performing work for OWNER.
D. Limits on CONTRACTOR's use of Site are:
I. CONTRACTOR shall provide temporary restroom facilities (i.e. Portalet) for
use by CONTRACTOR's employees during the term of the project, at no
additional cost to the OWNER. Prior to delivery, CONTRACTOR shall
obtain written approval from the ENGINEER or his representative for the
location of each facility.
2. CONTRACTOR shall use on-site materials wherever possible for fill areas.
3. CONTRACTOR shall provide, install and maintain all temporary means
needed to prevent discharge of sediment to water courses from construction
activities, rainfall run-off. or erosion.
4. CONTRACTOR shall provide a list of equipment for ENGINEER's approval
that will be used to complete the Work.
5. Existing Structures: Work is to be performed in a residential area adjacent to
existing condominiums and townhouses. Lake shorelines have eroded, and in
some areas are beyond recorded property lines. Bulkheads will be installed in
the lake areas shown in the Drawings, and shoreline stabilization will be used
in all other lake areas to prevent further erosion. CONTRACTOR shall
explore ahead of the required excavation to determine the approximate
location of all proposed structures and to become familiar with the limited
working area.
6. Existing Utilities: Locate existing underground utilities in the areas of Work.
If utilities are to remain in place, provide adequate means of protection
during earthwork operations.
a. Should uncharted or incorrectly charted piping or other utilities be
encountered during excavation, consult ENGINEER or his
representative immedialely for directions as to procedure. Cooperate
with OWNER and utility companies in keeping respective services and
facilities in operation. Repair damaged utilities to satisfaction of utility
owner.
b. Do not interrupt existing utilities serving facilities occupied and used by
OWNER or others, exccpt whcn pcrmitted in writing by ENGINEER or
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Forest Lakes MSTU Bond Project F-53
Section No. 01010 - Summary of Work
his representative and then only after acceptable temporary utility
services have been provided.
7. Protection of Persons and Property: Barricade open excavations occurring as
part of this Work and post with warning lights. Operate warning lights
during hours from dusk to dawn each day and as otherwise required.
a. Protect structures, utilities, sidewalks, pavements, and other facilities
from damage caused by settlement, lateral movement, undermining,
washout and other hazards created by earthwork operations.
b. The OWNER shall not be responsible for injury or damage to personnel
or equipment resulting from flying golf balls or other golf course
hazards.
8. Dust Control: Conduct all operations and maintain the area of activity,
including watering operations, sweeping and sprinkling of roadways, to
minimize creation and dispersion of dust.
9. The use of explosives will not be permitted.
10. At no point in time is any equipment or personnel permitted to cross golf
course fairways unless scheduled with the golf course management and the
Engineer. Under no circumstance is CONTRACTOR permitted to go outside
of easement boundaries with equipment. CONTRACTOR shall be
responsible for any damage done outside of easements. CONTRACTOR
shall be responsible to repair damaged area(s) to previous conditions.
II. At no point in time shall play on the golf course be interrupted by
CONTRACTOR. All work on the golf course shall be scheduled and
approved by the ENGINEER before the start of any work activity.
12. When equipment is not in use, it shall be stored only in designated storage
areas approved in writing by ENGINEER or his representative.
E. The CONTRACTOR shall:
I. Assume full responsibility for protection and safekeeping of products stored
.
on prcmtses.
2. Provide and pay for labor, materials and equipment; tools, construction
equipment and machinery; water, heat and utilities required for construction;
and other facilities and services necessary for proper execution and
completion of the work.
3. Secure and pay for Government Fees and Licenses.
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Forest Lakes MSTU Bond Project F-53
Section No. 01010 - Summary of Work
4. Give required notice to Agencies and to the public.
5. Comply with codes. ordinances, rules, regulations, orders and other legal
requirements of public authorities which bear on performance of the Work.
6. Maintain tratlic on all roads within the MSTU affected by the construction
in compliance with thc drawings and specifications.
1.4 SALVAGE OF EQUIPMENT AND MATERIALS
A. Existing equipment and materials removed, and not shown or specified to be
reused as a part of the Work, shall become the CONTRACTOR's property. The
CONTRACTOR shall be responsible for removal and disposal of such property.
B. Existing materials removed by CONTRACTOR shall not be reused in the Work,
except where so specified or indicated.
1.5 WORKING HOURS
A. Working hours are considered to be an 8-hour period (excluding lunch) between
the hours of7:00 a.m. and 7:00 p.m., Monday through Friday. Any Work beyond
the 8-hour period is to be requested in writing 24 hours prior and paid for by the
CONTRACTOR.
B. Any Work required on Saturday or Sunday shall be requested in writing 48 hours
in advance. All requests must be approved by the OWNER in advance of the
Work. Under emergency situations a verbal request may be made with a follow-
up written request.
1.6 DEMOLITION
A. Unless otherwise noted, remove all material from areas indicated for demolition.
Seal abandoned lines that remain in place behind walls or floor surfaces. Remove
existing unused wires.
B. The Contractor is responsible for removing and properly disposing of equipment
and material as directed by the OWNER or at a site selected by the OWNER.
C. Disconnect existing electrical services and controls to items being removed by
others as a requirement of this scction.
1.7 MUTILATION
A. All mutilation of structures around pipes, valves. etc. shall be properly repaired by
the CONTRACTOR at no expense to the OWNER.
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Forest Lakes MSTlJ Bond Project F-53
Section No. 0]010 - Summary of Work
1.8 DISTURBED AREAS
A. Restore all areas disturbed by construction to a condition at least equal to the
preconstruction condition including, but not limited to, all landscaping, grassing
(by sodding or seed), driveways, roads, fences, sprinkler systems, and other
improvements. Maintain ingress and egress to all properties adjacent to the
construction and minimize in convenience to abutting property occupants.
