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#10-5454 (M&J Construction of Pinellas County, Inc.)
MEMORANDUM Date: June 9, 2010 To: Rhonda Cummings, Purchasing Contract Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #10 -5454: "Goodland Bridge Scour Remediation Project" Contractor: M & J Construction of Pinellas County, Inc. Enclosed is one (1) original contract, referenced above (Agenda Item #16B2), approved by the Board of County Commissioners on Tuesday, May 11, 2010. An original contract was kept in the Minutes and Records Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -7240. Thank you. Enclosure (1) ITEM NO.. FILE NO.: ROUTED TO: Date: To: From: Re: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES May 28, 2010 County Attorney's Office Jeff Klatzkow, County Attorney Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 DATE RECEh/ED": V bl% Contract: #10 -5454 "Goodland Bridge Scour Remediation Project" Contractor: M & J Construction of Pinellas County, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on May 11, 2010, Agenda Item 16.13.2 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: 91 l O This is a standard contract with no changes. Please forward to the BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Marlene Messam, TECM www.sunbiz.org - Department of State Home Contact Us E- Filing Services Document Searches Forms Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Profit Corporation M & J CONSTRUCTION COMPANY OF PINELLAS COUNTY, . Filing Information Document Number G78973 FEI /EIN Number 592361020 Date Filed 12/27/1983 State FL Status ACTIVE Effective Date 12/22/1983 Last Event REINSTATEMENT Event Date Filed 12/31/1986 Event Effective Date NONE Principal Address 809 S. SAFFORD AVENUE TARPON SPRINGS FL 34689 US Changed 01/05/2010 Mailing Address PO BOX 0698 TARPON SPRINGS FL 34688 -0698 Changed 05/28/1997 Reaistered Aaent Name & Address KOKKINOS, NICK 716 VIRGINIA AVE TARPON SPRINGS FL 34689 US Address Changed: 02/19/1998 Officer /Director Detail Name & Address Title PSTD KOKKINOS, NICK 716 VIRGINIA AVE TARPON SPRINGS FL 34689 Title VPD BOUTZOUKAS, JAMES 1761 ROYAL OAK PL WEST DUNEDIN FL 34698 Page 1 of 2 Help Entity Name Search Submit http: / /www. sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= G78973 &in... 511312010 www.sunbiz.org - Department of State Page 2 of 2 Annual Reports Report Year Filed Date 2008 02/22/2008 2009 01/19/2009 2010 01/05/2010 Document Images 01/05/2010 -- ANNUAL REPORT View image in PDF format I 01/19/2009 -- ANNUAL REPORT View image in PDF format I 02/22/2008 -- ANNUAL REPORT View image in PDF format;.I 02/01/2007 -- ANNUAL REPORT View image in PDF format 02/22/2006 -- ANNUAL REPORT View image in PDF format I 03/10/2005 -- ANNUAL REPORT View image in PDF format 04/14/2004 -- ANNUAL REPORT View image in PDF format 04/28/2003 -- ANNUAL REPORT View image in PDF format I 04/09/2002 -- ANNUAL REPORT View image in PDF format 02/01/2001 --ANNUAL REPORT View image in PDF format 07/31/2000 -- ANNUAL REPORT View image in PDF format j 02/18/1999 -- ANNUAL REPORT View image in PDF format 02/19/1998 -- ANNUAL REPORT View image in PDF format I 05/28/1997 -- ANNUAL REPORT View image in PDF format 04/23/1996 -- ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events No Name History Submit Home I Contact us I Document Searches I E- Filing Services I Forms I Help Coovriaht and Privacv Policies Copyright © 2007 State of Florida, Department of State. http: / /www. sunbiz. org /scripts /cordet. exe? action = DETFIL &inq_doc_number= G78973 &in... 5/13/2010 N MEMORANDUM TO: Ray Carter Risk Management Department iJy� FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist 9 P Purchasing Department DATE: May 28, 2010 RE: Review of Insurance for Contract: #10 -5454 "Goodland Bridge Scour Remediation Project" Contractor: M & J Construction of Pinellas County, Inc. This contract was approved by the BCC on May 11, 2010, Agenda Item 16.13.2 Please review the Payment & Performance Bonds and Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dod /RC C: Marlene Messam, TECM DATE RECEIVED juN 01 2010 RISK MiiNAAMEKf 1/0 mausen_g From: RaymondCarter Sent: Friday, June 04, 2010 11:26 AM To: CummingsRhonda Cc: HerreraSandra; mausen_g; MessamMarlene; DeLeonDiana; BrilhartBrenda Subject: Contract 10 -5454 "Goodland Bridge Scour Remediation Project' All, I have approved the payment /performance bonds in addition to the certificate of insurance for contract 10 -5454 provided by W & J Construction of Pinellas County, 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. CHECKLIST FOR REVI'MVING CONTRACT Entity Name: �1 `115 V 1, Entity name correct on con acf?