#10-5441 (Douglas N. Higgins, Inc.)
ITEM NO.: lO -tQ-.c....o\loOL-
I
REQUEST FOR LEGAL SERVICES
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FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
Date:
April 27, 2010
To:
Office of the County Attorney
Attention: Jeff Klatzkow
From:
Dianna Perryman., Contract Specialist
Purchasing Department, Extension 4270
5~\
''})UJ. YJ 2C)) JO
Re: Contract: #10-5441 "Isles of Capri Water Main Replacement Phase
I"
Contractor:
Douglas N. Higgins, Inc.
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on April 13, 2010, Agenda
Item 16.C.1
This item has not been submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Jeff, please forward to the Chairman of the Board of County
Commissioners for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
C: Diana Dueri, Water Dept.
~~
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1()~OI~
RLS#
CHECKLIST FOR REVIEWING CONTRACTS
EnlUyNamec OOUj'" S 0. r\,Sir-S I'rl'
Entity name correct on contract? /./ ~s
Entity registered with FL Sec. of State? 7'" Yes
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &lor Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $
Products/Compl/Op Required $
Personal & Advert Required $
Each Occurrence Required $ LV"\\
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ 500 L Provided $
Workers Compensation .
Each accident . I _ }~eqUired $ \ rt\\ \ \
Disease Aggregate~tt equired $
Disease Each Empl \~ Required $
Umbrella Liability
Each Occurrence Provided $\O-~\.l Exp Date ~~ V
Aggregate Provided $ q I 1 Exp Date H ~ - y
Does Umbrella sufficiently cover any underinsured portion? _Yes =:::::2::No
Professional Liability -+- \(n) \ l v-\, 'e) (\ .
Each Occurrence Required $.-r:r Provided $ '2%'n\ \ \
Per Aggregate Required $ ~ Provided $
Other Insurance
Each Occur Type:
~~~: ~~
Yes No
Yes No
Exp. Date ~I \ D
Exp. Date
Exp.Date~\t I
Exp. Date
Exp. Date
Exp Date ~I 0
EXPDate~lb
Exp Date l I /
Exp Date
Provided $ 2yY\\' \ \
Provided $ tI J I
Provided $ \ 'fA;: \ I
Provided $ it I J
Provided $ ,7 ()I)'V._
\~\l
Provided $ ::5 DO )~
Provided $ ~( I)
Provided $ \ \'V"\ ~ \ l
Required $
Provided $
County required to be named as additional insured?
County named as additional insured?
L*
es
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
LYes
Yes
Performance Bond
Bond requirement referenced in contract?
Ifattached, expiration date of bond
Does dollar amount match contract? \ p'14 . oq,. 0 0
Agent registered in Florida?
~
~
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
~es
./' Xes
----v- xes
~s
~
~y;s
~
y
Attachments
Are all required attachments included?
No
No
Exp.Date~) \0
Exp. Date
Exp Date_
No
No
~~
No
No
No
No
No
No
No
No
No
No
ReVie~~ Initials: &1/ to
Date:
04-COA-OI030 2
MEMORANDUM
FROM:
Ray Carter
Risk Management Department r /La..-':""" €>6l\
Dianna Perryman, Contract speci~
Purchasing Department
TO:
DATE:
April 27, 2010
RE:
Review of Insurance for Contract: #10-5441 "Isles of Capri Water
Main Replacement Phase I"
Contractor:
Douglas N. Higgins, Inc.
This Contract was approved by the BCC on April 13, 2010, Agenda Item
16.C.1
Please review the Insurance Certificates and Payment & Performance Bonds
for the above-referenced contract. If everything is acceptable, please forward
to the County Attorney for further review and approval. Also, please advise
me when it has been forwarded. Thank you. If you have any questions,
please contact me at extension 4270.
Mtt IEm8)
APR 2 7 2010
RISK MANAGEMENT
dod/DP
c: Diana Dueri, Water Dept.
. .
mausen_9
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Tuesday, April 27, 2010 4:26 PM
perryman_d
DueriDiana; mausen_g; HerreraSandra; DeLeonDiana
Contract 10-5441 "Isles of Capri Water Main Replacement Phase 1"
All, I have approved the certificate of insurance in addition to the payment and performance bonds for contract 10-5441
provided by Douglas N. Higgins, Inc. The contract will now be forwarded to the county attorney's office for their review.
Thank you,
Ray
~~
Manager Risk Finance
Office 239-252-8839
Cell 239-821-9370
Under Florida Law, e-mail addresses are public records, If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
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DOUGLAS N. HIGGINS INC.
Filing Information
Document Number 830666
FEI/EIN Number 381807765/
Date Filed 08/01/1973
State M I
Status ACTIVE
Principal Address
3390 TRAVIS POINTE RD.
SUITE A
ANN ARBOR MI48108 US
Changed 01/25/2000
Mailing Address
3390 TRAVIS POINTE RD.
SUITE A
ANN ARBOR MI 48108 US
Changed 01/25/2000
Registered Agent Name & Address
CFRA, LLC
CORPORATE CENTER THREE AT INT'L PLAZA
4221 W. BOY SCOUT BLVD, 10TH FLOOR
TAMPA FL 33607-5736 US
Name Changed: OS/27/2003
Address Changed: 06/28/2004
Officer/Director Detail
Name & Address
Title V
SWEET, JAMES H.
9462 HIDDEN LAKE CIRCLE
DEXTER MI
Title ST
HAWKER, SUZANNE
9462 HIDDEN LAKE CIRCLE
DEXTER MI
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Title PO
HIGGINS, DOUGLAS N
3390 TRAVIS POINTE RD., SUITE A
ANN ARBOR, MICH 00000
Title V ~
WILKIE, KELLY
3390 TRAVIS POINTE RD / #A .
ANN ARBOR MI48108
Title V
HIGGINS, DANIEL
3390 TRAVIS POINTE RD. SUITE A
ANN ARBOR MI48108
Title V
WILLIAM, HIGGINS
3390 TRAVIS POINTE RD/ #A
ANN ARBOR MI48108
Annual Reports
Report Year Filed Date
2008 01/07/2008
2009 01/20/2009
2010 01/04/2010
Document Images
01/04/2010 -- ANNUAL REPORT
01120/2009 -- ANNUAL REPORT
01/07/2008 -- ANNUAL REPORT
01/17/2007 -- ANNUAL REPORT
01/17/2006 -- ANNUAL REPORT
01/19/2005 -- ANNUAL REPORT
02/02/2004 -- ANNUAL REPORT
OS/27/2003 -- Reo. Aoent Chanoe
01/17/2003 -- ANNUAL REPORT
02/04/2002 -- ANNUAL REPORT
01122/2001 -- ANNUAL REPORT
01/25/2000 -- ANNUAL REPORT
02/22/1999 -- ANNUAL REPORT
01/26/1998 -- ANNUAL REPORT
02/03/1997 -- ANNUAL REPORT
01/26/1996 -- ANNUAL REPORT
01/25/1995 -- ANNUAL REPORT
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cJt.. CountJI
A.drrinisb'ative Services Division
Purchasing
Isle of Capri Water Main Replacement Phase 1
COLLIER COUNTY BID NO.1 0-5441
COLLIER COUNTY, FLORIDA
Design Professional:
Q. Grady Minor & Assoc.
(i)
Pu!d1asing ~. 3301 T amiami Trail East. Naples, Florida 34112 . www.colliergov.nel1purcMsing
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Q. Grady Minor & Assoc.
and identified as follows: Isle of Capri Water Main Replacement
Phase 1
as shown on Plan Sheets 1 through 33.
EXHIBIT N: Contractor's List of Key Personnel
cJt,emmty
Adrrinistrative Servioes Division
Purchasing
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Isle of Capri Water Main Replacement Phase 1
COUNTY BID NO. 10-5441
Separate sealed bids for the construction of Isle of Capri Water Main Replacement
Phase 1, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the
Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building,
Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the
5th day of March 2010, at which time all bids will be publicly opened and read aloud.
Any bids received after the time and date specified will not be accepted and shall be
returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 18th
day of February, 2010, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project. All Bidders shall submit all
questions via the Online Bidding System located at colliergov.net\bid. All questions will
be answered in the Online Bidding System. The Engineer's Estimate for this project is
One Million six hundred thousand Dollars (1,600,000.00).
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Isle of Capri Water Main Replacement Phase 1 Bid No.
1 0-5441 and Bid Date of March 5, 2010". No bid shall be considered unless it is made
on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule
(GC-P-1 through GC-P-16) shall be removed from the Bidding Documents prior to
submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E-Procurement website: www.collierqov.netlbid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
GC-PN-1
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either be executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within One
hundred eighty (180) calendar days from and after the Commencement Date specified
in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 5th day of February, 2010.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell
Purchasing/General Services Director
GC-PN-2
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-16 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
GC-IB-1
enclosed in another sealed envelope addressed as above. Bids received at the
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the one hundred and twenty (120) day period without
selecting any or all alternates, the Owner shall retain the right to subsequently award to
the Successful Bidder said alternates at a later time but no later than one hundred and
twenty (120) days from opening, unless otherwise agreed by the Purchasing Director
and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-I B-2
Section 5. Sianina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC-IB-3
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Reauirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
GC-18-4
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
11.2 Alternate Bid Pricina: In the event that alternate pricing is requested, it is an
expressed requirement of the bid invitation to provide pricing for all alternates as listed.
The omission of a response or a no-bid or lack of a submitted price may be the basis for
the rejection of the submitted bid response. All bids responses received without pricing
for all alternates as listed will be considered technically non-responsive and will not be
considered for award.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 Statement of Award: The Award of Contract shall be issued to the lowest,
responsive and qualified Bidder determined by the base bid, and any, or all, selected
alternates, and the Owner's investigations of the Bidder. In determining the lowest,
responsive and qualified bidder, the Owner shall consider the capability of the Bidder to
perform the contract in a timely and responsible manner. When the contract is awarded
by Owner, such award shall be evidenced by a written Notice of Award, signed by a
Purchasing Agent of the Owner's Purchasing Department or his or her designee and
delivered to the intended awardee or mailed to awardee at the business address shown
in the Bid.
Local Vendor Preference: The Collier County Board of County Commissioners has
adopted a Local Preference "Right to Match" policy to enhance the opportunities of local
businesses to receive awards of Collier County contracts.
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
GC-18-5
services to be purchased, and a physical business address located within the limits of
Collier or Lee Counties from which the vendor operates or performs business. Post
Office Boxes are not verifiable and shall not be used for the purpose of establishing said
physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of 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.
When a qualified and responsive, non-local business submits the lowest price bid, and
the bid submitted by one or more qualified and responsive local businesses is within ten
percent (10%) of the price submitted by the non-local business, then the local business
with the apparent lowest bid offer (Le. the lowest local bidder) shall have the opportunity
to submit, an offer to match the price(s) offered by the overall lowest, qualified and
responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder
and the lowest local bidder are in fact qualified and responsive bidders. Next, the
Purchasing Department shall determine if the lowest local bidder meets the
requirements of Section 287.087 F.S.
If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing
Department shall invite the lowest local bidder to submit a matching offer to the
Purchasing Department which shall be submitted within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid
from the lowest non-local bidder tendered previously, then award shall be made to the
local bidder. If the lowest local bidder declines or is unable to match the lowest non
local bid price(s), then award will be made to the lowest overall qualified and responsive
bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S.
and the lowest non-local bidder does, award will be made to the bidder that meets the
requirements of the reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming
Status as a Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will
preclude said Bidder from being considered for local preference on this
solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to
one year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of
GC-18-6
clarification to assure full understanding of, and responsiveness to solicitation
requirements.
12.3 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
12.4 Certificate of Authority to Conduct Business in the State of Florida
(Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall
be required to provide a certificate of authority from the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute
607.1501 (www.sunbiz.orq/search.html). A copy of the document shall be submitted
with the solicitation response and the document number shall be identified. Firms who
do not provide the certificate of authority at the time of response shall be required to
provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the
right to award to another firm.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
GC-I B-7
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
GC-18-8
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
GC-IB-9
cJt,.~
Email: ScottJohnson@collieraov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
AdTrinislrative Services Division
Purchasing
ADDENDUM
Memorandum
Date:
March 1, 2010
From:
Scott D. Johnson, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #1 - ITB #10-5441
"Isle of Capri Water Main Replacement Phase 1"
The following clarifications are issued as Addendum #1 identifying the following change
(s) for the referenced bid:
ITEM NO.1 - Pre-Bid Conference
The Pre-Bid conference was held on February 18, 2010 at 1 0:00AM. A brief description of the
project was given along with a question and answer period. In this Addendum are items providing
clarification. A list of those in attendance and a recording of the meeting is available with County
Purchasing.
ITEM NO.2 - Excavation
All excavation shall be unclassified with no additional payment to be made for rock, muck or other
materials.
ITEM NO.3 - Storage Area
A proposed storage area near the existing County water facility is being made available for
Contractor use. Sheet No. 13 has been revised and reissued with additional information.
ITEM NO.4 - Driveway Interruption
Contractor shall minimize all disruption to existing residential and business driveways. All
temporary closure shall be coordinated with the property ownerlresident in accordance with the
specification.
tV 0
/1 \.r\
J .y
AddendumTemplate
Revised: 3/25/09
1
.
ITEM NO.5 - Water Service Interruption
Contractor shall minimize all disruption of existing water service to property owners/residents. This
is especially critical for businesses in the area. Contractor shall be responsible for all notification to
residents and businesses in accordance with the specification.
ITEM NO.6 - Driveway Culverts
Contractor shall exercise extreme care in all work near existing driveway and roadway culverts. A
small quantity of culvert replacement has been included where there is direct conflict. Any damage
to culverts outside of the trench limits shall be repaired at no additional cost to the County. New
end treatments shall match existing and be included in the cost of the culvert material.
ITEM NO.7 - Sod Restoration
Sod shall be replaced to match existing. Where 50% or more of the yard is Floritam it shall be
replaced with Floritam. All other areas shall be sodded with Bahia. If there is any question
concerning sod type to be used, the Contractor shall coordinate with County and property owner.
ITEM NO.8 - Brick / Pattern Concrete
The existing brick and embossed concrete drives will have the new main directional bore under
them (or at contractors option jack & bore) to avoid removal of these driveways. This will be further
identified on the reissued sheets and bid form. This is generally limited to the side street with 6"
mains.
ITEM NO.9 - Disinfection / Pressure Testing
It is intended that the new main shall be constructed in its entirety including side streets with
service stub-outs prior to its flushing, pressure testing and disinfection. The contractor may
request an alternative plan, however any additional costs for temporary connections, jumpers,
permanent connections, disinfection, pressure tests, etc. shall be borne by the contractor. The
County and Engineer will make the necessary certification as required at no additional cost. Note it
is critical that service outages be minimized.
ITEM NO 10 - Project Substantial/ Final Completion
Based upon discussion at the Pre-Bid Meeting the project substantial and final completion times
shall be revised to 200 and 230 consecutive calendar days. Work shall be limited to 7:00AM to
7:00PM Monday through Friday. No work shall be permitted on Saturday or County holidays
without prior approval.
ITEM NO. 11 - Aerial Crossing
The aerial crossing shall be made utilizing flanged, ductile iron pipe in accordance with the County
Utility Standard. Upon removal of the existing piping at the aerial crossing, the existing pipe
supports shall be cleaned and painted prior to installation of the new piping. New pipe clamps
shall be provided for the piping. Piping and supports shall be coated in accordance with
requirements for above grade pipe.
ITEM NO. 12 - Pre-Construction Audio-Video Recording
Pre-Construction Audio-Video recording in accordance with the County Specification (022200)
shall be completed. In addition, a Driveway Protection / Replacement Plan and Existing Sod
Survey Sheet shall be prepared for each driveway. A sample form is included in this Addendum.
ITEM NO. 13 - Abandonment
Existing Asbestos Cement (AC) pipe shall be abandoned in place by grouting. This includes 3", 4"
and 6" pipe. Pipe less than 3" in size shall be abandoned in place with no grouting required. The
existing 8" and 10" PVC pipe shall be removed when the new system is fully in service except as
noted. The Miscellaneous Abandonment Unit Price shall include the removal of the valves, valve
pads, blowoffs, existing meter boxes, fire hydrant, etc. that may remain with abandonment of the
existing system.
The AC pipe is the 3", 4" and 6". This pipe is to be grouted in place. Any removal of AC pipe for
grouting or otherwise as necessary shall be in accordance with the County specification, Local,
State and Federal requirements. The pipe that is 8" and 10" is PVC pipe and shall be either
grouted in place or removed as noted.
ITEM NO. 14 - Asphalt Pathways
The cost of resting the asphalt pathways shall be included in the Roadway Removal/Replacement
Unit Price.
ITEM NO. 15 - Surface Restoration
Generally surface restoration shall follow construction of the water main and services and is
identified in the technical specifications and plans. Where necessary due to additional work in the
area, temporary patches and surfacing may be installed. These areas shall be maintained by the
contractor until permanent restoration can be made.
ITEM NO. 16 - Backflow Devices
A catalog cut of the backflow device to be provided by the County is attached for reference. The
County will provide the above grade backflow device, but Contractor shall provide all necessary
piping and fitting. Bottom of backflow device shall be a minimum of 12" above grade and not
exceed 18". The County supplied device will included the straight pipe from the bottom 90's up.
Contractor shall pick up devices at the County's Mercantile facility. Upon completion of installation
the County will provide testing of the installed device. Attached is a Scope of Work sheet for the
proposed installation.
ITEM NO. 17 - County Supplied Material
Upon further review of the discussion concerning potential warranty issues of the county
purchasing and supplying most of the material for the project, the County will be limiting their
involvement of providing materials for the Project. The County will be supplying the following items
for installation by the Contractor.
A. Backflow Prevention Devices (To be picked up by Contractor at Mercantile Facility)
B. New Water Meters, where necessary (To be picked up by Contractor at Mercantile Facility)
The County may be directly purchasing some of the PVC pipe. If this is done a change order will
be negotiated with the Contractor. If purchased directly by the County they will arrange delivery of
the piping to the Contractors storage yard. The Contractor will be responsible for off-loading,
verifying condition and acceptable and maintaining until ready for installation. The Contractor will
be responsible for the warranty of the installation and the County will be responsible for any
material defects.