1.9 SOILS REPORT
A. Information Available:
I. The following report of geotechnical exploration conducted by
Universal Engineering Sciences, Inc. was utilized by the ENGINEER in
the preparation of the Contract Documents. Copies of this report are
available for review at the Collier County during regular business hours.
a. Geotechnical Exploration for Proposed Lake Bulkheads for the
Forest Lakes MSTU Bond Issue Project F-53, dated October 21,
2009.
2. The above report is not guaranteed as to accuracy of completeness and
is not part of the Contract Documents.
3. The CONTRACTOR is cautioned that this subsurface data has been
utilized for general purposes only and may be inadequate for the
purposes of bidding on the Contract items.
4. The making available of this subsurface data is not intended to relieve
the CONTRACTOR from their responsibility to familiarize themselves
with the subsurface conditions that may in any manner affect cost,
progress or performance of the Work. The submission of a bid
constitutes on agrecment by the CONTRACTOR that he shall make no
claim against the OWNER or its agents or employees, the ENGINEER,
or its officers, agents or employees because the subsurface data made
available to prospective the CONTRACTOR is not representative of the
actual subsurface conditions.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
+ + END OF SECTION + +
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Section No. 01025 -- Measurement and Payment
SECTION 01025
MEASUREMENT AND PA YMENT
PART I - GENERAL
1.1 GENERAL
A. The following explanation of the Measurement and Payment for the Bid Form
items is provided; however, the omission of reference to any item shall not alter
the intent of the Bid Form or relieve the CONTRACTOR of the necessity of
constructing a complete project under this Contract.
1.2 DESCRIPTION OF WORK
A. This section defines the method that shall be used to determine the quantities of
work performed or materials supplied and establish the basis upon which payment
shall be made.
1.3 ESTIMATED QUANTITIES
A. Where quantities are shown they are approximate and are given only as a basis of
calculation upon which the award of the contract is to be made. OWNER or
ENGINEER do not assume any responsibility for the final quantities, nor shall
CONTRACTOR claim misunderstanding because of such estimate of quantities.
Final payment shall be made only for the satisfactorily completed quantity of each
item.
1.4 MEASUREMENT STANDARDS
A. All work completed under the Contract shall be measured according to United
States Standard Methods.
1.5 METHOD OF MEASUREMENT
A. Measurement of Length: Unless otherwise specified for the particular items
involved, all measurements of distance for items to be paid for on the basis of
length shall be taken horizontally or vertically.
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Section No. 0 I 025 - Measurement and Payment
B. Measurement of Area: In the measurement of items paid for on the basis of area
of finished work, the lengths and/or widths to be used in the calculations shall be
the actual dimensions measured along the surface of the completed work within
the neat lines shown or designated. At intersections, the measurement used for
length of side area shall be measured from the outside edge of the width allowed
along the main trench.
1.6 Deleted
1.7 COSTS INCLUDED IN PAYMENT ITEMS
A. No separate payment shall be made for the following items (not all inclusive) and
the cost of such work shall be included in the applicable pay items of work.
1. Pre-construction audiovisual documentation.
2. Dewatering and disposal of surplus water through a settling box and pipeline
as approved by the ENGINEER.
3. Additional structural fill and backfill.
4. Replacement of unpaved roadways, shrubbery plots, trees and existing
vegetation, except as otherwise specified.
5. Foundation and borrow materials, except as hereinafter specified.
6. Any material and equipment required to be installed and used for tests.
7. Density testing.
8. Pipe, structures, pavement replacement, restoration, and/or appurtenances
included within the limits of lump sum work, unless otherwise shown.
9. Maintaining the existing quality of service during construction.
10. Appurtenant work as required for a complete and operable system.
11. Products wasted or disposed of in a manner that is not acceptable.
12. Products determined as unacceptable before or after placement.
13. Products placed beyond the lines and levels of the required Work.
14. Products remaining on hand after completion of the Work.
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Section No. 01025 - Measurement and Payment
15. Loading, hauling, and disposing of rejected Products.
16. Bypass pumping.
17. Testing, except as otherwise specified.
18. Provisions for pedestrian & vehicular access by the use of ramps, steel plates,
walls, ctc.
19. Temporary pavement at excavations.
20. Coordination with utility companies.
21. Replacement of any utilities or facilities damaged by the CONTRACTOR
within the project limits (including but not limited to existing water mains and
services, sanitary sewer, sanitary sewer laterals, stormwater, existing force
main, irrigation systems, electrical. telephone, gas, cable TV, signal loops,
signal interconnects, streetlight power, etc.)
22. Record drawing preparation.
23. Clean-up.
B. Cleanup: CONTRACTOR's attention is called to the fact that cleanup is
considered a part of the work of construction. No payment shall be made until
cleanup is essentially complete.
C. Work Outside Authorized Limits: No payment shall be made for work
constructed outside the authorized limits of work.
1.8 APPLlCA nONS FOR PAYMENT
A. Applications for Payment shall be prepared by the CONTRACTOR and submitted
to the ENGINEER in accordance with the schedule established by the Conditions
of the Contract and the Agrcement.
B. Applications for Payment shall be submitted in the number and form established
by the ENGINEER at the Preconstruction Conference. The form shall be
completely filled out and executed by an authorized representative of the
CONTRACTOR. Supporting data such as schedules and paid receipts of stored
materials and release of liens shall be attached to each copy of the application.
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Section No. 01025 ~ Measurement and Payment
1.9 CHANGE ORDER PROCEDURE
A. Requests for Change Orders shall be prepared by the CONTRACTOR and
submitted to the ENGINEER in accordance with the schedule established by the
Conditions of the Contract and the Agreement.