� ' �" —� ' !/ y�e o Entity registered with FL Sec. of State? _Yes No Insurance Insurance Certificate attached? /Yes No Insured registered in Florida? e No Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Provided $ a M M Exp. Date \2 Z3l 1 a Products /Compl/Op Required $ Provided $ ti , ) Exp. Date Personal & Advert Required $ Provided $ \ Exp. Date t Each Occurrence Required $ fni Provided $ r i I Exp. Date Fire/Prop Damage Required $ Provided $_ Exp. Date 77> Automobile Liability Bodily Inj & Prop Required $.�Y�► \t Provided $_ Exp Date �b Workers Compensation '' Each accident Required $ `��. � Provided $ 1 m // 't Iles kp Date 9 1 Disease Aggregate Required $ Provided $-.,- Exp Date Disease Each Empl Required $ bvyrovided $ Exp Date Umbrella Liability �T Each Occurrence Aggregate Does Umbrella sufficiently cover any Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Provided $� Provided $ t t y underinsured portion? Provided $_ Provided $ Each Occur Type: fv-t Required $ �; \l County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Exp Date --\24� I To Exp Date xi'es No Exp. Date Exp. Date Provided $ Exp Date +1 I I y, Yee No �Y es No (/ Yes NN Yes No Signature Blocks v Correct executor name in signature block? es No Correct title of executor? es No Executor authorized to sign for entity? es No Proper number of witnesses /notary? Yes No Authorization for executor to sign, if necessary: Chairman's signature block? �ye No Clerk's attestation signature block? No County Attorney's signature block? No Attachments Are all required attachments included? es No Reviewer initials: Date: $0012 V 04 -CO "el ui(rd �1 Iftlit/ Yes No —�Yes No No Signature Blocks v Correct executor name in signature block? es No Correct title of executor? es No Executor authorized to sign for entity? es No Proper number of witnesses /notary? Yes No Authorization for executor to sign, if necessary: Chairman's signature block? �ye No Clerk's attestation signature block? No County Attorney's signature block? No Attachments Are all required attachments included? es No Reviewer initials: Date: $0012 V 04 -CO "el ui(rd �1 Iftlit/ Yru i Goodland Bridge Scour Remediation Project COLLIER COUNTY BID NO. 10 -5454 COLLIER COUNTY, FLORIDA Design Professional: TBE Group,lnc. Pundwsirg [ atmm- KIM tamon irad East - Naoles, Fionla 34112 • www.cctt ergay.nek+gurcriasing 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 TBE Group, Inc. and identified as follows: Goodland Bridge Scour Remediation Project as shown on Plan Sheets 1 through 13. EXHIBIT N: Contractor's List of Key Personnel [Type text] Memorandum Email: brendabrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM Date: March 22, 2010 From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum #1 — ITB #10 -5454 - Goodland Bridge Scour Remediation Project The following clarifications are issued as Addendum #2 identifying the following change (s) for the referenced bid: Electronic Bid Schedule Items 10, 13 & 16 unit of measure is SY Delete this unit of measure ADD Unit of measure TN for tons to these three items 10,13 and 15 of the bid schedule. Bid Opening date is changed from March 24, 2010 @ 2:30PM is changed to Read March 26, 2010 @ 2:30PM If you require additional information please post a question on the eBid site or contact me (contact information above). c: Marlene Messam, Project Manager Enc: Geo Tech Report # t Memorandum Date: March 18, 2010 Email: brendabrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum #1 — ITB #10 -5454 - Goodland Bridge Scour Remediation Project The following clarifications are issued as Addendum #1 identifying the following change (s) for the referenced bid: • Geo tech report attached. • Specific attention is directed to the Special Provisions concerning Measurement and Payment. Pease note that payment for items installed on a slope is generally based on horizontal measurements. • This project site is environmentally sensitive and is also a designated "Outstanding Florida Waterway ". The awarded contractor shall take all necessary requirements (including special conditions within the permits) to ensure this area is protected for the duration of this construction project. • Exhibit J, Technical Specifications delete page 20 section on Miscellaneous Allowance. • The Special Provisions already address the slope measurement. Please see Measurement and Payment, Item b (on page 2). The note identifies all measurements are horizontally or vertically unless specifically provided otherwise. • The link to the marine mattress installation guide is provided below http:// www. tensarcorp .com /uploadedFilesfTRITON IG 6.07.pdf If you require additional information please post a question on the eBid site or contact me (contact information above). c: Marlene Messam, Project Manager Enc: Geo Tech Report March 24, 2009 Jim Bernard, P.E. TBE Group, Inc. 380 Park Place Boulevard, Suite 300 Clearwater, Florida 33759 Subject: Report of a Geotechnical Exploration Goodland Bridge to Marco Island Rock Scour Analysis Naples, Florida Williams Project No. 1308 - 048 -00 Dear Mr. Bernard: 10600 Endeavour Way Largo, Florida 33777 Office: (727) 541 -3444 Fax: (727) 541 -1510 www.williamsearthsciences.com Williams Earth Sciences, Inc. (Williams) is pleased to submit the results of the geotechnical exploration for the referenced project. Williams completed the work in general accordance with our agreement with TBE signed February 19, 2009. The scope of our field work included the performance of eight Standard Penetration Test (SPT) borings advanced to 40 feet below the water surface and collecting 6 -inch long rock core samples at eight locations as provided by TBE. Other services included delivering the core samples to OEA in Gainesville, Florida, and providing the results of the SPT borings and cores to you in a report along with FB -Pier soil parameters. The SPT borings and rock core borings were labeled to match the bent number of the bridge and the side (north or south) of the bridge. In addition, for some of the rock core locations there were several attempts made to retrieve a rock core that had 6 inches of core "intact'. A log was provided that showed each attempt. The approximate latitude and longitude for each SPT boring and rock core location is also shown on the logs. A Boring Location Plan is also attached. Williams has delivered the rock core samples to OEA along with the rock core logs. These logs, along with the SPT boring logs and FB -Pier soil parameters, are attached to this letter. Williams Earth Sciences, Inc. appreciates the opportunity to provide our services. If you have any questions please contact the undersigned at your earliest convenience. Sincerely, WILLIAMS EARTH SCIENCES, INC. L ears, tE. Seniq ngineer Attachments: Boring Location Plan FB -Pier Parameters Standard Penetration Test Boring Logs Rock Core Logs I:\Projects%ARGO \13 \1308 \1308-048 -00 Goodland Bridge to Marco Island - TBE Group \Project\Report.DOC Geotechnical Engineering Materials Testing and Inspection Foundation Studies Technical Training Fort Lauderdale, Florida • Fort Myers, Florida • Jacksonville, Florida • Largo, Florida • Orlando, Florida • Panama Cit\,, Florida � fK $ gill MOTO MI mi XI I PII �I 7 M N II cO' O N Q n V H Y 0 rn N U Q L m 07 0 m E O 0 T v c m c O. a� .Q O tG N m U O a m N m a. CD O O) C. N N :Q w N Q Y to to S3 D' II �yN V •n. c O Cp 0 fC N m ca O U O N Q u C7 n Y N 0 U m d a cu C. 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V II O N I � G d A cD N c C as o Y m � V: cc o m I U Y O ` N N � N c S a w E N` C a a am E y m w N U Y .N m w O 0 m a R U O N U 7 •O N of S 'a N O U a� a C N J t- C3LL LL 5 — 10 — 15 — 20 — 25 — 30 — 35 — 40 — TEST BORING LOG W I L L I A M S Project Goodland Bridge Boring Location Approx N 25.93281, W 81.65420 EARTH SCIENCES, INC. Ground Elevation Aparox -4 ft Groundwater Depth U Underwater Length of Casing Set 25-ft Boring No. B-8N Sheet 1 of 1 Job No. 13084)48-00 Boring Completed 2/2712009 Driller Carney Drill Rig CME Automatic = o p CLASSIFICATION STANDARD PENETRATION TEST LL Blows Per foot on 2" O.D. Sampler 2 with 140 lb. hammer falling 30' BLOWS ON SAMPLER PER 6" ccr 10 30 50 70 90 VERY SOFT dark green sandy silt with shell fragments (ML) ORNVOH =18 WOH =24" VERY LOOSE grayish green fine SAND (SP) 4/1/1/3 4/4/6/6 2/4/5/4 MEDIUM