ITEM NO. 18 - Sales Tax Savings and Direct Purchase
The County intends to utilize the provision of the Sales Tax Savings and Direct Purchase found in
the General Condition Paragraph 32. This shall include as many of the materials as possible.
ITEM NO. 19 - Plan Revision
The following plan sheets are reissued with changes. Plan sheets 1,2,4,13,14,15,16,17,19,21,22
and 23. The plans in their entirety are reissued to assist the bidder in both a PDF and AutoCAD
format. The Bidders may obtain one (1) full size set of plans at the Engineer's office at no cost.
ITEM NO. 20 - Specification Revision
The following specification items are reissued:
. Project Description
. Technical Specification (Exhibit J)
ITEM NO. 21 - Bid Form
The bid form is revised and reissued.
ITEM NO. 22 - Main & Service Line Breaks
The Contractor shall be responsible for all repairs to existing water mains and services in the area
of their work. This shall include, but not be limited to locations where they are directly cut and
crushed or damaged due to construction vehicles or vibration.
Revised Plans per the pre-bid
Revised Bid Schedule in Online bidding System
Attendance Sheets from Pre-bid
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Diana Dueri
cJtr.~
Email: ScottJohnsonCWcollierQov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
AdrrinisIraIive SeM::es DMsion
Purchasing
ADDENDUM
Memorandum
Date:
March 3, 2010
From:
Scott D. Johnson, Purchasing Agent
To:
I nterested Bidders
Subject:
Addendum #1 - ITB #10-5441
"Isle of Capri Water Main Replacement Phase 1"
The following clarifications are issued as Addendum #1 identifying the following change
(s) for the referenced bid:
Revised specs re reflect changes in County Direct Purchases
Revised Bid Schedule in Online bidding System
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Diana Dueri
" ji~~e" '''. /10
lit ')
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AddendumTemplate
Revised: 3/25/09
1
COLLIER COUNTY
WEST WIND MOBilE HOME PARK WATER DISTRIBUTION
IMPROVEMENTS
Driveway Protection/Replacement Plan and existing Sod Survey
Homeowner's Address:
Villasenor Residence
107 Andrea Ln
Naples, FL 34114
Existing Condition Photograph:
Date of Photograph:
9/4/2009
Protection/Replacement Plan: Cut driveway apron Remove concrete, Install Pipe, than fe-pour
concrete driveway.
Sod Type (to be Replaced): Bahia
Final Condition Photograph: Date of Photograph:
Submitted By: Date:
Guymann Construction of FL, Inc.
Approved By:
Date:
AECOM
ISLE OF CAPRI
W A TERMAIN REPLACEMENT PHASE 1
BACKFLOW PREVENTATION DEVICE
Upon completion of the new water main construction and its clearance, the new water main
connection will be made at the individual services. This shall include new water meter boxes,
comlection to existing meter and installation of a new County supplied backflow prevention
device.
1. The County will give a worksheet to the Contractor to fill out each address. The
worksheet has the following information: address, names of personnel completing task,
BFP #, meter #, parts used, and signature of competent person responsible for completion
of task.
2. The Contractor shall be responsible for coordinating with each property owner / resident
for the connection to the new main and installation of the backflow prevention device.
This work should ideally be completed on a street by street basis.
3. Contractor will be responsible for excavation at each site. It is required that the
contractor takes pictures of each site prior to and after the installation. These photos
should be attached to the worksheet. The Contractor will not be allowed to start any
work until the before pictures are delivered to the Project Manager.
4. Contractor may wish to use customer's shut-off on the side of the home to minimize
dewatering, but in doing so takes full responsibility should the valve fail in the
performance of the task.
5. Contractor is responsible for locates at the individual work-sites.
6. The backflow devices shall be picked up by the contractor at the County's Mercantile
Facility. The Contractor shall provide written receipt of the devices. Upon receipt the
Contractor shall be responsible for their security.
7. Installation of the assemblies will be per detail - Attachment A. Device will be level and
plumb. Connections to the customer's side plumbing will be professional and utilize as
few parts as possible, but not adding any undue stress to existing piping. No leakage will
be acceptable.
8. On completion of backflow pl'eventer installation, the service shall be flushed to the
resident's hose bib on incoming side, removing as much air as possible.
G:\PROJ.ENG\C\CCU14\08CDo.;s\O lBidding-Addenda-COs-Corr\Watennain Replacement Phase I.doc
9. Collier County will be responsible for the testing of the device, once installed. A
complete test repOli will accompany the work order generated for the task.
10. Contractor will be responsible for back-filling and site repair (grass, plants, concrete,
asphalt. etc.) for each address. This includes any repairs to any pre-existing utilities or
stmctures.
11. A completed work form and back flow test report must be submitted for each installation,
daily.
G:\PROJ- ENG\C\CCU74108CDocs\O I Bidding-Addenda-COs-Corr\ Watemlsin Replacement Phase I.doc
Q. GRADY MINOR & ASSOCIATES, P.A. DATE: to \'2."2.. \ 7.0 \ 0
Chil Englneen _ Land Sun'eyon _ Planners _ Landscape Architects PROJECT: :t:.,-e OF C",,2., -Pti 1.
3800 VIa Del Rey
Bonita Springs, Florida 34134 BA("~~"" OltvLC ut
(239) 947-1144 _ Fax (239) 947-0375
Email: englneerlng@gradymlnor.com PREPARED BY: Dw')
EBOO05151/ LBOOOS151I LC26000266
"ALL VALVES .
6" LONG NIPPLE UNION UNION
/ I B:H. ~ I [ I
"" \Z~ y ""
24" LONG NIPPLE l
\ ," LONG 1 L ," LONG NIPPLE
NIPPLE V"O LONG NIPPlE
RPZ VALVE
12' <MIN.) ,
IS' (MAX.)
THREADED J
,
6" LONG NIPPLE- 90' ELBOW . \ - 0" LONG NIPPlE
.----
~. y
. TH~EADED ~ _'.i .~
If ~' 90 ELBOW , "',~ 7)
THREADED
COUPLING REPAIR
R~ .. METER SPUD COUPUNG
SERVICE LINE
METER BOX
C.OUNTY SOP.pL\~O I
<:1/" " 2" ~ " 1J1 A ,C:.C:U?MBL Y
J '
WILKINS . Model 975XL
'a ZURN, company Reduced Pressure Principle Assembly
~)PE: C~I Ft(~A TION. SUBMIIT AL ~:3 ~'~~I E:E:~T
APPLICATION
Designee! for installation on potable water lines to protect
against both backsiphonage and backpressure of contami-
nated water Into the potable water supply. Assembly shall
provide protection where a potential health hazard exists.
FEATURES
Sizes: 03/4" 0 1" t:J 11/4" 0 11/2" 02"
Maximum working water pressure
Maximum working water temperature
Hydrostatic test pressure
End connections Threaded
175 PSI
1800F
350 PSI
ANSI 81.20.1
OPTIONS
(Suffixes can be combined)
o - with full port QT ball valves (standard)
o L - less ball valves
o U - with union ball valves
o MS - with integral relief valve monitor switch
o P - for reclaimed water systems
o S - with bronze "yn type strainer
o 8MS - with battery operated monitor switch
o FOC - with tire hydrant connection; 2" only
o TCU - with test cocks up
o V - with union swivel elbows (3/4" & 1")
o SE - with street elbows
o FT - with integral male 450 flare SAE test fitting
ACCESSORIES
o Air gap (Model AG)
o Repair kit (rubber only)
o Thermal expansion tank (Model XT)
o Soft seated check valve (Model 40XL)
o Shock arrester (Model 1250)
o QT-SET Quick Test Fitting Set
o Ball valve handle locks
o Test Cock Lock (Model TCL24)
DIMENSIONS & WEIGHTS (do not Include pkg.)
STANDARDS COMPLIANCE
. ASSE@ Listed 1013
. IAPM()@ listed
. UL@ Classified Qess shut-offvalves orwilh OS&Y valves}
. C-UL@ Classified
. CSA@ Certified
. AWWACompllantC511
. Approved by the Foundation for Cross Connection
Control and Hydraulic Research at the University of
Southern California
. NYC MEA 425.89.M VOL 3
MATERIALS
Main valve body
Access covers
Fasteners
Elastomers
Polymers
Springs
Cast Bronze ASTM B 584
Cast Bronze ASTM B 584
Stainless Steel, 300 Series
Silicone (FDA Approved)
Buna Nilrlle (FOAApproved)
NoryllM. NSF Listed
StaInless steel, 300 serIes
G
Relief Valve discharge port:
314" - 1" 0.63 sq. in.
11/4" - 2" - 1.19 sq. In.
DIMENSIONS (approximate) WEIGHT
MODEL AUNION B LESS BALL LESS WITH
SIZE A C 0 E F G BALL BALL
BALL VALVES VAlVES VALVES VALVES
In. mm in. mm in. mm in. mm in. mm in. mm In. mm in. mm in. mm Ibs kg Ibs. kg
3/4 20 12 305 133/4 349 7314 197 21/8 54 3 76 31J2 89 5 127 16118 410 10 4.5 12 5.5
1 25 13 330 141/2 368 7314 197 21/8 54 3 76 31/2 89 6 127 17 3/8 441 10 4.5 14 6.4
1114 32 17 432 1813/16 478 1015116 278 23/4 70 31/2 89 5 127 63/4 171 229/16 573 22 10 28 12.7
11/2 40 17 3/8 441 193/8 492 10 15J16 278 2314 70 31/2 89 5 127 6314 171 24 1/16 611 22 10 28 12.7
2 50 181/2 470 20 112 521 1015/16 278 23/4 70 3112 89 5 127 63/4 171 26 1/2 673 22 10 34 15.4
DOCUMENT #: REVISION;
, BF-975XL I 6/09
Page 1 of 2 WILKINS aZurn company, 1747 Commerce Way, Paso Robles, CA93446 Phone:8051238.7100 Fax:806/238-5766
In Canada: ZURN INDUSTRieS LIMITED, 3544 Nashua Dr., Misslssauga, Onlarlo L4V 1L2 Phone:9051405-8272 Fax:906f406.1292
Product Support Help LIne: 1-877-BACKFlOW(1-877-222.5356) . Webslte: hUp:flwww.zum.com
FLOW CHARACTERISTICS
MODEL 975XL 3/4", i", 11/4",1112" & 2" (STANDARD & METRIC)
FLOW RATES (IJs)
6" 1.26 2.52 3.8 5.0 3.2 6.3 9.5 12.6 15.8 [g,
~20 20 _71': II. 137 ~
3/4' (2Omm l' (25mm) 1 1/4' (3Zmm) (40nunJo<!""z. (6Omm) == UJ
~ 15 UJ
16 103 g
~ 10 69 ~
10 :::l
UJ
UJ UJ
~ w
35 0::
50 50 0.
0. 20 40 60 80 50 100 150 200 250
FLOW RATES (GPM)
<> Rated FlolV (Established by approval agencies)
Local codes shall govern installation require-
ments. To be installed in accordance with the
manufacturers' instructions and the latest edition
of the Uniform Plumbing Code. Unless otherwise
specified, the assembly shall be mounted at a
minimum of 12" (305mm) and a maximum of 30.
(762mm) above adequate drains with sufficient
side clearance for testing and maintenance. The
installation shall be made so that no part of the
unit can be submerged.
Capacity thru Schedule 40 Pipe
Pipe size 5 ft(sec 7.5 ft(see 10 ft(see 15 ftlsee
1/8" 1 1 2 3
1/4" 2 2 3 5
3/8" 3 4 6 9
1/2" 5 7 9 14
3/4" 8 12 17 25
1" 13 20 27 40
1 1/4" 23 35 47 70
1112" 32 48 63 95
2" 52 78 105 167
TYPICAL INSTALLATION
FLOOR../
PROTECTIVE
ENCLOSURE
", -:.'
.;. . ....
DIRECTION OF fLOW ~
DIRECTION OF FLOW <=i>
INDOOR INSTALLATION
rSh<rM'l wi optional BMS)
OUTDOOR INSTALLATION
SPECIFICATIONS
The Reduced Pressure Principle Backflow Preventer shall be ASSE@ LIsted 1013, rated to 1800F and supplied with
full port ball valves. The maIn body and access covers shall be bronze (ASTM B 584), the seat ring and all internal
polymers shall be NSF@ Listed Naryl"l and the seat disc elastomers shall be silicone. The first and second checks
shall be accessible for maintenance without removing the relief valve or the entire device from the line. If Installed
indoors, the installation shall be supplied with an air gap adapter and Integral monitor switch. The Reduced Pressure
Principle Backflow Preventer shall be a WILKINS Model 975XL.
WILKINS a Zurn company, 1747 Commerce Way, Paso Robles, CA 93446 Phone:S05123S-7100 Fax:806/23S-5766
IN CANADA: ZURN INDUSTRIES LIMITED, 3544 Nashua Dr., Mlssissauga. Onlario L4V 1L2 Phone:905l405-8272 Fax:906f405-1292
Product Support Help LIne: 1-877-BACKFLOW (1.877.222-5368) . Webslle: hllp:/lwww.%urn.com
Page 2 of 2
ISLE OF CAPRI WATER MAIN
REPLACEMENT-PHASEl
PROJECT DESCRIPTION
The proposed project shall consist of the replacement of the existing Phase 1 water main and
services. The Phase 1 area includes and is north of the existing aerial water main crossing (Near
Isle of Capri Fire Department). This shall include but not be limited: the replacement of the
existing 6" A.C. and 8H and 10" PVC mains with a new 12" pve main; grouting of the 4" and 6"
A.C. main in place; removal of the existing 8" and 10" PVC main, except as noted; replacement
of the existing 2", 3" and 4" mains on the side streets with a 6" PVC main (Existing 2", and 3"
mains to be abandoned-in-place); installation of new water services; relocation of existing water
meters to individual water meter boxes (new boxes as required); removal of abandoned fire
hydrants, valve boxes, blowoffs, etc.; installation of 12" bypass system at existing Isle of Capri
pump station; pavement patching; pavement overlay; striping and; miscellaneous work. The
owner will be providing a limited quantity of water main piping for the contractors installation.
G:\PROJ-ENG\C\CCU74\08CDoosIO IBidding-Addenda-COs-Corr\Bid Document.dOll
EXHIBIT J
TECHNICAL SPECIFICATIONS
1. All roadway materials and work shall be supplied and completed in accordance with the
FDOT "Standard Specifications for Road and Bridge Construction" dated 2010 as
revised to date.
2. All water main and utility construction shall be supplied and completed in accordance
with the Collier County W ater~Sewer District, Utilities Standards Manual dated
September 2009.
3. Clearing and grubbing shall be limited to WOl'k areas only. Contractor shall be
responsible for restoring all areas disturbed. by his work. All disturbed areas shall be
sodded to match existing.
4. Existing roadway cuts shall be patch in conjunction with water main and water service
construction. Upon completion of all work and authorization of County, all roadways
shall be overlaid and striped. Temporary striping (painted) shall be initially installed.
No reflective pavement markers, with exception of hydrant markers, shall be installed
with temporary striping. After 30 day asphalt curing period, the final thermoplastic
striping shall be installed with reflective pavement markers. Prior to any striping a Pre-
Striping Conference shall be held with County Transportation.
5. In accordance with Collier County Utility Standards a pre-construction video shall be
taken with copies provided to County. Contractor shall supplement these videos with
still photographs as necessary to reflect existing conditions. This shall include but not be
limited to driveways and driveway culvelt.
6. Design Professional shall provide electronic copies of plans to be used for construction
layout. Contractor shall be responsible for all construction layout and preparation of
Record Drawings in accordance with County Specification 017839.
7. Contractor shall field verify all water mains in which cOlmections are to be made. At
location where the proposed water main crosses existing water main, the proposed water
main is to be laid to grade as close as possible to allow the existing water main to remain
in service during constluction. Where necessary, the existing water mains shall be
adjusted. This adjustment shall be temporary in nature and consist of the use of repair
sleeves and temporary piping,
8. Contractor shall contact all utility suppliers, including the City of Marco Island
(Wastewater), Embarq, FPL and Comcast for locating of these facilities. Contractor shall
coordinate with these utilities for protection and adjustment of their facilities as needed.
All costs shall be included in individual bid items.
O:\PROJ.ENG\C\CCU74\08CDocs\OlBidding-Addenda-COs-CorrlBid Document.doc
9. Contractor shall be responsible for the cost of all material testing as required. Testing at
roadway crossings shall be in accordance with the County Right-of-Way Ordinance and
the issued permit. Testing shall include the following:
a. Roadway Crossing
i. Limerock Base; Minimum of 1 test per each 6" lift for each lane (2 per
roadway crossing). No testing offlowable fill will be required.
b. Trench
i. Backfill (Ealth): Minimum of 2 tests per 200 lineal feet. Where backfill
is 12" or greater, density tests are required in each 12" lift.
10. Contractor shall be responsible for all water main testing, disinfection, dechlorination
flushing and bacteriological clearance. This may require the main to be completed in
multiple sections.
11. Contractor shall be responsible for all Maintenance of Traffic for the project.
Maintenance of Traffic shall be in accordance with the FDOT Standard Index and the
Manual ofUnifol'm Traffic Control Devise (MUTeD, Part VI).
12. Contractor shall be responsible for development of a Stormwater Pollution Plan as
needed. This plan should include the protection of catch basins, curb inlets and canals.
Contractor should utilize silt fences, catch basin inlets devices, etc. as required.
Contractor shall be responsible for maintenance of all stormwater protection throughout
construction.
13. Contractor shall coordinate his work with all other County Contractors and workers.
14. Contractor shall provide two (2) Project Sign upon issuance of a Notice to Proceed. In
order to keep the public infOlmed regarding this Public Utilities project, the Contractor
shall be required to provide two (2) Constl11ction Project Signs (4' x 8') to be placed
on/within Project Site as directed by the County. The sign shall be supported by a
minimum of two 4" X 4" white painted posts. The sign shall contain the following
information:
The left one quarter (1/4) of the sign shall contain the current Collier County logo and a
listing of the current Collier County Board of County Commissioners with names and
district.
Donna Fiala -
Frank Halas -
Tom Henning -
Fred Coyle -
Jim Colletta -
District 1
District 2
District 3
District 4
District 5
With Specific Note: "Your Tax Dollars at Work"
Color shall be: English Ivy Green Glossy Back Ground with White Letters
Border: Black Glossy
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The right three quarters (314) side of the sign(s) shall contain the following:
Name of Project: Isle of Capri Water Main Replacement, Phase I
Project Design Professional: Q. Grady Minor & Associates, P.A.