PART 2 - PRODUCTS
Not Used.
PART 3 - EXECUTION
3.1 BID ITEMS
A. BID ITEM NO. 1.0 - MOBILIZATION
Measurement: Work as specified shall consist of work preparatory to actual
construction at the site. It shall include, but not be limited to, movement of
personnel, equipment, supplies, and incidentals to the project site, and for the
establishment of safety equipment and first aid supplies, sanitary and other
facilities as required by these Specifications, the submittal of all required
insurance certificates and bonds, posting of all OSHA required notices and
establishment of safety programs at the jobsite, provide CONTRACTOR's
superintendent at job site full time, the Supplementary Conditions, and state and
local laws and regulations. The costs associated with bonds and any required
insurance, permits, and any other preconstruction expense necessary for the start
of the work, excluding the cost of construction materials, shall be included in this
section. Also included in this scction shall be all costs associated with meetings
and coordination with the OWNER and ENGINEER for the purpose of discussing
project progress or coordination oftie-in locations.
Payment: The total lump sum to be paid for this item shall not exceed five
percent of the Bid Items 2.0 through 5.0. Not more than 50 percent of the bid
item amount shall be paid in the first application for payment and at least 25
percent of the bid item amount shall be paid in the last application for payment as
demobilization, with the remainder paid in equal installments over the contract
time. No additional payment shall be made for demobilization and remobilization
due to shutdowns, suspensions of Work or for other mobilization activities.
Demobilization shall include, but not be limited to, the following principal items:
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Section No. 0 I 025 - Measurement and Payment
I. Removal of all temporary construction facilities.
2. Removal of all equipment and excess materials.
3. Cleanup and restoration of the site to conditions existing prior to construction.
8. BID ITEM NO. 2.0 - SHORELINE ST ABILIZA TION
Measurement: The quantity for payment shall be for furnishing and installing the
shoreline stabilization system as shown or implied by the Construction Drawings
and Technical Specifications. The shoreline stabilization system shall be installed
in all lake shoreline areas outside of cxisting or proposed bulkhead locations.
Payment: Payment for this unit price bid item shall be full compensation for all
associated labor, equipment, supplies, materials, supervision, and performing all
shoreline stabilization construction activities which may include, but not limited
to, clearing, grubbing, excavating, backfilling, filter fabric installation, rip-
rapping, rough grading, finish grading, silt fencing, sediment barriers, removal of
waste, dewatering, site restoration, clcanup, and other activities required to
complete the Work in every respect. No extra payment shall be made if rock,
muck, debris or other materials are encountered during construction.
C. BID ITEM NO. 3.0 - BULKHEAD INSTALLATION
Measurement: The quantity for payment shall be for furnishing and the complete
installation of vinyl bulkheads as shown or implied by the Construction Drawings
and Technical Specifications.
Payment: Payment for this unit price bid item shall be full compensation for all
associated labor, equipment, supplies, materials, supervision, and performing all
construction activities which may include, but not limited to, clearing, grubbing,
excavating, backfilling, bulkhead installation, rip-rapping, rough grading, finish
grading, silt fencing, sediment barriers, removal of waste, dewatering, site
restoration, cleanup, and other activities required to complete the Work in every
respect. No extra payment shall be made if rock, muck, debris or other materials
are encountered during construction.
D. BID ITEM NO. 4.0 - SODDING (419 BERMUDA SOD)
Measurement: The quantity for payment shall be for furnishing and the complete
installation of 419 Bermuda sod in the locations shown or implied by the
Construction Drawings and Technical Specifications.
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Forest Lakes MSTU Bond Project F-53
Section No. 01025 - Measurement and Payment
.
Payment: Payment for this unit price bid item shall be full compensation for all
associated labor, equipment, supplies, materials, supervision, and performing all
operations which may include, but are not limited to, placement of clean, weed-
free 419 Bermuda sod, top-dressing, spraying for weeds and worms, rolling,
watering, and other activities required to complete the Work in every respect.
E.
BID ITEM NO. 5.0 - SODDING (MISe. SOD)
Measurement: The quantity for payment shall be for furnishing and the complete
installation of Miscellaneous sod in the locations shown or implied by the
Construction Drawings and Technical Specifications.
Payment: Payment for this unit price bid item shall be full compensation for all
associated labor, equipment, supplies, materials, supervision, and performing all
operations which may include, but are not limited to, furnishing clean, weed-free
sod, placement, top-dressing, spraying for weeds and worms, rolling, watering,
and other activities required to complete the Work in every respect.
F. BID ITEM NO. 6.0 - FILL MATERIAL
Measurement: The quantity for payment shall be for furnishing, placing, and
compacting fill material in the locations shown or implied by the Construction
Drawings and Technical Specifications.
Payment: Payment for this unit price bid item shall be full compensation for all
associated labor, equipment, supplies, materials, supervision, and performing all
construction activities which may include, but are not limited to, furnishing fill
material as required in these Specifications, placement, compaction, and other
activities required to complete the Work in every respect.
G. BID ITEM NO. 7.0 - ALUMINUM HANDRAILS
Measurement: The quantity for payment shall be for furnishing and the complete
installation of Aluminum Handrails as shown or implied by the Construction
Drawings and Technical Specifications.
Payment: Payment for this unit price bid item shall be full compensation for all
associated labor, equipment, supplies, materials, supervision, and performing all
4037-097
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4037-097
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Forest Lakes MSTU Bond Project F-53
Section No. 0] 025 - Measurement and Payment
operations which may include, but are not limited to, furnishing aluminum
handrails in accordance with the Specifications, installation, clean-up, and other
activities required to complete the Work in every respect.