DENSE light brown fine SAND (SP) MEDIUM DENSE brown / green clayey fine SAND (SC) 7110/18 MEDIUM DENSE tan / gray fine SAND with limestone fragments (SP) 12/7/14 MEDIUM DENSE green clayey fine SAND with limestone fragments (SC) 3/3/5 Sandy weathered LIMESTONE 8/12/12 4/3/2 6/10/10 Borehole Terminated at 40 it Borehole was grouted �I w 0 10 - 15 - 20 - 25 - 30 — 35 — 40 — WILLIAMS EARTH SCIENCES, INC. TEST BORING LOG Project Goodland Bridge Boring Location Approx N 25.93277, W 81.65390 Ground Elevation Approx -8 ft Groundwater Depth z Underwater Length of Casing Set 25-ft Boring No. B-9S Sheet 1 of 1 Job No. 1306-048-00 Boring Completed 2/26/2009 Driller Carney Drill Rig CME Automatic >- w = O w =i O CLASSIFICATION � a 2 STANDARD PENETRATION TEST Blows per foot on 2" O.D. Sampler with 140 lb. hammer falling 30" BLOWS ON SAMPLER PER 6" 10 30 50 70 90 VERY SOFT dark green sandy silt with shell fragments (ML) OR/WOH =18 WOH =24" WOH =24" WOH =24" WOH =18 "/2 LOOSE dark gray fine SAND (SP) 314/35 MEDIUM DENSE brown / green clayey fine SAND (SC) Tan LIMESTONE Sandy weathered LIMESTONE 20/24/23 13/20/23 81914 4/5/8 6/4/5 Borehole Terminated at 40 ft Borehole was grouted TEST BORING LOG WILLIAMS Project Goodland Bridge Boring Location Approx N 25.93307 W 81.65234 rn EARTH SCIENCES, INC. Ground Elevation Ayo—M -16 ft Groundwater Depth a Underwater Lenath of Casina Set 30-ft x rL F- uro w 5 – 10 – 15 – 20 – 25 – 30 – 35 – 40 – Boring No. B-14N Sheet 1 of 1 Job No. 13084048-00 Boring Completed 3!2/2009 Driller Carney Drill Rig CME Automatic 0 J i CLASSIFICATION STANDARD PENETRATION TEST nJ. Blows per foot on 2" O.D. Sampler with 140 th, hammer falling 30 BLOWS SAMPLER PER B" ai 10 30 50 70 90 VERY LOOSE dark green silty fine SAND with shell fragments (SM) MEDIUM DENSE greyish green slightly silty fine SAND Dark gray LIMESTONE Sandy weathered LIMESTONE WOH =18 "/2 1/214/3 5/3/4/3 35124/25/8 12/23/17/18 10/11/19 3/3/3 3/5/4 917/7 8/15/40 18/12/10 Borehole Terminated at 40 ft Borehole was grouted t a w 0 10 15 - 20 25 - 30 - 35 - 40 - WILLIAMS EARTH SCIENCES, INC. TEST BORING LOG Project Goodland Bridal Boring Location Approx N 25.93302, W 81.65179 Ground Elevation Approx -16 ft Groundwater Depth .9 Underwater Length of Casing Set 30 -ft Boring No. B-16N Sheet 1 of 1 Job No. 1308-048.00 Boring Completed 3/3/2009 Driller Carney Drill Rig CW1E Automatic } w CLASSIFICATION -wi a STANDARD PENETRATION TEST Blows r foot on 2" O.D. Sampler P with 140 lb. hammer failing 30" BLOWS ON SAMPLER PER 6" 10 30 50 70 90 LOOSE grayish brown slightly clayey to clayey fine SAND (SC) 1/2/3/3 212/5/6 50=5" Sandy weathered LIMESTONE 10/1/5/4 5/6/12114 917/8 3/4/6 5/5/4 9/7/8 6/12/9 13/50 =6" Borehole Terminated at 39.5 ft Borehole was grouted Rodno Designation C -7N zalu 51 ROCK CORE LOGS DNISION INSTALLATION SHEET 1 OF 1 SHEET(S) 0 ART11 SCIENCO2 PROJECT Goodland Bridge SIZE & TYPE OF BIT TYPE OF DRILL RIG CME 45 TOTAL NUMBER CORE BOXES 1 BORING DESIGNATION C -7N LOCATION COORDINATES Lat 25.93281 Lon 81.65454 DATE BORING START 2/27109 COMPLETED : 2127/09' MUDLINE ELEVATION (ft) -6 DRILLING AGENCY Williams Earth Sciences CONTRACTOR FILE NO. MAX SAMPLE LENGTH (inches) 60 CORE SAMPLE DIAMETER (inches) 3 DEPTH OF BORING (ft) 20.5 NAME OF DRILLER Carney MATERIAL DESCRIPTIONS & NOTES x co C6 a aa+ s c1 REMARKS/ COMMENTS REMARKS/ -21.5 15.5 LIMESTONE 1 3rd 300 4:06 58 7 3rd 300 0:40 3rd 300 0:20 3rd 300 20:32 3rd 300 16:23 26.5 20.5 #N /A #N /A #N /A #NIA #N /A #NIA Qn n rinnin...d4 -- l nKI �i ROCK CORE IIIIIIIIIIIIIIIIIIIIIIII[RART14 SCIENCE � LOGS PROJECT Goodtand Bridge DIVISION INSTALLATION I y may., SHEET 1 OF I 1 SHEET(S) SIZE & TYPE OF BIT TYPE OF DRILL RIG CME 45 TOTAL NUMBER CORE BOXES 1 BORING DESIGNATION C -9N LOCATION COORDINATES Lat 25.93290 > Lon 81,65396 DATE BORING START 2/26/09 COMPLETED 2/26/09 MUDLINE ELEVATION (ft) -4 DRILLING AGENCY Williams Earth Sciences CONTRACTOR FILE NO. MAX SAMPLE LENGTH (inches) 60 CORE SAMPLE DIAMETER (inches) 3 DEPTH OF BORING (ft) 26 NAME OF DRILLER Carney L o MATERIAL DESCRIPTIONS & NOTES ox m�� 0 H U) a E W v C9 s a REMARKS/ COMMENTS -25.0 30.0 21.0 26.0 LIMESTONE 1 3rd 300 3:32 40 0 3rd 300 2:15 3rd 300 10:18 3rd 300 1:27 3rd 300 2:05 #N /A #N /A #N /A #N /A #N/Al #N/Al Borina Designation C -7NA ROCK CORE LOGS DIVISION INSTALLATION I SHEET 1 OF 1 1 SHEET(S) . RTFI SCI NNCE.. PROJECT Goodland Bridge SIZE & TYPE OF BIT TYPE OF DRILL RIG CME 45 TOTAL NUMBER CORE BOXES 1 BORING DESIGNATION C -7NA LOCATION COORDINATES Lat 25.93281 Lon 81.65454 DATE BORING START 2/27/09 COMPLETED 2/27/09 MUDLINE ELEVATION (ft) -6 DRILLING AGENCY Williams Earth Sciences CONTRACTOR FILE NO. MAX SAMPLE LENGTH (nches) 60 CORE SAMPLE DIAMETER (inches) 3 DEPTH OF BORING (ft) 23.5 NAME OF DRILLER Carney w o MATERIAL DESCRIPTIONS & NOTES o m 'y u2 CL (U� N E � F `�` w ca s REMARKS/ COMMENTS -24.5 18.5 LIMESTONE 1 3rd 300 7:12 80 37 3rd 300 4:55 3rd 300 3;50 3rd 300 4:09 3rd 300 1:12 -29.5 23.5 #NIA #N /A #NIA #NIA #N /A #N/Al 0—;.