Project Contractor:
Project Management: Collier County Public Utilities
Project Completion Date: ,2010
Contract for Project Information: Diana Dueri, Project Manager (239) 252-4218
Color: White Back Ground with English Ivy Green Letters
Border: Black Glossy
The size of the sign(s) shall be fom- feet (4') high by eight feet (8') wide unless otherwise
requested by the County. The sign shall be in the conformance with the Collier County
Land Development Code and in a format approved by the County. The Project Manager
shall be provided a proof of the sign format for approval prior to sign construction.
IS. The County will be providing the following items for installation by the Contractor. The
Contractor shall take receipt of the materials and inspect them for any damage or defects.
Acceptance of materials will include responsibility for all storage and protection. The
pipe material (if pm-chased by the County) will be delivered to the Project Storage site at
the Isle of Capri repump facility. The backflow devices and new water meters (as
required) shall be picked up by the Contractor at the County's Mercantile facility. The
Contractor shall be responsible for construction and maintenance of a fenced storage
area. The fencing shall include a fabric screen or vinyl slats. Upon completion of work
the Contractor shall be responsible for removal and restoration of the material yard
including fence removal, removal of any temporary swface, regrading and resodding of
the area.
Items to be supplied include the backflow prevention devices, new water meter (where
necessary) and potentially PVC pipe. The Contractor shall supply all other piping,
valves, fittings, restraint and miscellaneous items.
The Contractor may obtain and utilize other storage areas. Areas within the Public Right-
of-Way may be utilized as temporary storage areas upon approval of the County Utilities
and DOT. Private storage areas shall be allowed, however a copy of the agreement with
the Owner shall be provided to the County. All agreements shall include complete
restoration.
16. Contractor shall coordinate all commercial and business driveway closures with owners
in person. Provisions shall be made to maintain access to commercial and business at all
times. Contractor shall provide temporary signage at business driveway when necessary
for a closure or detour. Special coordination shall be made with the Isle of Capri Fire
Department. Driveways may be temporarily patched with stone on a weekly basis,
however driveway restoration shall be completed within two (2) weeks of initial
disturbance.
17. Contractor shall coordinate all residential driveway closures with owners. Personal
coordination is preferred, however when not possible door hanger may be utilized. Form
of door hanger notification shall be pre-approved by County. Driveway may be
O:\PROl.ENGIC\CCU74108CDocsIO I Bidding-Addenda.COs-COlTIBid Document.doc
temporarily patched with stone on a weekly basis, however driveway restoration shall be
completed within two (2) weeks of initial disturbance. Contractor shall adjust restored
driveways to accommodate the final pavement overlay.
18. Contractor shall coordinate all water outages with County and property owners. For
outages affecting more than individual or an individual side street, the County wilI issue
a general notification for the area. When outages are limited to individual side streets,
the Contractor wilI need to coordinate the outage with the County and distribute door
hangers to individual homes. When outages are required for individual homes, it is
preferred that personal coordination is completed by the Contractor. When this is not
possible a door hanger may be utilized. The Contractor shall utilize personal
coordination with business for individual water service interruption. This outage should
be scheduled during "non-business" hours if necessary.
19. The Contractor shall be responsible for maintaining all work areas in a safe and clean
manner as identified in the County Standard Specification. This shall include but not be
limited to daily sweeping of roadway surfaces.
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EXHIBIT J
TECHNICAL SPECIFICATIONS
(CONTINUED)
MEASUREMENT AND PAYMENT
PART 1
GENERAL
1.01 WORK INCLUDED
A. Work under this contract shall be measured and paid for as specified in this
Division. Payment for any item of work shall be full compensation for the
following:
1. Fumishing all labor, tools, equipment and material.
2. Incidental clearing, grubbing, hauling and suitable disposal of debris
related to the work.
3. Delivering and installation or placement of material.
4. Excavation, dewatering, stabilization, sheeting, harnessing or bracing and
backfilling.
5. Testing to meet requirements of these Specification or applicable permit
requirements.
6. Safety precautions, traffic management, damages arising from the nature
of the work and action of the elements or any unforeseen difficulties
encountered during the prosecution of the work until acceptance by
Owner.
7. Costs and expenses for all taxes, commissions, transportation, patent fees
and royalties.
8. Final gl"ading and cleanup.
9. Any incidental work normally associated with the item of work.
B. The quantities of payment under this Contract will be determined by actual
measurement of the completed item, in place, ready for service and accepted by
Owner, in accordance with the applicable method of measurement stated below.
A representative of Contractor shall witness all field measurement.
G:\PROJ.ENGlaCCU74\08CDocs\OlBidding-Addenda-COs.Corr\Bid Document.doc
C.
Payment for any quantities of work in excess of those shown on the Bid Form will
not be made without: prior written authorization of such additional work
authorized by owner through the Engineer.
PART 2
PAYMENT OF ITEMS
2.01 MEASUREMENT AND PAYMENT
A. Unless specified othelwise in the Bid FOlm, work under this Contract shall be
measured and paid for as follows:
1. MobilizationlDemobilization: Measurement for mobilization I
demobilization shall be by Lump Sum for the project and shall not exceed
10% of the amount for the Base Bid. The work shall include, but not be
limited to, those operations necessary for the movement of personnel,
equipment, supplies and incidentals to and from the project site and for the
establishment of temporary offices, buildings, safety equipment and first
aid supplies, sanitary and other facilities. The cost of bonds and insurance
and any other pre-construction expense necessary for the start of the work,
excluding the cost of construction materials, shall be included.
2. Maintenance of Traffic: Measurement shall be by Lump Sum for the
project and payment shall be pro-rated during the construction based upon
work completed. Work shall include labor, materials and equipment for
necessary routing of traffic around the construction site. Provide for safe
pedestrian and vehicular access with signs, cones and markings to reroute
traffic. Provide maintenance of traffic plan for approval prior to beginning
of work.
3. Project Sign: Measurement and Payment shall be by each for the project.
Work shall include all labor, material and equipment to provide, install
and maintain the Project Sign(s) at the site. Upon completion of the
Work, the sign(s) shall be removed and disposed of properly.
4. Stormwater Pollution: Measurement shall be by lump sum for the project
and payment shall be pro-rated during the construction based upon work
completed. Work shall include labor, material and equipment for the
installation, maintenance and removal of stormwater pollution devises.
Contractor shall be responsible for developing and implementing a plan
for protecting work areas from stormwater runoff.
5. Water Main: Measurement and Payment shall be by lineal foot for each
size and type. Work shall include all labor, material and equipment as
necessary to excavate, install water main and miscellaneous fittings,
backfill, compact, provide testing, flushing, disinfection and
G;\PROJ-ENG\C\CCU74\08C~s\O IBidding-Addcnda-COs-ColT\Bid Dcx:umenl.doo
bacteriological cleaning and provide surface restoration for a complete
installation.
6. Gate Valves: Measurement and Payment shall be per each pel' size
identified. Work shall include all labor, material and equipment as
necessary to install all valves, valve boxes, pads and markers as identified.
7. Tee Cut-In: Measurement and Payment shall be per each size identified.
Work shall include all construction, labor, material and equipment
necessary to cut-in a new tee with repair sleeves as identified. (Gate
Valves shall be paid for separately.) It shall include all demolition and
surface restoration.
8. Air Release Valve Assembly: Measurement and Payment shall be pel'
each and type as required. Work shall include all labor, material and
equipment as necessary to install fittings, piping, valves; ail' release
assembly and enclosure for a complete assembly. As specifically
identified pipe bollards may be required.
9. Temporary Bacterial Sample Valves: Measurement and Payment shall be
per each as required. Work shall include all labor, material and equipment
as necessary to install temporary bacterial sample valves and their removal
upon final acceptance.
10. Permanent Bacterial Sample Valve: Measurement and Payment shall be
per each as required. Work shall include all labor, material and equipment
as necessary to install a permanent bacterial sample valve.
11. Blow-OfflTBSV: Measurement and Payment shall be per each as
required. Work shall include all labor, material and equipment necessary
to install a full bore blow off assembly to be utilized during flushing of
water mains. It shall also include a temporary bacterial sample valve.
Upon completion and acceptance the blow off assembly shall be removed
and disposed of.
12. Permanent Blow-Off: Measurement and Payment shall be per each blow
off required. Work shall include all labor, materials and equipment as
necessary to install a permanent blow off assembly.
13. Fire Hydrant Assembly: Measurement and Payment shall be per each and
type as required. Work shall include all labor, material and equipment as
necessary to install all fittings, tees, miscellaneous piping, isolation valve,
fire hydrant assembly, pads and pavement markers. As specifically
identified pipe boIlards may be required.
G:\PROJ.ENGlC\CCU74\08CDocs\O IBidding-Addenda-COs-Corr\Bid Documenl.doc
14. Temporary Water Main Jumper: Measurement and Payment shall be pel'
each as required. Work shall include all labor, material and equipment as
necessary to install a temporary water main connection including fittings,
backflow device and miscellaneous testing. Upon final acceptance the
temporary jumper shall be removed.
15. Water Main Connection: Measurement and Payment shall be pel' each as
required. Work shall include all labor, material and equipment as
necessary to coordinate any required water main shut-down, excavate,
complete the fire line and final water main connection, backfill, compact
and provide final surface restoration.
16. Open Cut/Steel Casing: Measurement and Payment shall be per lineal
foot for each type and size. Work shall include all labor, material and
equipment necessary to provide installation of a steel casing at the various
roadway crossing identified. It shall include excavation, installation of
casing, backfilling, compacting and surface restoration (except as noted).
Cost of water main is not included.
17. Water Service, Long: Measurement and Payment shall be per each long
water service. Work shall include all labor, material and equipment
necessary for utility coordination, excavation, installation of new water
service under roadways to the right-of-way line, connection to new water
main and new water meter(s), flowable fill under pavements, backfilling,
compacting and surface restoration.
18. Water Service, Sh0l1: Measmement and Payment shall be pel' each short
water service. Work shall include all labor, material and equipment
necessary for utility coordination, installation of new water service to the
right-of-way line, connection to new water main and new water meter(s),
backfilling, compacting and surface restoration.
19. Water Meter Boxes: Measurement and Payment shall be pel' each water
meter box. Existing water main boxes, as directed by County may be
replaced. In some locations, existing water meter boxes contain two (2)
meters. At these locations one of the two meters will be relocated to the
new box. Work shall include all labor, material and equipment necessary
for installation of the new water meter boxes, ready for County installation
of new water meters.
20. Extra Water Service: Measurement and Payment shall be per lineal foot
of each size. This shall be per lineal foot of each size. This shall be for
length in excess of 50 lineal feet for a long service and 15 lineal feet for a
Sh0l1 service.
G:\PROJ.ENG\C\CCU74\08CDocs\Ol Bidding-Addenda-COs-CorrlBid Document.doc
21. Backflow Prevention Devices: Measurement and Payment shall be pel'
each backflow prevention device installed on individual water service.
This shall include all labor, material and equipment as necessary to install
to cut the existing service line, install the new backflow device (with
miscellaneous fitting and piping) and connect to the existing service. The
Owner shall provide the above grade backflow assembly and test the
device.
22. Extra %" Private Water Service: Measurement and Payment shall be
lineal foot of private water service installed. In some locations it may be
necessary to adjust the water service location to the property line. At these
locations it will be necessary to install a %" polyethylene between the new
and original service location. Construction shall provide all labor,
materials and equipment for excavation. connecting backfilling and
restoration.
23. Water Service Connection: Measurement and Payment shall be per each
connection to an existing water service. These are locations in which the
meters and backflow device were recently installed. It shall include all
labor. material and equipment necessary for excavation. installation of
water service line cOlU1ection. backfilling. compacting and surface
restoration.
24. Existing Water Main Adjustment: Measurement and Payment shall be per
each and type as required. This shall only be required when the proposed
water main and existing water main have a direct conflict. It shall include
all labor, material and equipment necessary to relocate the existing main
including excavation, miscellaneous repair sleeves, piping, temporary
restraints, backfilling, compacting and temporary protection if installed
above grade. Note the type and size of some water main are approximate
only and contractor shall field verify type and size and have adequate
supplies for a variety of types and sizes.
25. Additional Water Main Deflection: Measurement and Payment shall be
pel' each additional water main deflection that may be required due to
unforeseen conditions. It shall include all labor, material and equipment
necessary for the deflection including excavation, installation of extra
fitting, pipe and pipe restraints, backfilling, compacting and surface
restoration.
26. Pipe Grouting: Measurement and Payment shall be per lineal foot of pipe
grouted in place by size. It shall include all labor. material and equipment
to open the existing pipe, grout the existing pipe in place, remove and
properly dispose of all disturbed pipe material and surface restoration.
Asbestos cement pipe shall be disposed of in accordance with all
applicable local, state and federal requirements.
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27. Pipe Removal: Measurement and Payment shall be pel' lineal foot of pipe
removed by size. It shall include all labor, matelial and equipment
necessary to excavate, remove the existing pipe, backfill, compact and
provide surface restoration. Contractor shall be responsible for all existing
utility coordination and proper disposal of all removed materials.
Asbestos cement pipe shall be disposed of in accordance with all
applicable local, state and federal requirements.
28. Miscellaneous Abandonment: Measurement and Payment shall be lump
sum for the miscellaneous abandonment of the existing water system.
This shall include all labor, material and equipment necessary for removal
of valves, valve pads, blowoffs, existing meter boxes, fire hydrants and
other miscellaneous items.
29. Roadway RemovallReplacement: Measurement and Payment shall be per
lineal foot of roadway removal and patching necessary for installation of
the new water main and water services. It shall include all labor, matelial
and equipment necessary for excavations, backfilling, compacting,
installation of flowable fill, base material and asphalt patch. Note asphalt
overlay is provided for separately.
30. Asphalt Overlay: Measurement and Payment shall be per square yard of
asphalt overlay. It shall include all labor, material and equipment
necessary for installation of an asphalt overlay. It shall include all
pavement preparation including leveling course at patches, milling as
needed at telmination points, pavement overlay and temporary and
permanent restoration of striping and pavement markings.
31. Driveway RemovallReplacement: Measurement and Payment shall be per
square yard of driveway removal and replacement necessary for water
main installation by type. It shall include all labor, material and
equipment necessary for the demolition of the existing surface and upon
installation of the new main the installation of a replacement surface to
match the existing. Contractor shall coordinate with property owner
during driveway closures.
32. Storm Culvert Removal/Replacement: Measurement and Payment shall
be pel' lineal foot of storm culvert removal and replacement by size and
type. This is only for the replacement of deteriorated culvelt in which
construction necessitate the removal and replacement. Culvert damaged
by the contractor outside of his work area shall be replaced at no
additional cost.
G:\PROJ-ENG\C\CCU74\08CDocs\O IBidding.Addenda-COs.Con\Bid Documenl.doc
33. Temporary Striping: Measurement and Payment shall be per lineal foot of
striping by type and size as noted. Temporary striping shall be painted in
accordance with FDOT specification. No reflective pavement markers
shall be required with temporary striping. It shall include all labol'~
material and equipment for surface preparation, striping and cleanup. A
pre-striping conference shall be held with County DOT.
34. Thermo Striping: Measurement and Payment shall be pel' lineal foot of
striping by type and size as noted. Permanent striping shall be
thennoplastic in accordance with FDOT specification. Reflective
pavement markers shall be installed with striping. It shall include all
labor, material and equipment for surface preparation, striping and
cleanup.
35. Storm Sewer: Measurement and Payment shall be lump sum. It shall
include all labor, material, equipment necessary for removal of pavement,
excavation, installation of boxes and culverts~ backfilling, compacting,
pavement patching, swale regarding and miscellaneous restoration.
G:\PROI-ENG\CICCU74\08CDocs\O (Biddlng.Addenda.cos-ColT\Bid Document.doc
EXIllBIT K
PERMITS
The following Permits f01' the Project have already been obtained by Collier County or are the
Contractor's responsibility to obtain, as noted below. Copies of all obtained Permits shall be
made available to the Contractor. It shall be the Contractor's responsibility to read and
understand all Permit and Permit Conditions.
1. FDEP General Pelmit for Water Main Construction - obtained by County.
2. Collier County Right-of-Way Permit - obtained by Contractor (with Assistance from
County, County to pay fees.)
3. FDEP Stormwater Permit - obtained and paid by Contractor
G:\PROJ. ENG\C\CCU74\08CDocs\O I BiddiDg.Add~nda-COs-Corr\Bid Documenl.doc
EXHIBITL
STANDARD DETAILS
Plans and specification prepared by Q. Grady Minor & Associates, P.A. and identified as
follows: Isle of Capri Watermain Replacement - Phase 1 as shown on Sheets 1 through 26.
DRAWING NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
STRIPING PLANS
DRAWING NO.
1.
2.
3.
4.
5.
6.
7.
DESCRIPTION
Covel' Sheet and Index of Drawings
General Notes
Aerial Photograph and Key Map
Plan and Profile - Capri Blvd. (STA. 0+00 to STA. 6+00)
Plan and Profile - Capri Blvd. (ST A. 6+00 to ST A. 12+00)
Plan and Profile - Capri Blvd. (ST A. 12+00 to ST A. 18+00)
Plan and Profile - Capri Blvd. (ST A. 18+00 to ST A. 24+00)
Plan and Profile - Capri Blvd. (ST A. 24+00 to ST A. 30+00)
Plan and Profile - Capri Blvd. (STA. 30+00 to END)
Plan and Profile - Capri Blvd. (North) (STA. 0+00 to STA. 6+00)
Plan and Profile - Capri Blvd. (North) (ST A. 6+00 to STA.12+00)
Plan and Profile - Capri Blvd. (North) (STA. 12+00 to STA 18+00)
Plan and Profile - Capri Blvd. (North) (ST A. 18+00 to END)
Plan and Profile - San Juan Ave. (ST A. 0+00 to ST A. 6+00)
Plan and Profile - San Juan Ave. (STA. 6+00 to END)
Plan and Profile - Samar Ave. (ST A. 0+00 to ST A. 6+00)
Plan and Profile - Samar Ave. (STA. 6+00 to END)
Plan and Profile - Panay Ave. (ST A. 0+00 to 6+00)
Plan and Profile - Panay Ave. (ST A. 6+00 to END)
Plan and Profile - Luzon Ave. (ST A. 0+00 to END)
Plan and Profile - Grenada Ave. (STA. 0+00 to END)
Plan and Profile - Antigua St. (ST A. 0+00 to END).