H. BID ITEM NO. 8.0 - A2000 PVC PIPE 18"
Measurement: The quantity for payment shall be for furnishing and the complete
installation of A2000 PYC 18" pipe as shown or implied by the Construction
Drawings and Technical Specifications.
Payment: Payment for this unit price bid item shall be full compensation for all
associated labor, equipment, supplies, materials, supervision, and performing all
operations which may include, but are not limited to furnishing pipe in
accordance with the Specifications, installation, concrete collars, sodding, clean-
up and other activities to complete the Work in every respect.
I. BID ITEM NO. 8.0 - A2000 PVC PIPE 12"
Measurement: The quantity for payment shall be for furnishing and the complete
installation of A2000 PYC 12" pipe as shown or implied by the Construction
Drawings and Technical Specifications.
Payment: Payment for this unit price bid item shall be full compensation for all
associated labor, equipment, supplies, materials, supervision, and performing all
operations which may include, but are not limited to furnishing pipe in
accordance with the Specifications, installation, concrete collars, sodding, clean-
up and other activities to complete the Work in every respect.
++ END OF SECTION ++
01025-7
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 01026 - Schedule of Values
SECTION 01026
SCHEDULE OF VALUES
1.1 GENERAL
A. The Schedule of Values is an itemized list that establishes the value or cost of each part
of the Work. It shall be used as the basis for preparing progress payments and may be
used as a basis for negotiations concerning additional work or credits which may arise
during the construction. Quantities and unit prices may be included in the schedule when
approved by or required by the ENGINEER.
1.2 PREPARATION
A. Schedule shall show breakdown of labor, materials, equipment, and other costs used in
preparation of the Bid.
B. Costs shall be in sufficient detail to indicate separate amounts for each Section of the
Specifications.
C. Schedule of Values shall be prepared on 8-1I2-inch by II-inch white paper.
D. Use Table of Contents of the Specifications as basis for Schedule format and identify
each item with number and title in the Table of Contents. List sub-items of major
products or systems as appropriate or when requested by ENGINEER.
E. When requested by ENGINEER, support values with data that will substantiate their
correctness.
F. The sum of the individual values shown on the Schedule of Values must equal the total
Contract Price.
G. Each item shall include a directly proportional amount of the CONTRACTOR'S
overhead and profit.
H. Schedule shall show the purchase and delivery costs for materials and equipment that the
CONTRACTOR anticipates he shall request payment for prior to their installation.
1.3 SUBMITTAL
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Forest Lakes MSTU Bond Project F-53
Section No. 0 I 026- Schedule of Values
A. Submit two copies of Schedule to ENGINEER for approval at least 20 days prior to
submitting first application for a progress payment. After review by ENGINEER, revise
and resubmit Schedule as required until it is approved.
+ + END OF SECTION + +
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Forest Lakes MSTU Bond Project F-53
Section No. 01040 - Project Coordination
SECTION 01040
PROJECT COO RDINA TI ON
1.1 GENERAL
A. As more fully set forth in the General Conditions, the CONTRACTOR shall be
solely responsible for coordination of all of the Work. He/she shall supervise,
direct and cooperate fully with all subcontractors, manufacturers, fabricators,
suppliers, distributors, installers, testing agencies and all others whose services,
materials or equipment are required to ensure completion of the Work within the
Contract Time.
B. As more fully set forth in the General Conditions, the CONTRACTOR shall
cooperate with and coordinate his/her Work with the work of any other
CONTRACTOR, utility service company or OWNER'S employees performing
additional work related to the Project at the site.
C. The CONTRACTOR shall not be responsible for damage done by contractors not
under his/her jurisdiction. He/she will not be liable for any such loss or damage
unless it is through the negligence of CONTRACTOR.
D. The CONTRACTOR shall maintain sufficient competent personnel, drafting
equipment and supplies at the site for the purpose of preparing layout and
coordination drawings. These drawings shall supplement the Contract
Documents, and the working and Shop Drawings as necessary to correlate the
work of various trades. Where such drawings are to be prepared by the mechani-
cal, electrical, plumbing, or heating and ventilating subcontractor,
CONTRACTOR will ensure that each subcontractor maintains the required
personnel and facilities at the site.
E. The CONTRACTOR shall also coordinate his/her Work with the work of others
to assure compliance with schedules.
F. The CONTRACTOR shall attend and participate in all project coordination or
progress meetings and report on the progress of all Work and compliance with
schedules.
G. The CONTRACTOR shall coordinate with Quail Run staff to ensure the golf
course is aware of when and where CONTRACTOR'S personnel are on site, and
for any irrigation system work (i.e. shutdowns, etc.).
+ + END OF SECTION + +
4037-097
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,--"~,._--"._-----",--,,",--~~,.,"-- '~---~"~"-'~--'~"'''''-~~~--~~-''-'-' --'"--- ,,~._---_. "", , -
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 05522 - Aluminum Handrails and Railings
SECTION 05522
ALUMINUM HANDRAILS AND RAILINGS
PART I GENERAL
1.1 SCOPE OF WORK
A. CONTRACTOR shall provide all labor, materials, tools, equipment, and
incidentals as shown, specified, and required to furnish and install aluminum
handrail and railing systems. The Work also includes:
I. Providing openings in, and attachments to, aluminum handrail and
railing systems to accommodate the Work under this and other
Specification Sections. Provide all items for aluminum handrails and
railings, including anchorages, fasteners, studs, and other items required
for which provision for is not specifically included under other Sections.
B. Aluminum handrails and railings Work shall include components and
features shown and specified, and all components and features available
from specified manufacturers required for providing complete aluminum
handrail and railing system in accordance with the Contract Documents.
C. Coordination:
I. Review installation procedures under this and other Sections and
coordinate installation of items to be installed with or before aluminum
handrails and railings Work.