- rN-.: --- 4:-- n 00 ROCK CORE LOGS DIVISION INSTALLATION 7u— 1 OF I S H EET(S) PROJECT Goodland Bridge SIZE & TYPE OF BIT I TYPE OF DRILL RIG CME 45, TOTAL NUMBER CORE BOXES BORING DESIGNATION C-8S LOCATION COORDINATES Let 25.63273 Lon 81.65416 DATE BORING START 2126/09 COMPLETED 2/26/09 MUDLINE ELEVATION (ft) -9 DRILLING AGENCY Williams Earth Sciences CONTRACTOR FILE NO. MAX SAMPLE LENGTH (inches) 60 CORE SAMPLE DIAMETER Cinches) 3 DEPTH OF BORING (ft) 23 NAME OF DRILLER Carney id MATERIAL DESCRIPTIONS & NOTES x o OW Lu C9 REMARKS/ COMMENTS -27.0 --32.0 18.0 23.0 LIMESTONE 1 3rd 300 I 0:25 70 43 3rd 300 6:32 3rd 300 1:25 3rd 300 14:10 3rd 3070 2:46 - #NIA #N/A - #NIA - #N/A I #N/AI #NIAI Rndna Desianation C -13N T- R OR DIVISION l LOGS ARTti'sCILNCC: z 1PROJECT Goodland Bridge INSTALLATION SHEET 1 OF 1 SHEET(S) SIZE & TYPE BIT TYPE OF DRILL RIG CME 45 LL TOTAL NUMBER CORE BOXES 1 DATE BORING START 2/26/09 ' COMPLETED " 2126109' BORING DESIGNATION C -13N> LOCATION COORDINATES Lat 25.93297 Lon 81.65269 MUDLINE ELEVATION (ft) -19' MAX SAMPLE LENGTH (inches) 60 DRILLING AGENCY Williams Earth Sciences CONTRACTOR FILE NO. CORE SAMPLE DIAMETER (inches) 3 NAME OF DRILLER Carney DEPTH OF BORING (ft) 14 w wo MATERIAL DESCRIPTIONS & NOTES x m c9 o- w M f- s REMARKS/ COMMENTS -28.0 9.0 LIMESTONE 1 3rd 300 2:35 20 0 3rd 300 4:30 3rd 300 0:20 3rd 300 9:15 3rd 300 3:39 33.0 14.0 #N /A #N /A #N /A #N/Al #N /A #N /A 11111111111111111111111FART11 T LIN ROCK CORE SCIENCE. z LOGS DMSION LATION r L SHEET 1 OF 1 SHEET(S) PROJECT Goodland Bridge SIZE & TYPE OF BIT TYPE OF DRILL RIG CME 45 TOTAL NUMBER CORE BOXES 1 BORING DESIGNATION C -9NA " LOCATION COORDINATES Lat 25.93290 !' Lon 81.65396 DATE BORING START 2/26/09 COMPLETED 2/26/09 MUDLINE ELEVATION (ft) A DRILLING AGENCY Williams Earth Sciences, CONTRACTOR FILE N0, MAX SAMPLE LENGTH (Inches) 60 CORE SAMPLE DIAMETER (Inches) 3 DEPTH OF BORING (ft) 23.5 NAME OF DRILLER Carney w o MATERIAL DESCRIPTIONS & NOTES °m � N `ya a °� E � c REMARKS/ COMMENTS -22.5 27.5 18.5 23.5 LIMESTONE 1 3rd 300 8:15 52 37 3rd 300 1:17 3rd 300 5:53 3rd 300 6:41 3rd 300 6:42 #N /A #N /A #N /A #N /A #NIA #N /A Rnrinn Desianation C -12S 0 0 TH SCIENCE,. LOGS PROJEC P Goodland Bridge DIVISION INSTALLATION SHEET 1 OF Er(S) SIZE & TYPE OF BIT TYPE OF DRILL RIG CME 45 TOTAL NUMBER CORE BOXES 1 DATE BORING START 2126/09 COMPLETED ' 2/26/09 '> BORING DESIGNATION C -12S LOCATION COORDINATES Lat 25.93291 Lon 81.65294 MUDLINE ELEVATION (ft) -5 DRILLING AGENCY Williams Earth Sciences CONTRACTOR FILE NO. MAX SAMPLE LENGTH (inches) 60 CORE SAMPLE DIAMETER (inches) 3 NAME OF DRILLER Gamey DEPTH OF BORING (ft) 22 id MATERIAL DESCRIPTIONS & NOTES o Co CD u� a E w � 3 REMARKS/ COMMENTS -22.0 17.0 LIMESTONE 1 3rd 300 2:45 67 35 3rd 300 13:49 3rd 300 4:02 3rd 300 0:29 3rd 300 0:21 27.0 22.0 #N /A #N /A #N /A #N /A #N /A #NIA T Z ' ROCK CORE ARTH S('IENt'E.: LOGS DIVISION INSTALLATION SHEET 1 OF 1 SHEET(S) PROJECT Goodland Bridge SIZE & TYPE OF BIT TYPE OF DRILL RIG CME 45 TOTAL NUMBER CORE BOXES 1 BORING DESIGNATION C -15N LOCATION COORDINATES Lat.25.93306 Lon 81.65224 ! DATE BORING START 3/6/09 COMPLETED 3/6109 MUDLINE ELEVATION (ft) -19 DRILLING AGENCY Williams Earth Sciences CONTRACTOR FILE NO. MAX SAMPLE LENGTH (Inches) 60 CORE SAMPLE DIAMETER (inches) 3 DEPTH OF BORING (ft) 14.5 NAME OF DRILLER Carney L Lu MATERIAL DESCRIPTIONS & NOTES m CD .y s a N = E w ( H REMARKS/ COMMENTS -28.5 33.5 9.5 14.5 LIMESTONE 1 3rd 300 1:28 13 0 3rd 300 6:30 3rd 300 0:20 3rd 300 0:32 3rd 300 8:05 #N /A #N /A #NIA #N /A #N /A #N/Al PROJECT Goodland Bridge BORING DESIGNATION LOCATION COORDINATES C -13NA Let 25.93297 ' Lon 81.65269 DRILLING AGENCY CONTRACTOR FILE NO. Williams