Plan and Profile - Cristobal St. (STA. 0+00 to END)
Plan and Profile - Kon Tiki Dr. (ST A. 0+00 to END)
Water Details
Erosion Control Details
DESCRIPTION
Striping Plan - Capri Blvd. (STA. 0+00 to ST A. 12+00)
Striping Plan - Capri Blvd. (ST A 12+00 to ST A. 24+00)
Striping Plan - Capri Blvd. (ST A. 24+00 to END)
Striping Plan - Capri Blvd. (NORTH) (STA. 0+00 to STA. 12+00)
Striping Plan - Capri Blvd. (NORTH) ST A. 12+00 to END)
Striping Plan - Kon Tiki Dr. (ST A. 0+00 to END)
Striping Details
O:\PROJ -ENG\C\CCU74\08CDocs\O lBidding-Addenda.COs.Corr\Bid Document.doc
. ,.
cJt,. Cmmt.Y
Email: ScottJohnson@collieraov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
Administrative Services Division
Purchasing
ADDENDUM
Memorandum
Date:
March 3, 2010
From:
Scott D. Johnson, Purchasing Agent
To:
I nterested Bidders
Subject:
Addendum #3 - ITB #10-5441
"Isle of Capri Water Main Replacement Phase 1"
The following clarifications are issued as Addendum #1 identifying the following change
(s) for the referenced bid:
The Addendum issued to with the note that it is "Addendum 1" is incorrect, it is Addendum
2.
Correction and Clarification to Bid schedule
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Diana Dueri
C)
f),f~". ,1:J' f
+" I}
AddendumTemplate
Revised: 3/25/09
1
ISLE OF CAPRI WATER MAIN
REPLACEMENT - PHASE 1
PROJECT DESCRIPTION
The proposed project shall consist of the replacement of the existing Phase 1 water main and
services. The Phase 1 area includes and is north ofthe existing aerial water main crossing (Near
Isle of Capri Fire Department). This shall include but not be limited: the replacement of the
existing 6" A.C. and 8" and 10" PVC mains with a new 12" PVC main; grouting of the 6" A.C.
main in place; removal of the existing 8" and 10" PVC main, except as noted; replacement of the
existing 2", 3" and 4" mains on the side streets with a 6" PVC main (Existing 2", 3" and 4"
mains to be abandoned-in-place); installation of new water services; relocation of existing water
meters to individual water meter boxes (new boxes as required); removal of abandoned fire
hydrants, valve boxes, blowoffs, etc.; installation of 12" bypass system at existing Isle of Capri
pump station and; miscellaneous work. The owner will be directly purchasing the 6" and 12"
water main pipe; 6", 8", 10" and 12" gate valves and valve boxes; fire hydrants; permanent
bacterial sample valves with housing; air release valves with housing; 4" PVC water service
casing polyethylene water service piping; additional water meter boxes; and backflow prevention
devices. The Contractor shall be responsible for all fittings and miscellaneous supplies not
listed.
Under the Base Bid all pavement patching shall be completed. Under the Bid Alternate all
pavements areas shall be overlaid and restriped.
G:ICurrent - All Solicitations and Contracts by Fiscal YearIFY 2010110-5441 Isle of Capri Water Main Replacement Phase IlPre_awardIBid Specs.doc
EXHIBIT J
TECHNICAL SPECIFICATIONS
1. All roadway materials and work shall be supplied and completed in accordance with the
FDOT "Standard Specifications for Road and Bridge Construction" dated 2010 as
revised to date.
2. All water main and utility construction shall be supplied and completed in accordance
with the Collier County Water-Sewer District, Utilities Standards Manual dated
September 2008 and as updated April 30, 2009.
3. Clearing and grubbing shall be limited to work areas only. Contractor shall be
responsible for restoring all areas disturbed by his work. All disturbed areas shall be
sodded to match existing.
4. Existing roadway cuts shall be patch in conjunction with water main and water service
construction. Upon completion of all work and authorization of County, all roadways
shall be overlaid and striped. Temporary striping (painted) shall be initially installed.
No reflective pavement markers, with exception of hydrant markers, shall be installed
with temporary striping. After 30 day asphalt curing period, the final thermoplastic
striping shall be installed with reflective pavement markers. Prior to any striping a Pre-
Striping Conference shall be held with County Transportation.
5. In accordance with Collier County Utility Standards a pre-construction video shall be
taken with copies provided to County. Contractor shall supplement these videos with
still photographs as necessary to reflect existing conditions. This shall include but not be
limited to driveways and driveway culvert.
6. Design Professional shall proved electronic copies of plans to be used for construction
layout. Contractor shall be responsible for all construction layout.
7. Contractor shall field verify all water mains in which connections are to be made. At
location where the proposed water main crosses existing water main, the proposed water
main is to be laid to grade as close as possible to allow the existing water main to remain
in service during construction. Where necessary, the existing water mains shall be
adjusted. This adjustment shall be temporary in nature and consist of the use of repair
sleeves and temporary piping.
8. Contractor shall contact all utility suppliers, including the City of Marco Island
(Wastewater), Embarq, FPL and Comcast for locating of these facilities. Contractor shall
coordinate with these utilities for protection and adjustment of their facilities as needed.
All costs shall be included in individual bid items.
G:ICurrent - All Solicitations and Contracts by Fiscal YearlFY 2010110-5441 Isle of Capri Water Main Replacement Phase 1 \Pre _awardIBid Specs.doc
9. Contractor shall be responsible for the cost of all material testing as required. Testing at
roadway crossings shall be in accordance with the County Right-of-Way Ordinance and
the issued permit. Testing shall include the following:
a. Roadway Crossing
i. Limerock Base: Minimum of 1 test per each 6" lift for each lane (2 per
roadway crossing). No testing offlowable fill will be required.
b. Trench
1. Backfill (Earth): Minimum of 2 tests per 200 lineal feet. Where backfill
is 12" or greater, density tests are required in each 12" lift.
10. Contractor shall be responsible for all water main testing, disinfection, flushing and
bacteriological clearance. This may require multiple sections.
11. Contractor shall be responsible for all Maintenance of Traffic for the project.
Maintenance of Traffic shall be in accordance with the FDOT Standard Index and the
Manual of Uniform Traffic Control Devise (MUTCD, Part VI).
12. Contractor shall be responsible for development of a Stormwater Pollution Plan as
needed. This plan should include the protection of catch basins, curb inlets and canals.
Contractor should utilize silt fences, catch basin inlets devices, etc. as required.
Contractor shall be responsible for maintenance of all stormwater protection throughout
construction.
13. Contractor shall coordinate his work with all other County Contractors and workers.
14. Contractor shall provide two (2) Project Sign upon issuance of a Notice to Proceed. In
order to keep the public informed regarding this Public Utilities project, the Contractor
shall be required to provide two (2) Construction Project Signs (4' x 8') to be placed
on/within Project Site as directed by the County. The sign shall be supported by a
minimum of two 4" X 4" white painted posts. The sign shall contain the following
information:
The left one quarter (1/4) of the sign shall contain the current Collier County logo and a
listing of the current Collier County Board of County Commissioners with names and
district.
Donna Fiala -
Frank Halas -
Tom Henning -
Fred Coyle -
Jim Colletta -
District 1
District 2
District 3
District 4
District 5
With Specific Note: "Your Tax Dollars at Work"
Color shall be: English Ivy Green Glossy Back Ground with White Letters
Border: Black Glossy
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The right three quarters (3/4) side of the sign(s) shall contain the following:
Name of Project: Isle of Capri Water Main Replacement, Phase 1
Project Design Professional: Q. Grady Minor & Associates, P.A.
Project Contractor:
Project Management: Collier County Public Utilities
Project Completion Date: ,2010
Contract for Project Information: Diana Dueri, Project Manager (239) 252-4218
Color: White Back Ground with English Ivy Green Letters
Border: Black Glossy
The size of the sign(s) shall be four feet (4') high by eight feet (8') wide unless otherwise
requested by the County. The sign shall be in the conformance with the Collier County
Land Development Code and in a format approved by the County. The Project Manager
shall be provided a proof of the sign format for approval prior to sign construction.
15. The County will be providing the following items for installation by the Contractor. The
Contractor shall take receipt of the materials and inspect them for any damage or defects.
Acceptance of materials will include responsibility for all storage, protection and
warranty issues. The material will be delivered to the Project Storage site at the Isle of
Capri repump facility. The Contractor shall be responsible for construction and
maintenance of a fenced storage area. The fencing shall include a fabric screen or vinyl
slats. Upon completion of work the Contractor shall be responsible for removal and
restoration of the material yard including fence removal, removal of any temporary
surface, regrading and resodding of the area.
Items to be supplied: 6" and 12" water main pipe; 6", 8", 10" and 12" gate valves with
valve boxes; fire hydrants; permanent bacterial sample valves with housing; air release
valves with housing; 4" PVC water service casing %", 1", 1 W' and 2" polyethylene
water service piping; water meter boxes; and backflow prevention devices. The
Contractor shall supply all other piping, valves, fittings, restraint and miscellaneous
items.
The Contractor may obtain and utilize other storage areas. Areas within the Public Right-
of-Way may be utilized as temporary storage areas upon approval of the County Utilities
and DOT. Private storage areas shall be allowed, however a copy of the agreement with
the Owner shall be provided to the County. All agreements shall include complete
restoration.
16. Contractor shall coordinate all commercial and business driveway closures with owners
in person. Provisions shall be made to maintain access to commercial and business at all
times. Special coordination shall be made with the Isle of Capri Fire Department.
Driveways may be temporarily patched with stone on a weekly basis, however driveway
restoration shall be completed within two (2) weeks of initial disturbance.
17. Contractor shall coordinate all residential driveway closures with owners. Personal
coordination is preferred, however when not possible door hanger may be utilized. Form
of door hanger notification shall be pre-approved by County. Driveway may be
temporarily patched with stone on a weekly basis, however driveway restoration shall be
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completed within two (2) weeks of initial disturbance. Contractor shall adjust restored
driveways to accommodate the final pavement overlay.
18. Asphalt and concrete drives shall be restored as identified on the plans. Driveways with
special finishes (painted, embossed, texture) shall be restored with plain concrete. Brick
driveways shall be removed as required with brick stacked adjacent to Right-of-Way.
Brick driveways shall be restored with concrete. If the Owners provide written
authorization to leave the driveway (concrete or brick) un-restored these driveway may
be left with the temporary stone.
19. Contractor shall coordinate all water outages with County and property owners. For
outages affecting more than individual or an individual side street, the County will issue
a general notification for the area. When outages are limited to individual side streets,
the Contractor will need to coordinate the outage with the County and distribute door
hangers to individual homes. When outages are required for individual homes, it is
preferred that personal coordination is completed by the Contractor. When this is not
possible a door hanger may be utilized. The Contractor shall utilize personal
coordination with business for individual water service interruption. This outage should
be scheduled during "non-business" hours if necessary.
G:ICurrent - All Solicitations and Contracts by Fiscal YearIFY 2010110-5441 Isle of Capri Water Main Replacement Phase llPre_awardlBid Specs.doc
EXHIBIT J
TECHNICAL SPECIFICATIONS
(CONTINUED)
MEASUREMENT AND PAYMENT
PART 1
GENERAL
1.01 WORK INCLUDED
A. Work under this contract shall be measured and paid for as specified in this
Division. Payment for any item of work shall be full compensation for the
following:
1. Furnishing all labor, tools, equipment and material.
2. Incidental clearing, grubbing, hauling and suitable disposal of debris
related to the work.
3. Delivering and installation or placement of material.
4. Excavation, dewatering, stabilization, sheeting, harnessing or bracing and
backfilling.
5. Testing to meet requirements of these Specification or applicable permit
requirements.
6. Safety precautions, traffic management, damages arising from the nature
of the work and action of the elements or any unforeseen difficulties
encountered during the prosecution of the work until acceptance by
Owner.
7. Costs and expenses for all taxes, commissions, transportation, patent fees
and royalties.
8. Final grading and cleanup.
9. Any incidental work normally associated with the item of work.
B. The quantities of payment under this Contract will be determined by actual
measurement of the completed item, in place, ready for service and accepted by
Owner, in accordance with the applicable method of measurement stated below.
A representative of Contractor shall witness all field measurement.
G:\Current - All Solicitations and Contracts by Fiscal Year\FY 2010\10-5441 Isle of Capri Water Main Replacement Phase IlPre_awardIBid Specs.doc
C.
Payment for any quantities of work in excess of those shown on the Bid Form will
not be made without prior written authorization of such additional work
authorized by owner through the Engineer.
PART 2
PAYMENT OF ITEMS
2.01 MEASUREMENT AND PAYMENT
A. Unless specified otherwise in the Bid Form, work under this Contract shall be
measured and paid for as follows:
1. Mobilization/Demobilization: Measurement for mobilization I
demobilization shall be by Lump Sum for the project and shall not exceed
10% of the amount for the Base Bid. The work shall include, but not be
limited to, those operations necessary for the movement of personnel,
equipment, supplies and incidentals to and from the project site and for the
establishment of temporary offices, buildings, safety equipment and first
aid supplies, sanitary and other facilities. The cost of bonds and insurance
and any other pre-construction expense necessary for the start of the work,
excluding the cost of construction materials, shall be included.
2. Maintenance of Traffic: Measurement shall be by Lump Sum for the
project and payment shall be pro-rated during the construction based upon
work completed. Work shall include labor, materials and equipment for
necessary routing of traffic around the construction site. Provide for safe
pedestrian and vehicular access with signs, cones and markings to reroute
traffic. Provide maintenance of traffic plan for approval prior to beginning
of work.
3. Project Sign: Measurement and Payment shall be by each for the project.
Work shall include all labor, material and equipment to provide, install
and maintain the Project Sign(s) at the site. Upon completion of the
Work, the sign(s) shall be removed and disposed of properly.
4. Stormwater Pollution: Measurement shall be by lump sum for the project
and payment shall be pro-rated during the construction based upon work
completed. Work shall include labor, material and equipment for the
installation, maintenance and removal of stormwater pollution devises.
Contractor shall be responsible for developing and implementing a plan
for protecting work areas from stormwater runoff.
5. Water Main: Measurement and Payment shall be by lineal foot for each
size and type. Work shall include all labor, material and equipment as
necessary to excavate, install water main and miscellaneous fittings,
backfill, compact, provide testing, flushing, disinfection and
G:ICurrent - All Solicitations and Contracts by Fiscal YearIFY 2010110-5441 Isle of Capri Water Main Replacement Phase 1lPre_awardIBid Specs.doc
bacteriological cleaning and provide surface restoration for a complete
installation. Owner will provide 6" and 12" pipe material.
6. Gate Valves: Measurement and Payment shall be per each per size
identified. Work shall include all labor, material and equipment as
necessary to install all valves, valve boxes, pads and markers as identified.
Owner will provide 6", 8", 10" and 12" gate valves and valve boxes.
7. Tee Cut-In: Measurement and Payment shall be per each size identified.
Work shall include all construction, labor, material and equipment
necessary to cut-in a new tee with repair sleeves as identified. (Gate
Valves shall be paid for separately.) It shall include all demolition and
surface restoration.
8. Air Release Valve Assembly: Measurement and Payment shall be per
each and type as required. Work shall include all labor, material and
equipment as necessary to install fittings, piping, valves, air release
assembly and enclosure for a complete assembly. As specifically
identified pipe bollards may be required. Owner will provide air release
valve and housing.
9. Temporary Bacterial Sample Valves: Measurement and Payment shall be
per each as required. Work shall include all labor, material and equipment
as necessary to install temporary bacterial sample valves and their removal
upon final acceptance.
10. Permanent Bacterial Sample Valve: Measurement and Payment shall be
per each as required. Work shall include all labor, material and equipment
as necessary to install a permanent bacterial sample valve. Owner will
provide sample valve and housing.
11. Blow-Off/TBSV: Measurement and Payment shall be per each as
required. Work shall include all labor, material and equipment necessary
to install a full bore blow off assembly to be utilized during flushing of
water mains. It shall also include a temporary bacterial sample valve.
Upon completion and acceptance the blow off assembly shall be removed
and disposed of.
12. Permanent Blow-Off: Measurement and Payment shall be per each blow
off required. Work shall include all labor, materials and equipment as
necessary to install a permanent blow off assembly.
13. Fire Hydrant Assembly: Measurement and Payment shall be per each and
type as required. Work shall include all labor, material and equipment as
necessary to install all fittings, tees, miscellaneous piping, isolation valve,
fire hydrant assembly, pads and pavement markers. As specifically
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identified pipe bollards may be required. Owner will provide isolation
valve with valve box and fire hydrants.
14. Temporary Water Main Jumper: Measurement and Payment shall be per
each as required. Work shall include all labor, material and equipment as
necessary to install a temporary water main connection including fittings,
backflow device and miscellaneous testing. Upon final acceptance the
temporary jumper shall be removed.
15. Water Main Connection: Measurement and Payment shall be per each as
required. Work shall include all labor, material and equipment as
necessary to coordinate any required water main shut-down, excavate,
complete the fire line and final water main connection, backfill, compact
and provide final surface restoration.
16. Open Cut/Steel Casing: Measurement and Payment shall be per lineal
foot for each type and size. Work shall include all labor, material and
equipment necessary to provide installation of a steel casing at the various
roadway crossing identified. It shall include excavation, installation of
casing, backfilling, compacting and surface restoration (except as noted).
Cost of water main is not included.
17. Water Service, Long: Measurement and Payment shall be per each long
water service. Work shall include all labor, material and equipment
necessary for utility coordination, excavation, installation of new water
service under roadways to the right-of-way line, connection to new water
main and new water meter( s), flowable fill under pavements, backfilling,
compacting and surface restoration. Owner will provide polyethylene
piping and 4" PVC casing.
18. Water Service, Short: Measurement and Payment shall be per each short
water service. Work shall include all labor, material and equipment
necessary for utility coordination, installation of new water service to the
right-of-way line, connection to new water main and new water meter(s),
backfilling, compacting and surface restoration. Owner will provide
polyethylene piping.