2. Aluminum handrail and railing locations shall conform with the Florida
Building Code.
1.2 RELA TED WORK
A. Related Specifications for work required for this Section:
I. Section 03305: Concrete.
1.3 SUBMITTALS
A. The Contractor shall submit shop drawings in accordance with Section
01300, Shop Drawings, Submittals and Samples:
I. Shop Drawings:
a. Drawings for fabrication and installation of aluminum handrail and
railing systems with sizes of members, pipe wall thickness,
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Section No. 05522 - Aluminum Handrails and Railings
information on components, and anchorage devices. Show all
anchorages. Provide details drawn at scale of 1.5-inch equal to one
foot.
b. Indicate required location of posts.
c. Indicate locations and details of all expansion joints, if any.
d. Indicate locations and details of gaps across seismic joints, if any.
e. Profile drawings of aluminum handrail and railing system
components.
f. Custom detail drawings. Details of forming, jointing, sections,
connections, internal supports, trim and accessories. Provide details
drawn at scale of 1.5-inch equal to one foot.
2. Product Data:
a. Manufacturer's specifications, standard detail drawings, and
installation instructions for aluminum handrail and railing systems.
b. Manufacturer's catalogs showing complete selection of standard
and custom components and miscellaneous accessories for selection
by OWNER.
3. Delegated Design Submittals:
a. Design Data:
I) Design computations or complete structural analysis of handrail
and railing systems, signed and sealed by professional
OWNER. Professional Engineer's seal shall be clearly
legible, including state of registration, registration number, and
name on seal.
2) Certification by professional Engineer that professional
Engineer has performed design of aluminum handrail and
railing systems in accordance with performance and design
criteria stated in the Contract Documents, and that design
conforms to all local, state, and federal Laws and Regulations,
and to prevailing standards of practice.
4. Samples:
a. Samples will be reviewed for finish, color, joint tolerances,
workmanship, and general component assembly only. Compliance
with other requirements is the responsibility of the
CONTRA CTO R.
B. Informational Submittals: Submit the following:
I. Certificates:
a. Certification on source of supply, as specified in Article 1.3 of this
Section.
b. Manufacturer certification specified in Article 1.3 of this Section.
2. Qualifications Statements: Submit qualifications for the following:
a. Manufacturer, when requested by OWNER.
b. Professional Engineer.
c. Installer, when requested by OWNER. Qualifications statement
shall include record of experience with references specified.
4037-097 05522-2
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 05522 - Aluminum Handrails and Railings
C. Closeout Submittals: Submit the following:
I. Maintenance Manuals: Furnish detailed maintenance manuals that
include the following:
a. Product name and number.
b. Detailed procedures for routine maintenance and cleaning,
including cleaning materials, application methods and precautions
in use of products that may be detrimental to finish when
improperly applicd.
c. Handrail and railings systems manufacturer's current catalog
including individual parts.
1.4 REFERENCE STANDARDS
A. Standards referenced in this Section are listed below:
I. Aluminum Association (AA), Aluminum Design Manual.
2. ASTM B26/B26M, Specification for Aluminum-Alloy Sand Castings.
3. ASTM B 117, Standard Practice for Operating Salt Spray (Fog)
Apparatus.
4. ASTM B 136, Standard Method for Measurement of Stain Resistance
of Anodic Coatings on Aluminum.
5. ASTM B 137, Standard Test Method for Measurement of Coating
Mass per Unit Area on Anodically Coated Aluminum.
6. ASTM B221, Specification for Aluminum and Aluminum-Alloy
Extruded Bars, Rods, Wire, Profiles and Tubes.
7. ASTM B241/B24lM. Specification for Aluminum and Aluminum-
Alloy Seamless Pipe and Seamless Extruded Tube.
8. ASTM B244, Standard Test Method for Measurement of Thickness of
Anodic Coatings on Aluminum and of Other Nonconductive Coatings
on Nonmagnetic Basis Metals with Eddy-Current Instruments.
9. ASTM B247, Specification for Aluminum and Aluminum-Alloy Die
Forgings, Hand Forgings, and rolled Ring Forgings.
10. ASTM B429, Specification for Aluminum-Alloy Extruded Structural
Pipe and Tube.
II. ASTM E 935, Standard Test Methods for Permanent Metal Railing
Systems and Rails for Buildings.
12. NAAMM/Architectural Metal Products Division (AMP), Pipe Railing
Manual.
13. NAAMM/AMP AMP 501 Finishes for Aluminum.
1.5 QUALITY ASSURANCE
A. The Contractor shall provide quality assurance measures for the items
specified in this Section.
4037-097
05522-3
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 05522 - Aluminum Handrails and Railings
B. Qualifications:
1. Manufacturer:
a. Manufacturer shall be able to document at least five years
successful experience in fabricating aluminum handrail and railing
systems of scope and type similar to that required.
b. Manufacturer shall be able to capable of providing custom detail
drawings for the products required.
2. Professional Engineer:
a. CONTRACTOR or handrail and railing manufacturer shall retain a
registered professional Engineer legally qualified to practice in
same state as the Site. Professional OWNER shall have at least
five years experience designing aluminum handrails and railings.
b. Responsibilities include:
I) Reviewing aluminum handrail and railing system performance
and design criteria stated in the Contract Documents.
2) Preparing written requests for clarifications or interpretations
of performance or design criteria for submittal to OWNER by
CONTRACTOR.
3) Preparing or supervising preparation of design calculations
verifying compliance of aluminum handrail and railing system
with requirements of the Contract Documents.
4) Signing and sealing all calculations.