Earth Sciences DEPTH OF BORING (ft) 10 MATERIAL DESCRIPTIONS & X E S Lu NOTES °m 0 , co u 1 5.0 3rd 300 3:57 LIMESTONE 3rd 300 4:28 10.0 #N /A #N /A 1 13rd 13001 13:46 11001 87 3rd 300 +1.2 3rd 300 tsonng uesgnauon t,- i orvH ON INSTALLATION SHEET 1 OF 1 SHEET(S) SIZE & TYPE OF BIT TYPE OF DRILL RIG CME 45 TOTAL NUMBER CORE BOXES 1 DATE BORING START 2126/09 COMPLETED 2/26109 MUDLINE ELEVATION (ft) -19' MAX SAMPLE LENGTH (inches) 60 CORE SAMPLE DIAMETER (inches) 3 NAME OF DRILLER Carney REMARKS/ COMMENTS IIIIIIIIIIIIIIIIIIII111PART-11 SCIF ROCK CORE ,NCEN��5 LOGS DIVISION ~~^ INSTALLATION SHEET1 OF I SHEET(S) PROJECT Goodland Bridge SIZE & TYPE OF BIT TYPE OF DRILL RIG CME45 TOTAL NUMBER CORE BOXES .BORING DESIGNATION C-14S LOCATION COORDINATES Lat 25.63293 Lon 81.65229 DATE BORING START 2128/09 COMPLETED 2128109 MUDLINE ELEVATION (ft) -21 DRILLINGAGENCY Williams Earth Sciences CONTRACTOR FILE NO. MAX SAMPLE LENGTH (inches) 60 CORE SAMPLE DIAMETER (inches) 3 DEPTH OF BORING (ft) 16. NAME OF DRILLER Carney Lu 9MATERIAL DESCRIPTIONS & x- a REMARKS/ COMMENTS LIMESTONE I M 300 I 2:26 47 27 3rd 300 1:48 3rd 300 5:58 3rd 300 0:26 3rd 300 0:18 6orina Designation C -16SA / F i Q A,RTII SCIENCE. LOGS PROJECT Goodland Bridge DIVISION INSTALLATION SHEET 1 OF 1 SHEETS) SIZE & TYPE OF BIT TYPE OF DRILL RIG CME 45 TOTAL NUMBER CORE BOXES 1 BORING DESIGNATION C -16SA LOCATION COORDINATES Lat 25.93300 ' Lon 81.65178 ' DATE BORING START 3/4/09 COMPLETED 314/09 MUDLINE ELEVATION (ft) -6 DRILLING AGENCY Williams Earth Sciences CONTRACTOR FILE NO. MAX SAMPLE LENGTH (inches) 60 CORE SAMPLE DIAMETER (inches) 3 DEPTH OF BORING (ft) 30 NAME OF DRILLER Cam MATERIAL DESCRIPTIONS & NOTES x °m s 0 w Ce g REMARKS/ COMMENTS 31.0 25.0 LIMESTONE 1 3rd 300 3:01 5 0 3rd 300 3:10 3rd 300 0:23 3rd 300 0:10 3rd 300 0:29 -36.0 30.0 -TT #N /A #NIA #NIA #NIA #N /A #NIA q h ; ROCK CORE �RTi I S(NENCr LOGS DIVISION INSTALLATION SHEET 1 OF 1 SHEET(S) PROJECT Goodland Bridge SIZE & TYPE OF BIT TYPE OF DRILL RIG CME 45 TOTAL NUMBER CORE BOXES 1 BORING DESIGNATION C -15NA LOCATION COORDINATES Lat 25.93306 Lon 81.65224 DATE BORING START 316109 COMPLETED 316109 MUDLINE ELEVATION (ft) -17 DRILLING AGENCY Williams Earth Sciences CONTRACTOR FILE NO. MAX SAMPLE LENGTH (inches) 60'< CARE SAMPLE DIAMETER (inches) 3 DEPTH OF BORING (ft) 8 NAME OF DRILLER Carney, uj MATERIAL DESCRIPTIONS & NOTES m w a 51 g w � REMARKS/ COMMENTS -20.0 25.0 3.0 8.0 LIMESTONE 1 3rd 300 3:08 80 48 3rd 300 1:39 3rd 300 11:54 3rd 300 5:08 3rd 300 3:56 #N /A #N /A #N /A #N /A #N /A #N /A Rorino Desianation C -16S &ELI f ARTI -I IS = ROCK CORE NCE LOGS V JINSTALLATION SHEET 1 OF 1 SHEETS) PROJECT Goodland Bridge SIZE & TYPE OF BIT TYPE OF DRILL RIG CME 45 TOTAL NUMBER CORE BOXES 1 BORING DESIGNATION C -16S LOCATION COORDINATES Lat 25.93300 , Lon 81.65178 DATE BORING START 314/09 COMPLETED 3/4/09 MUDLINE ELEVATION (ft) -16 DRILLING AGENCY Williams Earth Sciences CONTRACTOR FILE NO. MAX SAMPLE LENGTH (inches) 60 CORE SAMPLE DIAMETER (inches) 3 DEPTH OF BORING (ft) 21 NAME OF DRILLER Carney cd uJ MATERIAL DESCRIPTIONS & NOTES o m co a E w w g c3 REMARKS/ COMMENTS -32.0 16.0 LIMESTONE 1 3rd 300 1:14 20 0 3rd 300 2:13 3rd 300 2:43 3rd 300 0:18 3rd 300 0:17 #### Z #N /A #N /A #N /A #N/A, #N /A #N/A, #N /A rsonng uesignabon C -16SB ON INSTALLATION SHEET 1 OF 1 SHEET(S) SIZE & TYPE OF BIT TYPE OF DRILL RIG CME 45 TOTAL NUMBER CORE BOXES 1 DATE BORING START 3/5/09 COMPLETED 3/5/09 MUDLINE ELEVATION (ft) -7 MAX SAMPLE LENGTH (Inches) 60, CORE SAMPLE DIAMETER (inches) 3 NAME OF DRILLER Carney REMARKS/ COMMENTS ARTII SCIENCE � LOGS PROJECT Goodland Bridge BORING DESIGNATION LOCATION COORDINATES C -16SB < Lat 25.93300 Lon 81.65178 DRILLING AGENCY CONTRACTOR FILE NO. Williams Earth Sciences DEPTH OF BORING (ft) 34> Ed MATERIAL DESCRIPTIONS & X m s a w � f- s -31.0 24.0 3rd 300 0:59 LIMESTONE 3rd 300 0:12 1 17 0 3rd 300 0:51 3rd 300 0:31 3rd 300 0:37 -36.0 29.0 3rd 300 3:03 LIMESTONE 3rd 300 5:25 1 31d 300 0:15 20 15 3rd 300 0:16 3rd 300 4:33 -41.0 34.0 #N /A rsonng uesignabon C -16SB ON INSTALLATION SHEET 1 OF 1 SHEET(S) SIZE & TYPE OF BIT TYPE OF DRILL RIG CME 45 TOTAL NUMBER CORE BOXES 1 DATE BORING START 3/5/09 COMPLETED 3/5/09 MUDLINE ELEVATION (ft) -7 MAX SAMPLE LENGTH (Inches) 60, CORE SAMPLE DIAMETER (inches) 3 NAME OF DRILLER Carney REMARKS/ COMMENTS Borina