19. Water Meter Boxes: Measurement and Payment shall be per each water
meter box. Existing water main boxes, as directed by County may be
revised. In some locations, existing water meter boxes contain two (2)
meters. At these locations one of the two meters will be relocated to the
new box. Work shall include all labor, material and equipment necessary
for installation of the new water meter boxes, ready for County installation
of new water meters. Owner will provide additional water meter boxes.
G:ICurrent - All Solicitations and Contracts by Fiscal YearlFY 2010110-5441 Isle of Capri Water Main Replacement Phase llPre_awardlBid Specs.doc
20. Extra Water Service: Measurement and Payment shall be per lineal foot
of each size. This shall be per lineal foot of each size. This shall be for
length in excess of 50 lineal feet for a long service and 15 lineal feet for a
short service. Owner will provide polyethylene piping.
21. Backflow Prevention Devices: Measurement and Payment shall be per
each backflow prevention device installed on individual water service.
This shall include all labor, material and equipment as necessary to install
to cut the existing service line, install the new backflow device (with
miscellaneous fitting and piping) and connect to the existing service. The
Owner shall provide the above grade backflow assembly and test the
device.
22. Extra %" Private Water Service: Measurement and Payment shall be
lineal foot of private water service installed. In some locations it may be
necessary to adjust the water service location to the property line. At these
locations it will be necessary to install a %" polyethylene between the new
and original service location. Construction shall provide all labor,
materials and equipment for excavation, connecting backfilling and
restoration. The Owner shall provide the polyethylene piping.
23 . Water Service Connection: Measurement and Payment shall be per each
connection to an existing water service. These are locations in which the
meters and backflow device were recently installed. It shall include all
labor, material and equipment necessary for excavation, installation of
water service line connection, backfilling, compacting and surface
restoration.
24. Existing Water Main Adjustment: Measurement and Payment shall be per
each and type as required. This shall only be required when the proposed
water main and existing water main have a direct conflict. It shall include
all labor, material and equipment necessary to relocate the existing main
including excavation, miscellaneous repair sleeves, piping, temporary
restraints, backfilling, compacting and temporary protection if installed
above grade. Note the type and size of some water main are approximate
only and contractor shall field verify type and size and have adequate
supplies for a variety of types and sizes.
25. Additional Water Main Deflection: Measurement and Payment shall be
per each additional water main deflection that may be required due to
unforeseen conditions. It shall include all labor, material and equipment
necessary for the deflection including excavation, installation of extra
fitting, pipe and pipe restraints, backfilling, compacting and surface
restoration. Owner will provide pipe material.
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26. Pipe Grouting: Measurement and Payment shall be per lineal foot of pipe
grouted in place by size. It shall include all labor, material and equipment
to open the existing pipe, grout the existing pipe in place, remove and
properly dispose of all disturbed pipe material and surface restoration.
27. Pipe Removal: Measurement and Payment shall be per lineal foot of pipe
removed by size. It shall include all labor, material and equipment
necessary to excavate, remove the existing pipe, backfill, compact and
provide surface restoration. Contractor shall be responsible for all existing
utility coordination and proper disposal of all removed materials.
28. Miscellaneous Abandonment: Measurement and Payment shall be lump
sum for the miscellaneous abandonment of the existing water system.
This shall include all labor, material and equipment necessary for removal
of valves, valve pads, blowoffs, existing meter boxes, fire hydrants and
other miscellaneous items.
29. Roadway Removal/Replacement: Measurement and Payment shall be per
lineal foot of roadway removal and patching necessary for installation of
the new water main and water services. It shall include all labor, material
and equipment necessary for excavations, backfilling, compacting,
installation of flowable fill, base material and asphalt patch. Note asphalt
overlay is provided for separately.
30. Asphalt Overlay: Measurement and Payment shall be per square yard of
asphalt overlay. It shall include all labor, material and equipment
necessary for installation of an asphalt overlay. It shall include all
pavement preparation including leveling course at patches, milling as
needed at termination points, pavement overlay and temporary and
permanent restoration of striping and pavement markings.
31. Driveway Removal/Replacement: Measurement and Payment shall be per
square yard of driveway removal and replacement necessary for water
main installation by type. It shall include all labor, material and
equipment necessary for the demolition of the existing surface and upon
installation of the new main the installation of a replacement surface to
match the existing. Note existing brick driveway shall have work limited
to the removal of the brick and stacking of the brick adjacent to the Right-
of- Way. Brick driveway shall be restored with concrete unless written
authorization is obtained from property owner to leave un-restored.
Contractor shall coordinate with property owner during driveway closures.
32. Storm Culvert Removal/Replacement: Measurement and Payment shall
be per lineal foot of storm culvert removal and replacement by size and
type. This is only for the replacement of deteriorated culvert in which
construction necessitate the removal and replacement. Culvert damaged
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by the contractor outside of his work area shall be replaced at no
additional cost.
33. Temporary Striping: Measurement and Payment shall be per lineal foot of
striping by type and size as noted. Temporary striping shall be painted in
accordance with FDOT specification. No reflective pavement markers
shall be required with temporary striping. It shall include all labor,
material and equipment for surface preparation, striping and cleanup. A
pre-striping conference shall be held with County DOT.
34. Thermo Striping: Measurement and Payment shall be per lineal foot of
striping by type and size as noted. Permanent striping shall be
thermoplastic in accordance with FDOT specification. Reflective
pavement markers shall be installed with striping. It shall include all
labor, material and equipment for surface preparation, striping and
cleanup.
G:\Current - All Solicitations and Contracts by Fiscal YearIFY 2010\10-5441 Isle of Capri Water Main Replacement Phase 1lPre_awardIBid Specs.doc
EXHIBIT K
PERMITS
The following Permits for the Project have already been obtained by Collier County or are the
Contractor's responsibility to obtain, as noted below. Copies of all obtained Permits shall be
made available to the Contractor. It shall be the Contractor's responsibility to read and
understand all Permit and Permit Conditions.
1. FDEP General Permit for Water Main Construction - obtained by County.
2. Collier County Right-of-Way Permit - obtained by Contractor (Assistance from County)
3. FDEP Stormwater Permit - obtained by Contractor
G:\Current- All Solicitations and Contracts by Fiscal YearIFY 2010\10-5441 Isle of Capri Water Main Replacement Phase IlPre_awardIBid Specs.doc
EXHIBIT L
ST ANDARD DETAILS
Plans and specification prepared by Q. Grady Minor & Associates, P.A. and identified as
follows: Isle of Capri Watermain Replacement - Phase 1 as shown on Sheets 1 through 26.
DRAWING NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
STRIPING PLANS
DRAWING NO.
1.
2.
3.
4.
5.
6.
7.
DESCRIPTION
Cover Sheet and Index of Drawings
General Notes
Aerial Photograph and Key Map
Plan and Profile - Capri Blvd. (ST A. 0+00 to ST A. 6+00)
Plan and Profile - Capri Blvd. (STA. 6+00 to STA. 12+00)
Plan and Profile - Capri Blvd. (STA. 12+00 to STA. 18+00)
Plan and Profile - Capri Blvd. (ST A. 18+00 to ST A. 24+00)
Plan and Profile - Capri Blvd. (STA. 24+00 to STA. 30+00)
Plan and Profile - Capri Blvd. (ST A. 30+00 to END)
Plan and Profile - Capri Blvd. (North) (STA. 0+00 to STA. 6+00)
Plan and Profile - Capri Blvd. (North) (STA. 6+00 to STA.12+00)
Plan and Profile - Capri Blvd. (North) (STA. 12+00 to STA 18+00)
Plan and Profile - Capri Blvd. (North) (STA. 18+00 to END)
Plan and Profile - San Juan Ave. (STA. 0+00 to STA. 6+00)
Plan and Profile - San Juan Ave. (ST A. 6+00 to END)
Plan and Profile - Samar Ave. (STA. 0+00 to STA. 6+00)
Plan and Profile - Samar Ave. (STA. 6+00 to END)
Plan and Profile - Panay Ave. (STA. 0+00 to 6+00)
Plan and Profile - Panay Ave. (ST A. 6+00 to END)
Plan and Profile - Luzon Ave. (STA. 0+00 to END)
Plan and Profile - Grenada Ave. (STA. 0+00 to END)
Plan and Profile - Antigua St. (STA. 0+00 to END).
Plan and Profile - Cristobal St. (STA. 0+00 to END)
Plan and Profile - Kon Tiki Dr. (ST A. 0+00 to END)
Water Details
Erosion Control Details
DESCRIPTION
Striping Plan - Capri Blvd. (STA. 0+00 to STA. 12+00)
Striping Plan - Capri Blvd. (STA 12+00 to STA. 24+00)
Striping Plan - Capri Blvd. (ST A. 24+00 to END)
Striping Plan - Capri Blvd. (NORTH) (STA. 0+00 to STA. 12+00)
Striping Plan - Capri Blvd. (NORTH) STA. 12+00 to END)
Striping Plan - Kon Tiki Dr. (ST A. 0+00 to END)
Striping Details
G:\Current - All Solicitations and Contracts by Fiscal Year\FY 2010\10-5441 Isle of Capri Water Main Replacement Phase IlPre_award\Bid Specs.doc
o tlt G, l,u tt''--
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Isle of Capri Water Main Replacement Phase 1
BID NO. 10-5441
Full Name of Bidder Douqlas N. Hiqqins. Inc.
Main Business Address 3390 Travis Pointe Rd., Suite A Ann Arbor. MI 48108
Place of Business 4485 Enterprise Avenue. Naples. Florida 34104
Telephone No.
734-996-9500
Fax No.
734-996-8480
State Contractor's License #
CGC-060189
State of Florida Certificate of Authority Document Number 830666
Federal Tax Identification Number
38-1807765
To: BOARD OF 'COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
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-l
ISLE OF CAPRI WATER MAIN REPLACEMENT PHASE 1
#10-5441
ESTIMATED
ITEM DESCRIPTION UNIT OF MEASUREMENT QUANTITY UNIT COST TOTAL
1 Mobilization/Demobilization LS 1 $48,000.00 $48,000.00
2 Maintenance of Traffic LS 1 $18,000.00 $18,000.00
3 Proiect Sign EA 2 $900.00 $1,800.00
4 Stormwater Pollution Prevention LS 1 $2,900.00 $2,900.00
5 6" PVC WM (CL 150) LF 5200 $25.00 $130,000.00
6 8" PVC WM (CL 150) LF 60 $36.00 $2,160.00
7 10"PVCWM CL 150 LF 20 $180.00 $3,600.00
8 12" PVC WM CL 150 LF 5100 $43.00 $219,300.00
9 12" PVC WM CL 200 LF 850 $45.00 $38,250.00
10 6" Directional Bore (HDPE) LF 750 $40.00 $30,000.00
11 10" HOPE WM LF 100 $37.00 $3,700.00
12 12" DIP Aerial LF 70 $200.00 $14,000.00
13 2" Gate Valve EA 1 $300.00 $300.00
14 6" Gate Valve EA 10 $600.00 $6,000.00
15 8" Gate Valve EA 3 $800.00 $2,400.00
16 10" Gate Valve EA 10 $1,300.00 $13,000.00
17 12" Gate Valve EA 15 $1,500.00 $22,500.00
18 6x6x6 Cut In EA 1 $1,200.00 $1,200.00
19 8x8x8 Cut In EA 1 $1,600.00 $1,600.00
20 10x10x10 Cut In - EA 1 $1,400.00 $1,400.00
21 12x12x12 Cut In EA 1 $1,400.00 $1,400.00
22 Air Release Valve (ARYl (Aerial) EA 1 $900.00 $900.00
23 Air Release Valve (ARYl EA 8 $700.00 $5,600.00
24 Temo. Bact Samole (TBSV) EA 10 $130.00 $1,300.00
25 Perm. Bact Sample (PBSV) EA 10 $600.00 $6,000.00
26 Blow OffrrBSV EA 12 $700.00 $8,400.00
27 2" Blow Off EA 1 $370.00 $370.00
28 Fire Hydrant Assembly (FH) EA 16 $2,500.00 $40,000.00
29 Dead End FH EA 9 $2,300.00 $20,700.00
30 Temo. Jumper EA 4 $600.00 $2,400.00
31 Final Connect Bypass) EA 1 $1,500.00 $1,500.00
32 Final Connect Plant) EA 1 $1,700.00 $1,700.00
33 Final Connect 10" Aerial) EA 1 $2,900.00 $2,900.00
34 Final Connect 12" Aerial) EA 1 $1,800.00 $1,800.00
35 Fire Line Connection EA 3 $700.00 $2,100.00
36 18" Casino, Open Cut LF 45 $93.00 $4,185.00
37 24" Casino, Ooen Cut LF 40 $110.00 $4,400.00
38 1 1/2" Water Service, Lona EA 42 $980.00 $41,160.00
39 1 1/2" Water Service, Short EA 45 $430.00 $19,350.00
40 Water Meter Boxes EA 150 . $43.00 $6,450.00
41 Backflow Prevention Devices EA 150 $46.00 $6,900.00
42 Extra 3/4" Private Water Service LF 300 $15.00 $4,500.00
43 Extra 1 1/2" Water Service LF 300 $16.00 $4,800.00
44 Extra 2" Water Service LF 100 $19.00 $1,900.00
45 Connection 2" Water Service (Exist) EA 3 $430.00 $1,290.00
46 Exist 2" WM Adjustment EA 6 $200.00 $1,200.00
47 Exist 3" WM Adiustment EA 4 $300.00 $1,200.00
48 Exist 4" WM Adjustment EA 1 $400.00 $400.00
49 Additional 12" WM Deflection EA 2 $2,900.00 $5,800.00
50 Additional 6" WM Deflection EA 2 $1,700.00 $3,400.00
51 Grout 6" AC Pipe LF 5800 $1.40 $8,120.00
52 Grout 8" PVC Pipe LF 60 $20.00 $1,200.00
53 Grout 10" PVC Pipe LF 100 $16.00 $1,600.00
54 Remove 8" PVC Pipe LF 3500 $8.00 $28,000.00
55 Remove 10" Pipe LF 2000 $8.00 $16,000.00
56 Misc. Abandonment LS 1 $150.00 $150.00
57 Roadway Remove/Replace LF 1600 $29.00 $46,400.00
58 Asphalt Overlay (Driveway) SY 1800 $4.25 $7,650.00
59 Concrete Drive Remove/Replace SY 1600 $23.00 $36,800.00
60 Asphalt Drive Remove/Replace SY 250 $20.00 $5,000.00
61 Gravel Drive Remove/Replace SY 100 $7.50 $750.00
62 Concrete Sidewalk Remove/Replace SY 100 $23.00 $2,300.00
63 Remove/Replace 12" CMP LF 100 $24.00 $2,400.00
64 Remove/Replace 15" CMP LF 100 $26.00 $2,600.00
65 Remove/Replace 18" CMP LF 100 $28.50 $2,850.00
66 Remove/Replace 15" RCP LF 96 $28.00 $2,688.00
67 Remove/Replace 18" RCP LF 96 $32.00 $3,072.00
68 Concrete Miter End Section EA 10 $500.00 $5,000.00
69 Asphalt Overlay 1" (Roadway) SY 29000 $3.50 $101,500.00
70 Temp. 6" Solid Double Yellow LF 5200 $0.40 $2,080.00
71 Temp 6" Solid White LF 9500 $0.20 $1,900.00
72 Temp 12" Solid White -...- LF 475 $1.10 $522.50
73 Temp 24" Solid White LF 160 $2.20 $352.00
74 Thermo 6" Solid Double Yellow LF 5200 $1.20 $6,240.00
75 Thermo 6" Solid White LF 9500 $0.60 $5,700.00
76 Thermo 12" Solid White LF 475 $2.50 $1,187.50
77 Thermo 24" Solid White LF 160 $4.50 $720.00
78 Grout 3" & 4" AC Pipe LF 7500 $1.00 $7,500.00
+fl. ThermEl Zq" Seliel 'Nhite .y: -1W $0.00 $MG
80 Storm Sewer San Juan LS 1 $4,900.00 $4,900.00
81 Storm Sewer Cristobal LS 1 $4,800.00 $4,800.00
TOTAL $1,074,097.00
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 Sid 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
qualified as noted above.
1.
Major Category of Work
j) i (t eL11 t)/tJ AL "b r2.. I LC
PAUIDb
Subcontractor and Address
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Y7. 111 tft"}l's. r==--e-
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I
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
Reference
1.
5a uftuf)1qJ
2.
3.
4.
5.
6.
Dated 3/5/10 Doualas N. Hiaains. Inc.
Bidder
BY: ~Q.~
GC-P-5
EXPERIENCE STATEMENT - SOUTHWEST DIVISION
Proiect Name: City County Flow Swap Proiect Name: Collier County Justice Center
Owner - Address - Proiect Manaaer - Phone: Owner - Address - Proiect Manaaer - Phone:
Collier County Public Utilities Engineering Collier County Facilities Management Department
3301 East Tamiami Trail, Building H 3301 East Tamiami Trail
Naples, Florida 34112 Naples, Florida 34112
Sandy Sridhar John Clements
Enaineer - Address - Phone: Enaineer - Address - Phone:
Agnoli, Barber and Brundage Q. Grady Minor and Associates, PA
7400 Trail Blvd, 3800 Via Del Rey
Naples, Florida 34102 Bonita Springs, Florida 34134
Dominic Amico David Schmitt
239-947-1144
Contract Date: Contract Date: $81,950.00
Final Contract Amount: Final Contract Amount: $141,568.41
Comoletion Date: Comoletion Date: August, 2009
Proiect Descriotion: Proiect Descriotion:
Installation of force main, MOV's and valve vaults to two Construction of grinder pump station (vault), installation of
locations which would allow bypass from Collier County muffin monster (grinder/auger assembly), new sanitary sewer
to the City of Naples. and manholes. Replacement of the existing sanitary sewer
with a new 12-inch main and a high water alarm system,
Proiect Name: Pump Station S-6 Gearbox Replacement Proiect Name: Cove Stormwater Pump Station Imp.