5) Certifying that:
a) Design of aluminum handrail and railing system was
performed in accordance with performance and design
criteria stated in the Contract Documents, and
b) Design conforms to all applicable local, state, and federal
Laws and Regulations, and to prevailing standards of
practice.
3. Installer Qualifications:
a. Retain a single installer trained and with record of successful
experience in installing aluminum handrail and railing systems.
b. Installer shall have record of successfully installing aluminum
handrail and railing systems in accordance with recommendations
and requirements of manufacturer, or shall provide evidence of
being acceptable to thc manufacturer.
c. Installer shall employ only tradesmen with specific skill and
successful experience in the type of Work required.
d. When requested by OWNER, submit name and qualifications of
installer with the following information for at least three successful,
completed projccts:
I) Names and telephone numbers of owner and architect or
OWNER responsible for each project.
2) Approximate contract cost of the aluminum handrail and
railing systems for which installer was responsible.
4037-097
05522-4
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 05522 - Aluminum Handrails and Railings
3) Amount (linear feet) of aluminum handrail and railing
installed.
C. Component Supply and Compatibility:
I. Obtain all products included in this Section regardless of component
manufacturer, from a single aluminum handrail and railing system
manufacturer.
2. Aluminum handrail and railing system manufacturer shall review and
approve or prepare all Shop Drawings and other submittals (except for
delegated design submittals, when professional Engineer is retained by
other than handrail and railing manufacturer) for all components
furnished under this Section.
3. Components shall be specifically constructed for specified service
conditions and shall be integrated into overall assembly by aluminum
handrails and railings manufacturer.
D. Regulatory Requirements: Conform to Laws and Regulations including:
1. OSHA Part 1910.23, Guarding Floor and Wall Openings and Holes.
E. Certifications:
I. Furnish certification, signed by authorized officer of manufacturer and
notarized, stating that handrail and railing systems conform to the design
prepared by the professional Enigneer.
2. Furnish certification, signed by authorized officer of CONTRA TOR and
notarized, stating that all componcnts and fittings are furnished by the
same manufacturer.
1.6 WARRANTIES
A. Warranties shall be in accordance with Section 00800, Supplemental
Conditions, Section 0 I 005, General Requirements and Section 01740,
Warranties and Bonds.
B. Guarantee: Manufacturer shall provide written guarantee of availability of
replacement parts and components for period of at least five years after
completion of the Project.
1.7 DELIVERY, STORAGE AND HANDLING
A. The Contractor shall adhere to the requircments specified in Section 01620,
Storage and Protection and this section for the storage and protection of
items specified in this Section.
4037-097 05522-5
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 05522 - Aluminum Handrails and Railings
I. Prior to shipping, completely inspect products to assure that components
are complete and comply with requirements of Contract Documents and
recommendations of manufacturer. Box or crate products as required to
prevent damage during shipment.
2. Deliver products to Site to ensure uninterrupted progress of the Work.
Deliver anchorage products that are to be embedded in concrete in ample
time to prevent delaying the Work.
3. Inspect all boxes, crates, and packages upon delivery to Site and notify
OWNER in writing of loss or damage to products. Promptly remedy
loss and damage to new condition per manufacturer's instructions.
B. Storage and Protection:
I. Keep products off ground using pallets, platforms, or other supports.
Protect products from corrosion and deterioration.
C. Handling of Products:
I. Do not subject handrail and railing products to bending or stress.
2. Do not damage edges or handle products in a manner that will cause
scratches, warping, or dents.
3. Protect handrails and railings by paper or coating as acceptable to
handrail and railing manufacturer, against scratching, splashes of
mortar, paint, and other marring during transportation, handling, and
erection. Protect until completion of adjacent work.
1.8 SYSTEM DESCRIPTION
A. Aluminum handrail and railing system shall be a Series 950 white posts
railing system as manufactured by Superior Aluminum Products of Russia,
Ohio or approved equal. Aluminum handrail and railing system shall consist
of equally spaced horizontal rails with totally concealed mechanical
fasteners, internally threaded tubular rivets and components fastened to posts
spaced no more than 5.0 feet on centers and system of handrails supported
from adjacent construction by mounting brackets spaced at no more than 5.0
feet on centers.
PART 2 PRODUCTS
2.1 SYSTEM PERFORMANCE
A. Design Criteria and Performance Criteria:
4037-097
I. Design, fabricate, and install aluminum handrail and railing systems to
withstand the most critical effects resulting from the following loads
(loads listed below do not act concurrently):
a. Uniform Load: 50 pounds per foot, applied at top in any direction.
05522-6
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 05522 - Aluminum Handrails and Railings
b. Concentrated Load: 200 pounds single load, applied at any point
along the top in any direction.
c. Components: Intermediate rails (all rails except the handrail),
balusters, and panel fillers, if any, shall withstand horizontally-
applied normal load of 50 pounds on an area equal to one square
foot, including openings and space between rails. Reactions due
to this loading arc not required to be superimposed to loading
specified for main supporting members of handrails and railings.
d. Conform to requirements of AA Aluminum Design Manual for
determining allowable stresses and safety factors for aluminum
structural components.
c. Limit deflection in each single span ofrailing and handrail to 1.5-
inch maximum, and to lA-inch maximum on railing posts.
Applied loads shall not produce permanent deflection in the
completed Work when loads are removed.
2. Thermal Control: Provide adequate expansion within fabricated
systems that allows for thermal expansion and contraction caused by
material temperature change of 140 degrees F to -20 degrees F without
warp or bow of system components. Distance between expansion
joints shall be based on providing 1/4-inch wide joint at 70 degrees F,
which accommodatcs movement of 150 percent of calculated amount
of movement for specified temperature range.
3. Where handrail and railing systems cross expansion joints in the
building or structure. provide expansion joints in handrail and railings
systems.