Designation C-16SC i J SCIENCE 11, LOGS DIVISION INSTALLATION SHEET 1 OF 1 SHEET(S) NlEARTF1 PROJECT Goodland Bridge SIZE & TYPE OF BIT TYPE OF DRLL RIG CME 45 TOTAL NUMBER CORE BOXES 1 BORING DESIGNATION C -16SC LOCATION COORDINATES Lat 25.93300 Lon 81.65178 DATE BORING START 314/09 COMPLETED 3/4/09 MUDLINE ELEVATION (ft) -7.5 DRILLING AGENCY Williams Earth Sciences CONTRACTOR FILE NO. MAX SAMPLE LENGTH (inches) 60 CORE SAMPLE DIAMETER Cinches) 3'' DEPTH OF BORING (ft) 15.5 NAME OF DRILLER Carney w o MATERIAL DESCRIPTIONS & NOTES o m c� 'y u� CL t� N E v w r-- REMARKS/ COMMENTS -18.0 10.5 LIMESTONE 1 3rd 300 3:03 28 18 3rd 300 2:03 3rd 300 0:32 3rd 300 0:05 3rd 300 0:02 -23.0 15.5 #N /A #N /A #N /A #NIA #N /A #NIA mom PUBLIC NOTICE INVITATION TO BID Goodland Bridge Scour Remediation Project COUNTY BID NO. 10 -5454 Separate sealed bids for the construction of Goodland Bridge Scour Remediation Project, 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 24th 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 10th day of March 2010, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Goodland Bridge Scour Remediation Project, Bid No. 10 -5454 and Bid Date of March 24, 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 13, and GC -CA -C3 and 4) 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.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. GC -PN -1 The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and ten (110) 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 24th day of February 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director GC -PN -2 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -15 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 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC -IB -2 Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. GC -IB -3 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. 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 GC -I B -4 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 Pricing: 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 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 GC -I B -5 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 (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest 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 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 GC -I B -6 607.1501 (www.sunbiz.org /search.htmi). 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, 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 GC -1 B -7 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: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -I B -8 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Goodland Bridge Scour Remediation Project BID NO. 10 -5454 Main Business A Place of Busines Telephone No. _ State Contractor's License # 16, =V 5 State of Florida Certificate of Authority Document Number Federal Tax Identification Number, To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC -P -1 Proj. Mgr.: Marlene Messam ITB 10 -5454 Goodland Bridge Scour Remediation Project Notice: 1207 Bids Received: 3 Non - Responsive: 2 ITEM I DESCRIPTION I UNIT I QTY I UNIT PRICE I TOTAL BASE BID: PIERS 6 THROUGH 9 AND 12 THROUGH 13 1 Mobilization LS 1 $ 108,500.00 $ 108,500.00 2 Turbidity Barrier (Floating) LF 5700 $ 10.20 $ 58,140.00 3 Turbidity Barrier (Staked) LF 110 $ 4.201.$ 462.00 4 Staked Silt Fence LF 88 $ 1.20 $ 105.60 5 Rubble Riprap (Bank and Shore Protection) TN 716 $ " 117.60 $ 84,201.60 6 Rubble Riprap (Stone Fill) TN 164 $ 97.20 $ 15,940.80 7 Bedding Stone TN 248 $ 91.20 $ 22,617.60 *8A Articulating Block (CC35 POLYESTER CABLE) SY 3450 $ 149.50 $ 515,775.00 *86 Articulating Block (CC35 STAINLESS STEEL CABLE) SY 3450 $ 153.90 $ 530,955.00 *8C Articulating Block (CC45 POLYESTER CABLE) SY 3450 $ 162.75 $ 561,487.50 *8D Articulating Block (CC45 STAINLESS STEEL CABLE) SY I 3450 $ 167.16 $ 576,702.00 *CONTRACT BASE BID TOTAL (PIERS 6 THROUGH 9 AND 12 THROUGH 13) WITH 8A $ 805,742.60 *CONTRACT BASE BID TOTAL (PIERS 6 THROUGH 9 AND 12 THROUGH 13) WITH 813 $ 820,992.60 *CONTRACT BASE BID TOTAL (PIERS 6 THROUGH 9 AND 12 THROUGH 13) WITH 8C $ 851,455.10 *CONTRACT BASE BID TOTAL (PIERS 6 THROUGH 9 AND 12 THROUGH 13) WITH 8D $ 866,669.60 STATE OF FLORIDA td1F1AME DERRSO MY C06NAIS" # DD 938379 COUNTY OF PINELLAS ` EXPIRES: November 7, 2016 eaaod Thiu Notwy Public UWwwrkm The foregoing instrument was acknowledged before me this 27th day of May, 2010 by, James Boutzoukas of M &J Construction Co of Pinellas Co Inc a FL corporation, on behalf oJ-1he corporation. He is personally known to me Notary Signature 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 outline id specifications. Company: Signature: /(1( 1a G Date: Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 2. 