Owner - Address - Proiect Manaaer - Phone: Owner - Address - Proiect Manaaer - Phone:
South Florida Water Management District City of Naples
2101 Centrepark West Drive, Suite 110 Department of Streets and Stormwater
West Palm Beach, Florida 33409 295 Riverside Circle
Gerard Flynn Naples, Florida 34102
(239) 213-5000
Enaineer - Address - Phone: Enaineer - Address - Phone:
South Florida Water Management District AECOM
3301 Gun Club Road 4415 Metro Parkway
West Palm Beach, Florida 33406 Suite 404
Michael Millares Fort Myers, Florida 33916
(239) 278-7996
Contract Date: December 3, 2009 Contract Date: 2/4/09 Award, 3/16/09 NTP
Final Contract Amount: $2,191,945,00 Final Contract Amount: $2,778,000.00
Comoletion Date: May 2010 Comoletion Date: 2/8/10 (Contract)
Proiect Name: Master Pump Station 305 Rehabilitation Proiect Name Water Reuse Piping Modifications / Reuse
System Upgrade
Owner - Address - Proiect Manaaer
Collier County Owner - Address - Proiect Manaaer - Phone:
Public Utilities Engineering Department City of Marco Island
3301 Tamiami Trail East, Building H Public Utilities
Naples, Florida 34112 50 Bald Eagle Drive
Sandy Sridhar Marco Island, Florida 34145
Bruce Weinstein
Enaineer - Address: 239-389-5000
Q. Grady Minor and Associates, PA
3800 Via Del Rey Enaineer:
Bonita Springs, Florida 34134 Metcalf and Eddy
David Schmitt
Contract Date: February 10, 2008
Contract Date: August 11,2008 Final Contract Amount: $649,171.67
Final Contract Amount: $444,000,00 Comoletion Date: November 2008
Comoletion Date: January 16, 2009
Proiect Descriotion: Proiect DescriDtion:
Fully rehab 2300 GPM Master Pump Station Rehab 500,000 Gallon Tank and convert potable water facility
to reuse storage facility
EXPERIENCE STATEMENT - SOUTHWEST DIVISION
Proiect Name: CAT Operations & Administration Center Proiect Name: San Marco Master Lift Station
Pump Station and Force Main Connection
Owner - Address - Proiect Manaoer - Phone:
Owner - Address - Proiect Manaoer: City of Marco Island
Collier County Public Works
Altemative Transporation Division 50 Bald Eagle Drive
2885 South Horseshoe Drive Marco Island, Florida 34145
Naples, Florida 34104 Timothy E. Pinter, P.E,
Sue Faulkner
Enaineer - Address - Phone:
Enoineer:
a. Grady Minor
3800 Via Del Rey
Bonita Springs, Florida 34134 Contract Date: January 2, 2008
Final Contract Amount: $833,615,61
Contract Date: February 14, 2008 Completion Date:
Final Contract Amount: $133,673.04
Completion Date: May 1, 2008
Proiect Description: Proiect Description:
Installation of 14-inch force main, pump station and valve Construct new 800 GPM Master Lift Station
vault to existing CAT Operations Building.
Proiect Name: Irrigation Quality Water Project Proiect Name: Golden Gate WWTP and Injection Pump
Station
Owner - Address - Proiect Manaaer:
Collier County
Facilities Management Owner - Address - Proiect Manaaer - Phone:
3301 Tamiami Trail East, Building W Florida Governmental Utility Authority
Naples, Florida 34112 280 Wekiva Springs Road, Suite 203
Damon Gonzales Longwood, Florida 32779
Enoineer - Address - Phone: Enoineer - Address - Phone:
Anchor Engineering Arcadis
4307 Vineland Road
Contract Date: March 14, 2007 Suite H-20
Final Contract Amount: $1,213,474,52 Orlando, Florida 32811
Completion Date: January 15, 2008 407-236-5700
Contract Date:
Final Contract Amount:
Completion Date:
Proiect Description:
Expansion of Golden Gate WWTP which included the
construction of a new digester, chlorine contact tank and
injection well pump station, modification of clarifiers #1 and #2,
installation of surge and annular pressure tanks and
appurtenances.
Proiect Name: Treeline Master Pump Station Proiect Name: PS S-127 and S-133
Pump Refurbishment and Bearing Replace.
Owner - Address - Proiect Manaoer - Phone: Owner - Address - Proiect Manaaer - Phone:
City of Fort Myers South Florida Water Management District
2200 Second Street 2101 Centrepark West Drive, Suite 110
Fort Myers, Florida 33902 West Palm Beach, Florida 33409
Eliana Hayes, EI. Mike Curley
(239) 332-6318
Enaineer - Address - Phone: Enoineer - Address - Phone:
Johnson Engineering, Inc. South Florida Water Management District
2122 Johnson Street 3301 Gun Club Road
Fort Myers, Florida 33920 West Palm Beach, Florida 33406
David Trouteaud Teri Swartz
(239) 334-0046
Contract Date: July 1, 2008 Contract Date: April 10, 2008
Final Contract Amount: $1,043,805,00 - Not Final Final Contract Amount: $3,947,723.00
Completion Date: February, 2009 Completion Date: July 2010
Proiect Description:
Installation of a master pump station located along Treeline
Avenue. The project entailed a jack and bore under Treeline
Avenue to connect to the existing force main and
construction of a 20 foot deep master pump station. A 400 KW
aenerator and odor control unit were also installed,
EXPERIENCE STATEMENT - SOUTHWEST DIVISION
Proiect Name:
Gateway Triangle Stormwater Improvements Proiect Name:
Marco Island North Barfield &
North Marco Sanitary Sewer District
Owner - Address - Project Manaaer - Phone:
Collier County
Stormwater Department
2885 Horseshoe Drive
Naples, Florida 34 239-252-8192
Shane Cox
Enaineer - Address:
HDR, Inc.
200 West Forsyth Street
Jacksonville, Florida 32202
Laura Phillips
Contract Date:
Final Contract Amount:
Completion Date:
Proiect Description:
Stormwater improvements to existing area - excavation of
approximately 34,000 Cy of dirt and grading to form three
continuous ponds, Installation of box culverts, sheet piling,
concrete ditch pavement and storm drainage structures,
November 5, 2007
$1,021,336.78
July 28, 2008
Proiect Name:
NCWRF MLE Bleach Project
Phase 2, Mechanical
Owner - Address - Proiect Manaaer:
Collier County
Public Utilities Engineering Department
3301 Tamiami Trail, East, Building H
Naples, Florida 34112
Dianna Dueri
Enaineer - Address - Phone:
Hole Montes
950 Encore Way
Naples, Florida 34110
Jerry Taricska 239-254-2000
Contract Date:
Final Contract Amount:
Completion Date:
Project Description:
Bleach piping modifications to chlorine contact chambers
and modification of pump skids to have redundancy in
bleach feed system.
September 17, 2007
$336,412.49
June 17, 2008
Proiect Name:
Rehabilitation of Master Pump Station 318
Owner - Address - Project Manaaer - Phone:
Collier County
Public Utilities Engineering Department
3301 Tamiami Trail East, Building H
Naples, Florida 34112
Sandy Sridhar
Enaineer - Address - Phone:
Q. Grady Minor & Associates
3800 Via Del Rey
Bonita Springs, Florida 34134
David Schmitt
239-947-1144
Contract Date:
Final Contract Amount:
Completjon Date:
Proiect Description:
Fully rehab 3000 GPM Master Pump Station
October 9, 2007
$789,070.59
June 10, 2008
Owner - Address - Project Manaaer - Phone:
City of Marco Island
50 Bald Eagle Drive
Marco Island, FL 34145
Mr. James Miller
239-389-5011
Enaineer - Address - Phone:
Bolye Engineering
4415 Metro Parkway, Suite 104
Fort Myers, FL 33916
Fred Mittl
239-278-7996
Contract Date:
March 1, 2007
Final Contract Amount:
North Marco $4,644,806.99
North Barfield $7,270,729.37
North Marco May 11, 2008
North Barfield March 24, 2008
Completion Date:
Proiect Name:
Rehabilitation of Master Pump Station 316
Owner - Address - Proiect Manaaer:
Collier County
Public Utilities Engineering Department
3301 Tamiami Trail East, Building H
Naples, Florida 34112
Sandy Sridhar
Enaineer - Address - Phone:
Q. Grady Minor & Associates
3800 Via Del Rey
Bonita Springs, Florida 34134
David Schmitt
239-947-1144
Contract Date:
Final Contract Amount:
Completion Date:
Project Description:
Full rehab 800 GPM Master Pump Station
November 16,2007
$765,823.34
June 3, 2008
Proiect Name:
NCRWTP Chemical Labatory
Ventilation Improvements
Owner - Address - Proiect Manaaer - Phone:
Collier County
Public Utilities Engineering Department
3301 Tamiami Trail East, Building H
Naples, Florida 34112
Tom Chmelik
239-732-2575
Enaineer - Address - Phone:
TLC Engineering
1400 Colonial Boulevard, Suite 203
Fort Myers, Florida 33907
Nicholas L Mancuso
239-275-4240
Contract Date:
Final Contract Amount:
Completion Date:
Project Description:
Replace complete HVAC system including air handler,
ductwork, exhaust fans, condenser and rehab fume hoods
March 13, 2007
$749,367,67
November 30, 2008
EXPERIENCE STATEMENT - SOUTHWEST DIVISION
Proiect Name: Collier County NCRWTP AND SCRWTP
Proiect Name: Connection to Water Main - Marco Shores Sand Separators
Owner - Address - Proiect Manaoer: Owner - Address - Proiect Manaoer - Phone:
City of Marco Island Collier County Public Utilities
Public Works 3301 East Tamiami Trail
50 Bald Eagle Drive Naples, Florida 34112
Marco Island, Florida 34145 Diana Dueri
James Miller
Enaineer - Address - Phone:
Enaineer - Address - Phone: Hazen and Sawyer
Contract Date: April 26, 2007 Contract Date:
Final Contract Amount: $188,000.00 Final Contract Amount:
Completion Date: August 31, 2007 Completion Date:
Proiect Description:
Procurement and installation of two automatic self-cleaning
sand separators (custom built in Germany) including stainless
steel piping, valves, instruments and control panels. Installation
of system, which included two, three-chamber pump stations,
submersible pumps, venturi f1owmeters, etc.
Proiect Name: SCRWTP Raw Water Transmission Main Proiect Name: Decomissioning of Pelican Bay
& Appurtenances for Wastewater Treatment Plant
Raw Water Wells 39S, 40S, 41 S & 42S
Owner - Address - Proiect Manaoer - Phone: Owner - Address - Proiect Manaoer - Phone:
Collier County Collier County
Public Utilities Engineering Department Public Utilities Engineering Department
3301 Tamiami Trail, Building H 3301 Tamiami Trail East, Building H
Naples, Florida 34112 Naples, Florida 34112
Peter Schalt Sandy Sridhar
Enoineer - Address - Phone: Enaineer - Address - Phone:
Hazen & Sawyer Hazen and Sawyer
2101 Coporate Boulevard, Suite 301 2101 Corporate Boulevard, Suite 303
Boca Ratan, Florida 33431 Boca Raton, Florida 33431
Albert Muniz Ku rt Pfeffer
561-997-8070 561-997-6070
Contract Date: September 26, 2006 Contract Date: February 6, 2006
Final Contract Amount: $1,884,000.00 Final Contract Amount: $72,500.00
Completion Date: April 11, 2007 Completion Date: July 30, 2006
Proiect Description:
Installed 3500 If of 16-inch HDPE raw water transmission
main along with four new raw water wells. This provided the
plant the ability to produce sufficient capacity to meet water
demands, Included installation of pigging stations and
electrical enclosures.
Proiect Name: Pelican Bay Fire and Irrigation Water Proiect Name: Reclaimed Water Aquifer Storage and
System Improvement at the Ritz Carlton Recovery
Owner - Address - Proiect Manaaer: Owner - Address - Proiect Manaaer:
Collier County Collier County
Public Utilities Engineering Department Public Utilities Engineering Department
3301 Tamiami Trail East, Building H 3301 Tamiami Trail East, Building H
Naples, Florida 34112 Naples, Florida 34112
Claude Nesbitt Alicia Abbott
Enaineer - Address - Phone: Enaineer - Address:
Wilson Miller, Inc. Water Resource Solution
3200 Bailey Lane, Suite 200 1388 Colonial Boulevard
Naples, Florida 34105 Fort Myers, Florida 33907
Craig Pager Lloyd Horvath
800-649-4336
Contract Date: April 5, 2006
Contract Date: March 30, 2006 Final Contract Amount: $4,658,515.28
Final Contract Amount: $162,723.43 Completion Date: June 6, 2007
Completion Date: February 26, 2007 Proiect Description:
Installed a deep injection well for the storage of reclaimed water
coming from Collier County water treatment plants. The Owner
will have full capability to recover this reclaimed water for
market and/or use for their own irrigation needs.
EXPERIENCE STATEMENT - SOUTHWEST DIVISION
Proiect Name: Tigertail Sewer District Proiect Name: Pads for MBR and Equipment
Wastewater Collection System Expansion
Owner - Address - Proiect Manaaer - Phone: Owner - Address - Proiect Manaaer - Phone:
City of Marco Island City of Marco Island
50 Bald Eagle Drive 50 Bald Eagle Drive
Marco Island, FL 34145 Marco Island, FL 34145
Mr. James Miller Mr. Bruce Weinstein
239-389-5011 239-389-5182
Enaineer - Address - Phone: Enaineer - Address - Phone:
Bolye Engineering CDM
4415 Metro Parkway, Suite 104 9311 College Parkway
Fort Myers, FL 33916 Fort Myers, FL 33919
Fred Mittl Adam Soblenski
239-278-7996 239-437-9494
Contract Date: March 7, 2006 Contract Date: March 13, 2006
Final Contract Amount: $2,920,703.33 Final Contract Amount: $183,000.00
Completion Date: December 21, 2006 Completion Date: May 13, 2006
Proiect Name: Rosemary Park Paving & Proiect Name: Forest Lakes MSTU
Drainage Improvements Phase 2 Drainage Improvements
Owner - Address - Proiect Manaaer - Phone: Owner - Address - Proiect Manaaer - Phone:
City of Bonita Springs Collier County - A TM
Public Works Department Stormwater Department
9101 Bonita Beach Road 2885 Horseshoe Drive South
Bonita Springs, Florida Naples, Florida 34104
239-949-6243 Darryl Richard
Enaineer - Address - Phone: Enaineer - Address:
Q. Grady Minor Willson Miller
3800 Via Del Rey 3200 Bailey Lane, Suite 200
Bonita Springs 34134 Naples, Florida 34105
David Schmitt Craig Pajer
239-949-6243
Contract Date: April 5, 2006 Contract Date: May 2, 2006
Final Contract Amount: $831,805,33 Final Contract Amount: $193,287.00
Completion Date: November 1, 2006 Completion Date: July 19, 2006
Proiect Name: Dortch Ave. Drainage & Paving Impvs. Proiect Name: Lehigh Acres Interconnect
Hampton Street Sidewalk Improvements with The City of Fort Myers
Owner - Address - Proiect Manaaer - Phone: Owner - Address - Proiect Manaaer - Phone:
City of Bonita Springs
Public Works Department Florida Govemmental Utility Authority
9101 Bonita Beach Road 280 Wekiva Springs Road, Suite 203
Bonita Springs, Florida Longwood, Florida 32779
239-949-6243 Enaineer - Address - Phone:
Enaineer - Address - Phone: Malcom Pimie, Inc,
Q. Grady Minor 2301 Maitland Center Parkway, Suite 425
3800 Via Del Rey Maitland, Florida 32751
Bonita Springs 34134 Victor Hurlburt
David Schmitt 407-659-5550
239-949-6243 Contract Date:
Final Contract Amount: June 15, 2006
Contract Date: March 15, 2006 Completion Date: $2,884,382.00
Final Contract Amount: $316,400.50 April 2007
Completion Date: August 1, 2006
EXPERIENCE STATEMENT - SOUTHWEST DIVISION
Proiect Name: Pump Station 109 and 113 Improvements Proiect Name: Marco Island Wastewater Treatment
Plant Expansion - Phase 1 Improvements
Owner - Address - Proiect Manaaer - Phone:
Collier County Owner - Address - Proiect Manaaer - Phone:
Public Utilities Engineering City of Marco Island
3301 Tamiami Trail East, Building H 50 Bald Eagle Drive
Sandy Sridhar Marco Island, FL 34145
Mr. Bruce Weinstein
Enaineer - Address - Phone: 239-389-5182
Q, Grady Minor & Associates
3800 Via Del Rey Enaineer - Address - Phone:
Bonita Springs, Florida 34134 CDM
David Schmitt 9311 College Parkway
Fort Myers, FL 33919
Contract Date: February 8, 2006 Adam Soblenski
Final Contract Amount: $ 1,229,561.25 239-437-9494
Completion Date: September 29, 2006
Contract Date: May 23, 2006
Final Contract Amount: $9,787,283.47
Completion Date: January 17, 2007
Proiect Name: Appurtenances For Wells RO 101 N Proiect Name: Construction of Wells 35 & 36
and 102N
Owner - Address - Proiect Manaaer - Phone: Owner - Address - Proiect Manaaer - Phone:
Collier County Collier County
Public Utilities Engineering Public Utilities Engineering
3301 Tamiami Trail East, Building H 3301 Tamiami Trail East, Building H
Naples, Florida 34112 Howard Brogdon
Peter Schalt
Enaineer - Address - Phone:
Enaineer - Address - Phone: Camp Dresser & McKee, Inc.