4. For posts located at or near end of runs, uniformly space intermediate
posts as required to conform to loading and deflection criteria
specified, at intervals no greater than maximum post spacing specified.
Where posts are shown for handrails along both sides of walkways and
other similar locations, locate posts opposite each other; do not stagger
post locations.
2.2 MANUFACTURERS
A. Products and Manufacturers: Provide one of the following:
I. Custom Fabricated Series 500 Non- Welded Aluminum Pipe Aluminum
handrails and railing systems by Superior Aluminum Products, Inc.
2. Or Equal.
2.3 MATERIALS
A. Extruded Aluminum Architectural and Ornamental Shapes: ASTM B221,
Alloy 6063-T52.
B. Aluminum Forgings: ASTM B247.
4037-097 05522-7
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 05522 - Aluminum Handrails and Railings
C. Extruded or Drawn Aluminum Pipe and Tube:
I. ASTM B429 or ASTM B241/B24lM, Alloy 6063-T5, 6063-T52, or
6063- T832 as required by loadings, deflections, and post spacing
specified.
2. Provide Schedule 40 pipe, minimum, unless conditions of detail and
fabrication require extra-heavy pipe to comply with Specifications.
Rails and posts shall have minimum outside diameter of 1.90 inches.
D. Reinforcing Bars: Solid, circular profile, 24 inches long, 6061- T6 aluminum
reinforcing bars with same outside diameter as inside diameter of post.
E. Anchors and Fastenings:
I. For anchors and fasteners, use Type 316 stainless steel; minimum 0.5-
inch diameter.
2. Provide minimum of four bolt fasteners per post where surface-
mounted posts are shown. Components shall be in accordance with
manufacturer's recommendations and as approved or accepted (as
applicable) by OWNER on submittals.
F. Castings:
I. Provide high-strength aluminum alloy brackets, flanges, and fittings
suitable for anodizing as specified.
2. Aluminum alloy sand castings: ASTM B26/B26M.
G. Connector Sleeves: Schedule 40, 5.0-inch long by 1.6l0-inch diameter.
H. Sockets: Provide six-inch deep by 2.5-inch outside diameter aluminum
sockets with 3.5-inch wide socket cover on bottom of each socket and on top
and bottom of removable post sockets.
1. Custom Cover Flanges: 1/4-inch high by 4.0-inch diameter, aluminum.
J. Adhesive: Two-part waterproof epoxy-type as recommended by handrail and
railing systems manufacturer.
K. Non-shrink Grout: Refer to Section 03305, Concrete.
L. Toeboards:
I. Provide extruded Alloy 6063- T5 or T52 aluminum alloy toeboards,
unless railing is mounted on curbs or other construction of sufficient
height and type to conform to OSHA 1910.23. Bars or plates are not
acceptable.
4037-097 05522-8
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 05522 ~ Aluminum Handrails and Railings
2. Unless otherwise specified, toeboards shall conform to requirements of
OSHA 1910.23. Section (e).
M. System Components and Miscellaneous Accessories: Provide complete
selection of manufacturer's standard and custom aluminum handrail and
railing systems components and miscellaneous accessories required. Show
type and location of all such items on Shop Drawings and other submittals as
applicable.
2.4 FABRICATION
A. General: Unless otherwise shown or specified, provide typical non-welded
construction details and fabrication techniques recommended in
NAAMM/AMP Pipe Railing Manual and NAAMM/AMP AMP 501.
B. Fabricate handrail and railing systems true to line and level, with accurate
angles surfaces and straight edges. Fabricate corners without using fittings.
Provide bent-metal corners to smallest radius possible without causing grain
separation or otherwise impairing the Work. Form elbow bends and wall
returns to uniform radius, free from buckles and twists, with smooth finished
surfaces, or use prefabricated bends. Provide not less than four-inch outside
radius.
C. Remove burrs from exposed edges.
D. Close aluminum pipe ends by using prefabricated fittings.
E. Weep Holes:
I. Fabricate joints that will be exposed to weather to exclude water.
2. Provide l5/64-inch diameter weep holes at lowest possible point on
each post in handrail and railing systems.
3. Providc pressure rclief holes at closed ends of handrail and railing
systems.
F. Toeboards:
I. Provide manufacturer's standard toe board, which accommodates
movement causcd by thermal change specified without warping or
bowing toe boards.
2. Provide manufacturer's standard toeboard, which accommodates
storage for removable socket covers.
3. Coordinate and cope toe board as required to accommodate cover
flanges at posts.
4. Toeboards shall follow curvature of railing. Where railing is shown to
have curved contours at corncrs. or othcr locations, toe board shall
4037-097 05522-9
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 05522 - Aluminum Handrails and Railings
likewise be curved to follow line of railing system.
G. Reinforcing Bars: Provide reinforcing bar friction-fitted at each post in
railing system. Extend reinforcing bars of tubes six inches into cast-in-place
sleeves or other types of supporting brackets.
H. Mechanically Fitted Component Pipe Handrail and Railing System:
I. Use non-welded pipe handrail and railing system with posts, top and
intermediate rail(s), and flush joints.
2. Provide top and one intermediate horizontal rail(s), equally spaced.
3. Do not use blind rivets, pop rivets, or other exposed fastening devices
in the Work. Fasteners used for side-mounting fascia flanges where
shown or specified may be exposed in the Work. Provide internal
threaded aluminum rivets, stainless steel through-bolts with lock nuts,
stainless steel sheet metal screws with lock washers, and epoxy
adhesive for fastening components of the Work.
2.5 FINISHES
A. General:
1. Prepare surfaces for finishing in accordance with recommendation of
aluminum producer and the finisher or processor.
2. Adjust and control direction of mechanical finishes specified to achieve
best overall visual effect in the Work.