Hazen & Sawyer 9311 College Par1<way, Suite 1
2101 Corporate Boulevard, Suite 301 Fort Myers, Florida 33919
Boca Raton, Florida 33431 Adam Sobolewski
Albert Muniz 239-432-9494
Contract Date: May 24, 2005 Contract Date: August 16, 2005
Final Contract Amount: $597,000.00 Final Contract Amount: $998,980.97
Completion Date: January 27, 2006 Completion Date: January 30, 2006
Proiect Name: 12th Avenue Interconnect Booster PS Proiect Name: NCWRF Rebuild filter Set 1
Clean and Paint Filter Beds
Owner - Address - Proiect Manaaer - Phone:
Collier County Owner - Address - Proiect Manaaer - Phone:
Public Utilities Engineering Collier County
3301 Tamiami Trail East, Building H Public Utilities Engineering Department
Naples, Florida 34112 3301 Tamiami Trail East, Building H
Peter Schalt Karen Guliani
Enaineer - Address - Phone:
Hazen and Sawyer Enaineer - Address - Phone:
1905 South 25th Street, Suite 103 Collier County
Fort Pierce, Florida 34947 Public Utilities Engineering Department
Albert Muniz 3301 Tamiami Trail East, Building H
Karen Guliani
Contract Date: August 8, 2005
Final Contract Amount: $1,083,000.00 Contract Date: March 1, 2005
Completion Date: October 31, 2006 Final Contract Amount: $354,817,00
Completion Date: September 14, 2005
EXPERIENCE STATEMENT - SOUTHWEST DIVISION
Proiect Name: SCWRF Rehabilitation Piping Proiect Name: Michigan Street Drainage Improvements
Odor Control Modifications
Owner - Address - Proiect Manaoer - Phone: Owner - Address - Proiect Manaaer - Phone:
Collier County City of Bonita Springs
Public Utilities Engineering 9101 Bonita Beach Road
3301 Tamiami Trail East, Building H Bonita Springs, Florida 34135
Naples, Florida 34112 239-949-6262
Vaughn Williams
Enoineer - Address - Phone:
Enaineer - Address - Phone: a. Grady Minor & Associates
Hole Montes 3800 Via Del Rey
950 Encore Way Bonita Springs, Florida 34134
Naples, Florida 34110 David Schmitt
E. Joseph Goelz, Jr.
239-254-2000
Contract Date: November 21, 2005 Contract Date: $243,610,00
Final Contract Amount: $217,900,00 Final Contract Amount: September 1, 2005
Comoletion Date: July 12, 2006 Comoletion Date:
Proiect Name: Richview Court Drainage Maintenance Proiect Name: 1-75 and Alico Road Interchange Reconstr.
Owner - Address - Proiect Manaaer - Phone: Owner - Address - Proiect Manaaer - Phone:
City of Bonita Springs Florida Department of Transporation
Public Works Department Tallahassee, Florida
9101 Bonita Beach Road
Bonita Springs, Florida
239-949-6243
Enoineer - Address - Phone:
Enoineer - Address - Phone: Contractor: Engineer: Thomas Boyle
City of Bonita Springs Kiewit Southern 239-432-2732
Public Works Department 450 Dividend Drive 16999 James Whitehead Road
Peachtree City, Georgia Fort Myers, Florida 33912
Contract Date: December 27, 2005 Contract Date: October 5, 2005
Final Contract Amount: $29,333.50 Final Contract Amount: $1,288,742.63
Comoletion Date: January 30, 2006 Comoletion Date: June 2007
Proiect Name: Culvert Replacement in the River Oaks, Proiect Name: Twin Lakes Interconnect
Palm River Subdivision
Owner - Address - Proiect Manaaer - Phone: Owner - Address - Proiect Manaoer - Phone:
Collier County Collier County
Stormwater Management Stormwater Management
2885 Horseshoe Drive 2885 Horseshoe Drive
Naples, Florida 34104 Naples, Florida 34104
Margaret Bishop Gianfranco Nicolaci
Enoineer - Address - Phone: Enoineer - Address - Phone:
Collier County Agnoli Barber & Brundage, Inc,
Stormwater Management 7400 Tamiami Trail North, Suite 200
Naples, Florida 34108
Roger Sandrus
Contract Date: April 4, 2005 Contract Date: September 12,2005
Final Contract Amount: $576,642.50 Final Contract Amount: $750,120.76
Comoletion Date: July 8, 2005 Comoletion Date: March 1, 2006
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF,SY)
Unit
(Quantity)
Unit
Cost
Extended
Cost
1. ..5:..D ()iN G
2. Perx H ,lUeS
3.
L-~
~60D
6", DOO
t:>A ~.
U I -.;) ()
1>~ )S()O. 00
65;000.00
L/=
~/.DO
4.
5.
TOTAL
$ -7 I 5" cJO , 0 D
Failure to complete the above may result in the Bid being declared non-responsive.
Dated 3/5/10 Doualas N. Hiaains, Inc.
Bidder
BY: ~ iA'.~
GC-P-6
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
ITB#:10-5441 (Check Appropriate Boxes Below)
STATE OF FLORIDA
AND
X COLLIER COUNTY D LEE COUNTY
PROPOSERlBIDDER/QUOTER AFFIRMS THAT IT IS A LOCAL BUSINESS AS
DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AND THE REGULATIONS THERETO.
AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY;
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 located within the limits of
Collier or Lee Counties from which the vendor operates or performs business. Post
Office Boxes are not verifiable and shall not be used for the purpose of establishing said
physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of 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.
Please provide the following information for the Proposer/Bidder/Quoter:
Year Business Established in XCollier County or D Lee County: 1990
Number of Employees (Including Owner(s) or Corporate Officers): 51
Number of Employees Living in X Collier County or D Lee (Including Owner(s) or
Corporate Officers): 26
GC-P-7
If requested by the County, proposerlbidder/quoter will be required to provide documentation
substantiating the information given in this affidavit. Failure to do so will result in
proposer/bidder/quoter's submission being deemed not applicable.
Douolas N. Hiooins. Inc.
Proposer/Bidder/Quoter Name
~~ a.~
I Signature
Vi 'U-' f (tl,\ dm+
Title
STATE OF ~OI1tDA MiCJf-If-I\N
W1ts UIf;lJAiN CO(..U'J""f11
D COLLIER COUNTY D LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County,
on this ~ Day of AMJrcJt , 20 10 .
7( ~$~~
! Notary Public
My Commission Expires:
F:, ~\i:?:,.;~:~l;i~~i~,;~::.t~~njy, Ml
i ~~\!-;;. ~~-::) ~;~2J 1) 20; 1
(AFFIX OFFICIAL SEAL)
GC-P-8
cJtr..County
Adn it dl:ltive Servia!ls Division
Purchasing
Immigration Affidavit
Bid/RFP # 10-5441
Title: Isle of Caori Water Main Reolacement Phase 1
This Affidavit is required and should be signed, notarized by an authorized principle of the firm and
submitted with formal Invitations to Bid (ITB's) and Request for Proposals (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 a(e) Section 274A(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 Section
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 Amendment(s)) and agrees to abide by Collier County Employment
Eligibility Verification System requirements regarding this solicitation.
Company
Name
Print Name
Douglas N. Higgins, Inc.
,
_kelly~, VV:1~Je,
~~.uuLL
STATE OF ~
COUNTY OF . ~{1W
The foregoing instrument was signed and aCknow~ed before me this Jj-ri'J day of
Mtifcft , 20.!::.L, by Kd Iy A-, kte, who has produced
(Print or Type Name)
bt-/ItbW as identification.
(Typ of Id ntifi~ and um~
nature
Title
Via -p fl~1 dwt+
Signature
Date
3/5/10
-et
R, Sl.!Z!,NNE l1r,WKER
Notary Comm ission N umber/EXPiratio~i;';'D~::~~:~i~~'j~~~~~~r;~~'''~~~~~16f'i'
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-9
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within One Hundred Fifty (150)
consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfullv Submitted:
State of MJdI;~OJ1
County of Wtti'Pf-Jout.W
Uo flu l-. II\AI k...e, , being first duly sworn on
oath depose~hat the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
k' p j k/ A- JVi t k 1/./ , also deposes and says
that it has =fully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
GC-P-IO
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
Michioan , which operates under the legal name of Douolas N. Hiooins.
Inc. , and the full names of its officers are as follows:
presidentj)OUgltls N., /1J~Jv1.s-
Secretary ({"JUZAJIl n(., ffWker
. TreasurerJ~SUZd~ l4ttwkef'
VI(;O-P((S~~er W U'a#1 f-hWylJ. JaYltt i-! J'Wf:d- I'XJ ly ,4. W1 tb~
The I. 'Nl~ ' J - ~ 'ffhnt is authorized to ~ign construction bids
and co tract for the company by action of its Board of Directors taken
1'7 ZOO , a certified copy of which is hereto attached (strike
out this last entence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED --.m4.YU1 ~ J-OIO
Gc-p-ll
BY: Do.tg!tii No ~~YlS~.
Name of Bidder (Type '. .
~ ~ ,\'.J,-\
() .lUJJu.z_,.>l....:",...
Signatu _ ,_~' .< . .-,' " '
_V1o -ff.pJ jc1tJ,pf: < :': " , .
Title : ".
- . . ~ . . .
" ('\ ,.,!
, .
STATEOF MI()l~
COUNTY OF W()SV1~/W
and did (did not) take an oath.
-
R. (~~ 'Y,{;\f\j}~S ~.~~,v,n<__~:rl, 1
My Commission Expires: NSl:ry l:;.,:';;:c , 1\2~j~n~(\i~1
{\11 G.)\T;jTiiS$k:';\ .\f,l;l...
NAME:
X ~t~ Jk~
(Signature Notary)
p , S (,17 ~ f)n{: mw./k 01'
(Legibly Printed)
. ".
" ....',. ,I,
'~AF,FIX dFFIC!AL~:.SEAL)
.. c. ~-~ . I
. '
. -,-
Notary Public, State of MlcJ1~q(1j1
Commission No.:
.\ :'.;::; .c. ~ ,~(~, ./' ...
",
GC-P-12
CERTIFICATE OF SECRETARY
The undersigned, being the duly elected secretary of
Douglas N. Higgins, Inc., a Michigan corporation, hereby
certifies that the following resolution was duly adopted by
the Board of Directors of said corporation at a meeting held
on May 15, 2009 and that said resolution is in full force
and effect:
"RESOLVED, That the following listed persons
are hereby authorized to execute, on behalf of
Douglas N. Higgins, Inc., any and all contracts and
documents."
Douglas N. Higgins
william D. Higgins
,
( J ,
\,~j /~
James H. Sweet
Kelly A. Wilkie
~S~Wk~
Secret y
May 15, 2009
Dated:
..
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
HIGGINS, DANIEL,NORMAN
DOUGLAS N HIGGINS INC
3390 TRAVIS POINTE ROAD
SUITE A
ANNN ARBOR MI 48108
I ,~:~~:'~:s~T~:?~\\~};:};.'[C2;::-:~:\ ~~o~.~T'.'"O; .tt~~pti~~~~;g~:~~~~~
I:?! ~.i:!&Rff~~-I~bP1:-:<:,;'y.&~:':C:)~." ::~.:ci~
Congratulations! With this license you become one of the nearly one million " 1\R"~M'I2:tJ.i'*i:)~BUS];N'ESS$":AND..N.~
Floridians licensed by the Department of Business and Professional Regulation.' :.. 6EFs~'lbNAL '\REGU~~~jjON:f.W:Wf.:~
Our professionals and businesses range from architects to yacht brokers, from~: ,~ .\.,-;.~:~"_!ff:'W ";:>'";i~:i~~:if::~l:*<h\i;
boxers to barbeque restaurants, and they keep Florida's economy strong. :>&SGC P tfo-l"e{g' 0 8 / 2 9 / 0 :~~~~t~'~. ~'~~~~
Eyery day we work to improve the way we do business in order to serve you better. > _ . .:"f;,:;:~~.:;:;TZ:~~s
For information about our services, please log onto www.myfloridalicense.com. c:h-' q!,;.RT;r~;I;:ED GE;NERAL GONT~9::r' )(~'~i
There you can find more information about our divisions and the regulations that ~;} ~i,!::~<;;;i:-1;i~'~ D~IEL NOR~ ~'g' '.;:1;:::'~i'-$
impact you, subscribe to department newsletters and learn more about the '~I~.D.Q.P',q.f}1\S N HIGGINS INC,~\: ;' ;;\i;,',:,,~
Department's initiatives.'*~l!;~~~.- ~~K -:~: ' ~\~!~,~!;. :fu,}'.l'
,tf~'\'I':r:' '~':'II'\;I\('h '*~\"")' ,\~tEi
~",,:,~:.:,..,?,., . . . .>~\;,::.:t~~i.1,~!({
, '. ~(S-,&l?RTu;rED ~4!"_r;~!l.p;,~"is:l,Q!!tJ;fjJ~'~ S.
~;.. qr~"""'a"'7'~~'Ur.i"M~1 ~i'2wfb MOil ci'eH of ~
's~~ ~~~~t~~~-ll~~j'~..~..~b~t. ::~~~'J1.~~':_ ~~.:.;:.'y:b~~~~.;:d'~
~(~ "'.... ~..~.:'t;' ..~(~. .,......"'" tt:',.. .;'fh. ,:~~"~lW~":'~(:;:,;'~",:,,,
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
DETACH HERE
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Douglas N. Higgins, Inc.
(herein after called the Principal) and
Hartford Accident and Indemnity Company ,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of CT with its principal offices in the city of Hartford
and authorized to do business in the State of FL 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
five percent of attached bid dollars ($ 5% )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
Isle of Capri Water Main Replacement Phase 1
Bid No. 10-5441
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $_ noted above as liquidated damages, and not
as a penalty, as provided in the Bidding Documents, then this obligation shall be null and
void, otherwise to remain in full force and effect.
Gc-p-13
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 5th day of March ,2010.
Douglas N. Higgins, Inc.
Principal
BY
~a.wJJuv
e Iv.4. VVIIKtl., VIQ- fl:RSic/art"
Hartford Accident nd Indemnity Compan
f
(Seal)
Countersigned
Surety
(Seal)
Local Resident Producing Agent for
Hylant Group,
541.
Ann Arbor, MI 48106
GC-P-14
'POWER OF ATTORNEY
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-4
P.O. BOX 2103, 690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757 -5835
Agency Code: 35-350851
KNOW ALL PERSONS BY THESE PRESENTS THAT:
[K:=J Hartford Fire Insurance Company, a corporation duly organized unrer the laws of the State ofConnecticu
[K:=J Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State ofhdiana
[K:=J Hartford Accident and Indemnity Company, a corporation duly organized unrer the laws of the State of Connecticut
c:=J Hartford Underwriters Insurance Company, a corporation duly organized unrer the laws of the State of Connecticut
c:=J Twin City Fire Insurance Company, a corporation duly organized under the laws of the State ofIndima
c:=J Hartford Insurance Company of Illinois, a corporation duly organized unrer the laws ofthe State of Illinois
c:=J Hartford Insurance Company of the Midwest, a corporation duly organized unrer the laws ofthe State of Indiana
c:=J Hartford Insurance Company of the Southeast, a corporation duly organized urrler the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Dan Hines, Heather M. Johnson, Judy K. Macklem, Carol J. Youngs
of
Ann Arbor, MI
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by t8J, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law,
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary, Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
~r~~ ~...
:0.:# v---.....,
~~'C. I:!,#".....'~\ ~~
!;~-r:_~-:).t liS .. ~:;i.~ .
,,~.'..le7';;- '~;,..Ji7?J!.,:.fl 19'.
'\,:",>..,...~.':~" :tt~...'t..oIl \"S
~j" 'll"Q1'\ ....t...,. ~.:.~.
f~O 0\. ~
F~
Paul A. Bergenholtz, Assistant Secretary
M. Ross Fisher, Assistant Vice President
STATE 0 F CON N ECTICUT }
55.
COUNTY OF HARTFORD
On this 3rd day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
Hartford
~
^ '7:1> (:/ /.
-<_,) c/'V C /::....A~
Scott E. Paseka
Notary Public
My Commission Expires October 31, 2012
I(~. tv~~t=
I U
L '
Gary W. Stumper, Assistant Vice President
BUSINESS CONTACT INFORMATION
DouQlas N. HiQQins. Inc.
(Firm's Complete legal Name)
Main Business
3390 Travis Pointe Rd.. Ste. A
(Address)
Contact Name Daniel N. HiQQins
Title Vice President
Ann Arbor. MI 48108
(City, State, ZIP)
Phone No. 734-996-9500
FAX No. 734-996-8480
Email address:danh@dnhiQQins.com
****************************************************************************************************
ADDITIONAL CONTACT INFORMATION
Send Payments To
(REQUIRED ONLY if different from above)
(Company Name used as Payee)
(Address)
(City, State, ZIP)
Contact Name
Title
Phone No.
FAX No.
Email address:
Office Servicing Collier County Account
/Place Orders/Request Supplies
(REQUIRED ONLY if different from above)
4485 Enterprise Avenue
(Address)
Naples. FL 34104
(City, State, ZIP)
Contact Name Brandv Bartolone
Title ReQional ManaQer
Phone No. 239-774-3130
FAX No. 239-774-4266
Email Address:brandv@dnhiQQins.com
GC-P-15
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 included.
5. Any delivery information required is included.
6. Local Vendor Preference Affidavit completed.
7. Immigration Affidavit completed.
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
cashiers check has been included.
10. Any addenda have been signed and included.
11. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
12. The mailing envelope must be sealed and marked with:
<::>Bid Number; 10-5441
<::>Project Name; Isle of Capri Water Main Replacement Phase 1
<::>Opening Date. March 5, 2010
13. The Bid will be mailed or delivered in time to be received no later than the
specified openina date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
DouQlas N. Hiaains. Inc.
Bidder Name
rd~T~10u-Pa>l&nf
Signatu & Title
DATE:
3/5/10
Gc-p-16
EXHIBIT A
PUBLIC PAYMENT BOND
Isle of Capri Water Main Replacement Phase 1
Bond No. 35BCSFD7635
Contract No. 10-5441
KNOW ALL MEN BY THESE PRESENTS: That Douqlas N. Hiqqins, Inc.
3390 Travis pointe, Suite A, Ann Arbor, MI 48108 , as Principal,
and Hartford Accident and Indemnity Company , as
Surety, located at P.O. Box 2103, 690 Asylum Avenue, Hartford, CT 06115
(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 Seventy-Four Thousand Ninety-Seven Dollars
($ 1, 074,097.00 ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
2010, with Obligee for Isle of Capri Water Main Replacement Phase I Bid No.
in 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.
10-5441
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 21st
day of April 2010, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
GC-CA-A-1
Signed, sealed and delivered
in the presence of:
t/lA~
,// 4-r-:- . . r-j-"--'
C.-/~f;Y~ ()'J~
..witnesses as to Principal
PRINCIPAL
Douglas N. Higgins, Inc.
BY:
NAME:
ITS:
~4.~.
.; _ f)j~~J~t,~
STATE OF
COUNTY OF
The foregoing i lrumen! was acknowledged before me lhisJlSf dd;;t apt!
20jQ, by .el' . I t.. I as V'C! . (Jrf>.J +- of
J . I a MlcJ1 ~corporation, on behalf of the
corporation. e/she is er lIy known to me OR s produced as
identification and did (did not ake an oath.
--,
My Commission Expires: 3/7/! /
~~~OL1L
NAME:
u/ff/J'-L ~
(Signatur f Notary)
t:~~!,-.,.._, \:v.:;.':-;~.~t';j~i8':1,,' Ct)~ln~}l ~.ri~
Nc,t,~;v [Tc':"~; . _Or" ')ires Mar 1, ,,01
-51~~1:)'''lon l;.X,
(Legibly Printe~J v
(AFFIX OFFICIAL SEAL)
Notary Public, State of lVt,ch ':JU1
Commission No.:
ATTEST:
SURETY:
Hartford Accident and
Indemnity Com~any
(Printed Name)
P.O. Box 2103
690 Asylum Avenue
Hartford, CT 06115
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
.' 2:*Lt/'/f;;~~, -x ?VJ
" .... ,/
OR
:au
L
L{LCi~,-_
/
Heather M. Johnson
(Printed Name)
~~,
Witnesses I
24 Frank Lloyd Wright Dr.
P.O. Box 541, Suite J4100
Ann Arbor. MI 48106
(Business Address)
(734) 741- 0044
(Telephone Number)
STATE OF MI. :t;.
COUNTY OF If,,awt.t: uc ".Q . in
liJa skU; eJ:law-~
The foregoing instrument was acknowledged before me this 21st day of
April , 2010, by Heather M. Johnson , as
Attorney in Fact of Hartford Accident and Indemnity Company
Surety, on behalf of Surety. He/She is personally known to me OR has produced
as identification and who did (did not)
take an oath.
My Commission Expires: '1/;;)31 ~l?t5
~ Q.~.~,
(Signature
Name: c..ne.\~ 1\.. ~ \ -b
(Legibly Pri d)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: MI
Commission No.: N/A
GC-CA-A-3
EXHIBIT A
PUBLIC PERFORMANCE BOND
Isle of Capri Water Main Replacement Phase 1
Bond No. 35BCSFD7635
Contract NO.1 0-5441
KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc.
, as Principal, and Hartford Accident and
Indemnity Company as Surety, located at
P.O. Box 2103, 690 Asylum Avenue, Hartford, CT 06115
(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 Seventy-Four Thousand Ninety-Seven Dollars
($ 1,074,097.00 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
2010, with Obligee
Isle of Capri Water Main Replacement Phase I, Bid No. 10-5441
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
day of
for
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees 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 apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 21st
day of April , 2010, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of:
~o~
~ itnesses as to Principal
PRINCIPAL
Douglas N. Higgins, Inc.
BY: J1~ 4 .~
NAME: k~{ILfIJ.W"lle-
ITS: =nL/ - ;J{f~(d--cn1
STATE OF
COUNTY OF
MId1;~
UJ1st tMN
The foregoing instrument was acknowledged before me
---1:uYI' A ,2010, by K..e . LA)
~ - e!p (,.ldLJlrt" 0 '.
---/vi I cJ1l~1 corporation, on be alf of
personally known to me OR has produced
~ as identification and did (did not) take an oath.
(s!t~(t~ ~
this ~ day of
, as
C. ,a
He/she is
My Commission Expires:
3/7/1/
(AFFIX OFFICIAL SEAL)
. NOt"V/;:XV~':';/;~1~.~ii./~_''.:f!:~,~:"t'{ MI
Name. M)' ("-,mrnir,<:,nn F'<lCir_"- H"r 7 '."~1.'
J 61.. I.'V;
(Legibly Printed)
Notary Public, State of: lJAlcflltjtlJ1
Commission No.:
GC-CA-A-5
ATTEST:
SURETY: .
Hartford Accldent and
Indemnity Company
(Printed Name)
P.O. Box 2103
690 Asylum Avenue
Hartford, CT 06115
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
/]" . /J
~(:2/~.~~ ?j~
11_ / ~
OR
!tlltU
.--
. :, I ,l('/LI\V
CO ).,'-t')'\ ).._L j (,' I v
Witnesses (
Heather M. Johnson
(Printed Name)
24 Frank Lloyd Wright Dr.
P.O. Box 541, Suite J4100
Ann Arbor, MI 48106
(Business Address)
(734) 741-0044
(Telephone Number)
STATE OF
COUNTY OF
MI ' .
W;:l~~t':~~~~(J.(n('3 jq
The foregoing instrument was acknowledged before me this 21st day of
April ,2010, by Heather M. Johnson ,as Attorney in Fact
of Hartford Accident and Indemnity company, a Surety, on
behalf of Surety. He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires: l"J I ~ ;ao/ '5 ~ ~ 0.... ~
(Signatur
Name: CJ\e..\~ ~. f>e.~\~
(Legibly Prin )
(AFFIX OFFICIAL SEAL)
Notary Public, State of: MI
Commission No.: N/A
GC-CA-A-6
POWER OF ATTORNEY
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-4
P.O. BOX 2103,690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
Agency Code: 35-350851
KNOW ALL PERSONS BY THESE PRESENTS THAT:
[K::J Hartford Fire Insurance Company, a corporation duly organized und:r the laws of the State of Connecticlt
[K::J Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State ofhdiana
[K::J Hartford Accident and Indemnity Company, a corporation duly organized und:r the laws of the State of Connecticut
c=J Hartford Underwriters Insurance Company, a corporation duly organized und:r the laws ofthe State of Connecticut
c=J Twin City Fire Insurance Company, a corporation duly organized under the laws of the State ofIndima
c=J Hartford Insurance Company of Illinois, a corporation duly organized und:r the laws of the State of Illinois
c=J Hartford Insurance Company of the Midwest, a corporation duly organized und:r the laws of the State of Indiana
c=J Hartford Insurance Company of the Southeast, a corporation duly organized ullier the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Dan Hines, Heather M. Johnson, Judy K. Macklem, Carol J. Youngs
of
Ann Arbor, MI
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by [8J, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
'o#j~ ~,,,~~ ~..
...~ ~.....~
!il~~?~);r {t{~":..~\~\ ,/ ~
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"" ';;'l',Ql1o ,..~...... ~::.~.
f~O c\. ~
--:~- /-:7
~~-
Paul A. Bergenholtz, Assistant Secretary
M. Ross Fisher, Assistant Vice President
STATE OF CONNECTICUT}
SS.
COUNTY OF HARTFORD
On this 3rd day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
Hartford
/)
Dc:m-? /::A,
Scott E. Paseka
Notary Public
My Commission Expires October 31, 2012
;;P01{v1Y~
! U
l
Gary W. Stumper, Assistant Vice President
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with Douglas N. Higgins, Inc ("Contractor") of
4485 Enterprise Avenue, Naples, Florida 34104, a Florida Corporation, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with Isle of
Capri Water main Replacement Phase 1, Bid No. 10-5441 ("Project"), as said Work is
set forth in the Plans and Specifications prepared by Q Grady Minor & Associates, the
Engineer and/or Architect of Record ("Design Professional") and other Contract
Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: One Million Seventy Four Thousand
Ninety Seven Dollars $ 1,074,097.00.
GC-CA-1
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and 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 Fifty (150)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within Thirty (30) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
GC-CA-2
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 ten and
ten cents ($1,010.10) for each calendar day thereafter until Substantial Completion is
achieved. Further, in the event Substantial Completion is reached, but the Contractor
fails to reach Final Completion within the required time period, Owner shall also be
entitled to assess and Contractor shall be liable for all actual damages incurred by
Owner as a result of Contractor failing to timely achieve Final Completion. The Project
shall be deemed to be substantially completed on the date the Project Manager (or at
his/her direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any
right which it may have to seek to characterize the above noted liquidated damages as
a penalty, which the parties agree represents a fair and reasonable estimate of the
Owner's actual damages at the time of contracting if Contractor fails to Substantially or
Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
GC-CA-3
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by a.Grady Minor & Assoc.
and identified as follows: Isle of Capri Water Main Replacement
Phase 1
as shown on Plan Sheets 1 through 33.
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:
Diana C Duri
Collier County Public Utilities
3301 Tamiami Trail East
GC-CA-4
BLDG "H", 3rd Floor
Naples, FL 34112
Tel: 239/252-4218
Fax: 239/252-3989
Email: DianaDueri@colliergov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Daniel Higgins, Vice President
Douglas N. Higgins, Inc.
4485 Enterprise Avenue,
Naples, Florida 34014
Tel: 239-774-3130
Fax: 239-774-4266
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.
GC-CA-5
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
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. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. 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
GC-CA-6
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
lV\I9-1^'ITNESSES :
(~ IJJ~
.c.f'fFi T WITN ESS
~e.( H. S-~v.e--e+
Type/Print Name
_l~~
SECOND WITNESS
. , \
W,tllltJY1 1> th~ns
Type/Print Name
Douglas N. Higgins, Inc.
By: ~~ C(~ .
~-ellll It . W tfJR Vlq-frlSi d1JtL
rrype/Pnnt Name and Title
Date:~'Zq, 2tJID OWNER:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
'. ,'1'(
~ BY: Fred~'::~irrn~
Approved/As ToF9thl
and ~g~12en y
GC-CA-8
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
minimum 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-B-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 coverage~ required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage~ and charge the Vendor for such coverage~ 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 coverage~ purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverage~ 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-B-2
InslJrance.I.Bo"<iType
1. C8J Worker's
Compensation
Collier County Florida
Insurance and Bonding Requirements
R~qlJ~r~d l.im.its
Statutory Limits of Florida Statutes, Chapter 440 and all Federal
Government Statutory Limits and Requirements
2. C8J Employer's Liability $1,OOO,OOO.00single limit per occurrence
3. C8J Commercial
General Liability
(Occurrence Form)
patterned after the
current ISO form
4. C8J Indemnification
Bodily Injury and Property Damage
$2.000.000.00 single limit per occurrence
To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless
Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited
to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful
conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the
performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This
section does not pertain to any incident arising from the sole
negligence of Collier County.
4. C8J Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. D Other insurance as D Watercraft
noted: Per Occurrence
$
D United States Longshoreman's and Harborworker's Act
coverage shall be maintained where applicable to the completion
of the work.
$
Per Occurrence
D Maritime Coverage (Jones Act) shall be maintained where
applicable to the completion of the work.
$
Per Occurrence
GC-CA-B-3
6. C8J Bid bond
7. C8J Performance and
Payment Bonds
D Aircraft Liability coverage shall be carried
than $5,000,000 each occurrence if applicab
of the Services under this Agreement.
Per Occurrence
D Pollution
Per Occurrence
D Professional Liability
Per Occurrence
. $ 500,000 each claim and in the aggr.
. $1,000,000 each claim and in the aggl
. $2,000,000 each claim and in the aggl
D Project Professional Liability
Per Occurrence
D Valuable Papers Insurance
Per Occurrence
Shall be submitted with proposal response in
funds, cashiers' check or an irrevocable lettel
bond posted with the County Clerk, or propm
equal to 5% of the cost proposal. All checks ~
payable to the Collier County Board of Count
a bank or trust company located in the State I
insured by the Federal Deposit Insurance Co
For projects in excess of $200,000, bonds sh
with the executed contract by Proposers rece
written for 100% of the Contract award amoul
the Proposer receiving an award. The Perforr
Bonds shall be underwritten by a surety authc
business in the State of Florida and otherwisE
Owner; provided, however, the surety shall bE
better as to general policy holders rating and
rating as to financial size category and the an
not exceed 5% of the reported policy holders'
reported in the most current Best Key Rating
AM. Best Company, Inc. of 75 Fulton Street,
York 10038.
GC-CA-B-4
8. C8J Vendor shall ensure that all subcontractors comply with the same insurance requirements that
he is required to meet. The same Vendor shall provide County with certificates of insurance
meeting the required insurance provisions.
9. C8J Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. C8J 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. C8J 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 (5) days of the award of this solicitation.
Name of
Firm
Date
Vendor
Signature
Print
Name
Insurance
Agency
Agent
Name
Telephone Number
GC-CA-B-5
~IID
~Ra
PRODUCER
5 C I DATE (MM/DDIYYYY)
CERTIFICATE OF LIABILITY IN URAN E ~I~Gf~5 04/21/10
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.
Hylant Group Inc - Ann Arbor
24 Frank Lloyd Wright Dr J4100
Ann Arbor MI 48105
Phone: 734-741-0044 Fax:734-74l-l850
Douglas N. Higgins, Inc.
3390 Travis P01nte, Suite A
Ann Arbor MI 48108
I
COVERAGES
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
Continental Insurance Company
NAIC#
035289
020478
020508
020443
22314
INSURERS AFFORDING COVERAGE
INSURED
Nat'l Pire Ins Co of Hartford
Valley Forge Insurance Co
Continental Casualty Company
RSUI Indemnitv Co
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSRI TYPE OF INSURANCE POLICY NUMBER J'~fJ~~~rJg~1 b~~bClMil'Jb~~~ LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
~
A X COMMERCIAL GENERAL LIABILITY U106l922047 12/10/09 12/10/10 UAMAljt: I U """ . "u $200,000
PREMISES (Ea occurence)
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 15,000
X Includes XCU PERSONAL & ADV INJURY $1,000,000
-
~ Contractual Liab GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000
I rxl PRO- n
POLICY X JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $1,000,000
B X ANY AUTO U1061922033 12/10/09 12/10/10 (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
X HIRED AUTOS BODILY INJURY
- $
X NON-OWNED AUTOS (Per accidenl)
-
PROPERTY DAMAGE $
(Per accidenl)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
=l ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $10,000,000
D !J OCCUR D CLAIMS MADE U1061922050 12/10/09 12/10/10 AGGREGATE $10,000,000
$
~ DEDUCTIBLE $
X RETENTION $10,000 $
WORKERS COMPENSATION xl TORY LIMITS r IUJ~-
AND EMPLOYERS' LIABILITY Y/N
C ANY PROPRIETOR/PARTNER/EXECUTIVD WC161922016 12/10/09 12/10/10 E.L. EACH ACCIDENT $500,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $500,000
~~~~litS~~~,xs1C;~s below E.L. DISEASE - POLICY LIMIT $1,000,000
OTHER
E Professional and PEC0025095 12/10/09 12/10/10 2,000,000
Pollution Liab 25,000 ded
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Additional Insured for General Liability - Board of County
Commissioners, Collier County. For any and all work performed on behalf of
Collier County
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO~
COLC002 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Collier County Board of County IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Commissioners Naples, FL REPRESENTATIVES.
3301 Tamiami Trail East AU~~NTVU,-
Naples FL 34412
ACORD 25 (2009/01)
@1988.2009ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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
This Certificate of Insurance 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 (2009/01)
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 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
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC-CA-C-1
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No. 10-5441
Project No.
Application Date
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
FROM:
RE:
(Project Name)
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
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: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
=
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No. : _10-5441
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 final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by:
Date:
Project Manager
Recommended by:
Date:
Design Professional
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Authorized by:
Division Administrator
Date:
(For use by Owner: Fund
Numbe~ )
Cost Center:
Object Code:
Project
GC-CA-E-1
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
Design Professional's Project No.
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 L1TI 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 Title
GC-CA-F-2
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.: 10-5441
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:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
- 14. Vendor Evaluation
15. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
GC-CA-G-1
By Design
Professional:
By Owner:
GC-CA-G-2
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
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.
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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 7:00 p.m., Monday
through Saturday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
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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-3.
4.4 Contractor shall submit four (4) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
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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:
(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
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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 same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
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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
GC-CA-H-9
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 must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
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.
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15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
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
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unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
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default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
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
GC-CA-H-16
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
GC-CA-H-17
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
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
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intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
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
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Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
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
GC-CA-H-20
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
GC-CA-H-21
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
GC-CA-H-22
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
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 (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.netlpurchasing.
GC-CA-H-24
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
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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 terms 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 .1 0
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.
GC-CA-H-28
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Consultant 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.AC.) 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.
GC-CA-H-29
Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty-eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty-eight (48) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation/closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor/project manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62-761, F.AC. 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.
GC-CA-H-30
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-J-1
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
1. The Notice to Proceed will be issued only after the following documentation has
been submitted to Owner:
a. Complete contractual documents, including payment and performance
bonds and insurance certificate;
b. Progress schedule, which shall utilize the Critical Path method of
scheduling and Microsoft Project;
c. Submittal schedule;
d. Draw (funding) Schedule, which shall consist of a monthly projection of
the value of the work to be completed and materials stored for the entire
duration of the project;
e. Safety Program/Risk Management Program;
f. Quality Assurance/Quality Control Program; and
g. Security Plan
2. The CPM Schedule and Draw Schedule shall be updated monthly and
submitted with each Contractor Application for Payment. If both items are not
submitted with Application for Payment, that payment will be withheld until
both items are received and accepted by the Owner and Engineer.
3. All engineering site plans and drawings referencing a specific geographic area
must be submitted in an AutoCad 14 or later format drawn in the Florida State
Plane East (US Feet) Coordinate System. The drawings should either
reference specific established Survey monumentation, such as Certified
Section Corners (Half or Quarter Sections are also acceptable), or be derived
from the RTK(Real-Time Kinematic) GPS Network as provided by the Collier County
Transportation Division.
4. The County may, at its discretion, use VISNMASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract.
GC-CA-J-2
EXHIBIT J
TECHNICAL SPECIFICATIONS
Please download file from www.collieraov.netlbid
GC-CA-J-3
EXHIBIT K
PERMITS
Please download file from www.collieraov.netlbid
GC-CA-K-1
EXHIBIT L
STANDARD DETAILS
Please download file from www.collieraov.netlbid
GC-CA-L-1
EXHIBIT M
PLANS AND SPECIFICATIONS
Please download file from www.collieraov.netlbid
GC-CA-M-1
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EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
MEMORANDUM
Date:
April 27, 2010
To:
Dianna Perryman, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Modification to Contract #10-5441
Isles of Capri Water Main Replacement Phase 1
Contractor: Douglas N. Higgins, Inc.
Attached please find two original contract amendments (Agenda Item
#16Cl), approved by the Board of County Commissioners on Tuesday,
April 27, 2010.
An original amendment document has been retained in the Minutes
and Records Department as part of the Board's permanent record.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachment (1)