3. Color and Texture Tolerance: Provide uniform color and continuous
mechanical texture for aluminum components. OWNER reserves the
right to reject aluminum materials because of color or texture variations
that are visually objectionable, but only where variation exceed range
of variations established by manufacturer prior to fabrication, by means
of range of Samples approved by OWNER.
2.6 SOURCE QUALITY CONTROL
A. Allowable Tolerances:
I. Limit variation of cast-in-place inserts, sleeves and field-drilled anchor
and fastener holes to the following:
a. Spacing: Plus-or-minus 3/8-inch.
b. Alignment: Plus-or-minus 1I4-inch.
c. Plumbness: Plus-or-minus 1I8-inch.
2. Minimum Handrails and Railings Systems Plumb Criteria:
a. Limit variation of completed handrail and railing system alignment
to l/4-inch in 12.0 feet with posts set plumb to within 1/l6-inch in
3.0 feet.
4037-097 05522-10
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 05522 - Aluminum Handrails and Railings
b. Align rails so variations from level for horizontal members and
from parallel with rake of stairs and ramps for sloping members do
not exceed 1/4-inch in 12.0 feet.
3. Provide "pencil-line" thin butt joints.
PART 3 EXECUTION
3.1 INSPECTION
A. Examine conditions under which Work is to be performed and notify
OWNER, in writing of conditions detrimental to proper and timely
completion of the Work. Do not proceed with installation until
unsatisfactory conditions are corrected.
B. Verify to OWNER gauge of aluminum pipe railing posts and rails brought to
the Site by actual measurement of on-Site material in presence of OWNER.
3.2 INSTALLATION
A. General:
I. Do not erect components that have become scarred, dented, chipped,
discolored, otherwise damaged or defaced. Remove from Site railing
and handrail system components that have holes, cuts, gouges, deep
scratches, or dents of any kind. Repairs to correct such Work will not
be accepted. Remove and replace with new material.
2. Comply with installation and anchorage recommendations of
NAAMM/AMP Pipe Railing Manual and NAAMM/AMP AMP 501 in
addition to requirements specified and approved or accepted (as
applicable) submittals.
B. Fastening to In-Place Construction:
I. Remove protective plastic immediately before installing.
2. Adjust handrails and railings prior to securing in place, to ensure proper
matching at butting joints and correct alignment throughout their
length. Plumb posts in each direction. Secure posts and rail ends to
building or structure as follows:
a. Anchor posts to stair stringers with stringer or support flanges,
angle type or floor type as required by conditions, shop-connected
to posts and bolted to steel supporting members. Flanges shall be
as recommended by manufacturer. Verify that reinforcing bars
have been inserted into posts before installation. Do not install
posts without reinforcing bar.
4037-097 05522.11
Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 05522 - Aluminum Handrails and Railings
b. Side-mount posts by fastening them securely in brackets attached
to steel or concrete fascia as shown and in accordance with
approved or accepted (as applicable) submittals.
3. Use devices and fasteners recommended by handrail and railing
systems manufacturer and as shown on approved or accepted (as
applicable) submittals.
C. Cutting, Fitting and Placement:
I. Perform cutting, drilling and fitting required for installation. Set the
Work accurately in location, alignment, and elevation, plumb, level,
true, and free of rack, measured from established lines and levels.
2. Fit exposed connections accurately together to form tight hairline
joints. Do not cut or abrade surfaces of units that have been finished
after fabrication, and are intended for field connections.
3. Make permanent field splice connections using manufacturer's
recommended epoxy adhesive and 5.0-inch minimum length connector
sleeves. Tight press-fit field splice connectors and install in accordance
with manufacturer's written instructions. Follow epoxy manufacturer's
recommendations for requirements of installation and conditions of
use.
4. Make splices as near as possible to posts, but not exceeding 12.0 inches
from nearest post.
5. Field welding is not allowed. Make splices using pipe splice lock
employing a single alien screw to lock joint.
6. Securely fasten toe boards in place with not more than 1/4-inch
clearance above floor level.
7. Drill one l5/M-inch diameter weep hole not more than 1/4-inch above
top of location of solid reinforcing bar or tube in each post.
D. Protection from Dissimilar Materials:
1. Coat aluminum surfaces in contact with dissimilar materials such as
concrete, masonry, and steel, coat with coal tar epoxy.
2. Do not extend coating beyond contact surfaces. Remove coating where
exposed-to-view in the finished Work.
3.3 CLEANING AND REPAIRING
A. Cleaning: Installer shall clean exposed surfaces of handrail and railing
systems after completing installation. Comply with recommendations of
both handrail and railing system manufacturer and finish manufacturer. Do
not use abrasives or unacceptable solvent cleaners. Test cleaning techniques
on an unused section of railing before employing cleaning technique.
4037-097
05522-12
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Technical Specifications
Forest Lakes MSTU Bond Project F-53
Section No. 05522 - Aluminum Handrails and Railings
I. Remove stains, dirt, grease, and other substances by washing handrails
and railings systems thoroughly using clean water and soap; rinse with
clean water.
2. Do not use acid solution, steel wool, or other harsh abrasives.
3. If stain remains after washing, remove defective sections and replace
with new material meeting requirements of this Section.
B. Handrails and railings shall be free from dents, burrs, scratches, holes, and
other blemishes. Replace damaged or otherwise defective Work with new
material that conforms with this Section at no additional cost to OWNER.
C. At Substantial Completion, replace adjacent work marred by the Work of this
Section.
- END OF SECTION -
4037-097
05522-13
EXHIBIT K
PERMITS
GC-CA-K-1
EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
EXHIBIT M
PLANS AND SPECIFICATIONS
Provided in Separate File
GC-CA-J-1
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
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