3. /n Ile 61ab /e 4,0126,%4es ff - 1 l Z9e irzs �G�/X1-/rla e 5 l��coi��a% vY1S Please insert additional pages as necessary. Company: / Signature: —4 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. Major Category of Work 1. 2. 3. 4. 5. Subcontractor and Address 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. Project and Location 1. Reference 2. 3. ea 5. A Dated W GC -P -5 Bidder JOB DESCRIPTION OWNER INFORMATION CONTRACT INFO. 125 Ochlockonee River Bridge Florida Dept. of Trans. Contract Amount: Bridge Repair/ Rehab PO Box 607 $407,135.00 Fin Proj# 407308- 1 -52 -01 Chipley, FL 32428 Awarded 10/01/03 Coutny: Leon G. Corbin Complete 08/01/04 (850) 638 -0250 127 McArthur Causeway Florida Dept. of Trans. Contract Amount: Bridge Repair / Rehab 1000 NW 11th Ave $2,280,826.16 Fin Proj# 41067825201 Miami, FL 33172 -5800 Awarded 01/01/04 Contract# T6037 Anthony Sabbag Complete 03/01/06 County: Miami Dade (305) 256 -6380 128 St. Mary's River Bridge Florida Dept. of Trans. Contract Amount: Bridge Repair / Rehab & Painting 1109 Marion Ave $4,691,547.96 Fin Proj# 21067635201 Lake City, FL 32025 -5874 Awarded 03/01/04 Contract# E2G55 Nassau County (386) 758 -3703- Complete 05101/06 129 Bridge Span Lock Replacement Contract# 1094 County: Volusia 130 G -337A Structure Modifications Contract# CNO- 040455 Palm Beach County 131 Moss Bluff Lock Rehab Grouting & Concrete Repairs Contract# SH617AA County: Oklawaka 132 Historical Bridge Painting & Rehab of Historical Bridge Volusia County 123 W Indiana Ave Deland, FL 32720 -4606 (386) 736 -5966 Contract Amount:. $647,758.40 Awarded 03101/04 Complete 04/01/05 South FL Water Mgmt District Contract Amount: 3301 Gun Club Road $125,387.56 West Plam Beach, FL 33416 -468 Awarded 03/01/04 Cathy Richards Complete 07/01/04 (561) 682 -2813 St. John's River Water Mgmt Dist PO Box 1429 Palatka, FL 32188 -1429 Jessica Babbel (386) 329 -4354 City of Greenville PO Box 7207 Greenville, NC 27835 -7207 David Brown (252) 329 -4525 Contract Amount: $642,577.87 Awarded 05/01/04 Complete 07/01/04 Contract Amount: $1,091,434.79 Awarded 04/01/04 Complete 10/01/05 133 1/4 & 1 -275 SubContract Granite Construction Contract Amount: Lead Paint Removal PO Box 290757 $11,600.00 Downtown Interchange Tampa, FL 33687 Awarded 04/01/04 (813) 623 -5877 Complete 06/01/04 134 Florida Dept. of Trans. Contract Amount: Sunshine Skyway 2004 Florida Dept. of Trans. Contract Amount: Post Tension 112201 N McKinley Dr Awarded $941,642.48 Contract# E71374 Tampa, FL 33612 -6456 Awarded 07/01/04 Fin Proj# 40575635201 Jose Garcia Complete 08/01/05 County: Hillsborough / Pinellas (813) 744 -6050 135 79th St Bridge Florida Dept. of Trans. Contract Amount: Various repairs to Bridge & Painting 605 Suwannee St $6,177,075.17 Contract# T6048 Tallahassee, FL 32339 -0450 Awarded 07/01/04 Fin Proj# 24986925201 / 41506015201 Juanita Moore Complete 01/01/07 County: Miami Dade (850) 414 -4000 136 (256) 845 -4106 fax Dames Point Parsons Brinkerhoff Quade Contract Amount: Phase 1 PT Investigation ' & Douglas, Inc `• . $157,322.88' Sub Contract 5405 W Cypress St Ste 300 Awarded 06/01/04 Tampa, FL 33607 Complete 11/01/04 Teddy Theryo (813) 289 -5300 137 Skyway Bridge Monitoring Parsons Brinkerhoff Quade Contract Amount: Sub Contract & Douglas, Inc $11,044.10 5405 W Cpyress St Ste 300 Awarded 11/01/04 Tampa, FL 33607 Complete 11/30/04 Teddy Theryo (813) 289 -5300 138 Palmetto St Overpass Florida Dept. of Trans. Contract Amount: Repair Damaged Steel Girder 1109 S Marion Ave $79,093.00 Contract# E2111 Lake City, FL 32056 -5874 Awarded 12/01/04 Fin Proj# 20957025201 Patsy Elkins Complete 01/01/05 County: Duval (386) 758 -3703 JOB DESCRIPTION OWNER INFORMATION CONTRACT INFO. 139 Indian River Bridge NASA Contract Amount: Indian River Bridge Repair Mail Code OP-ES _B $1,114,811.73 Kennedy Space Center Kennedy Space Center, FL 3289! Awarded 01/01/05 Contract# NNK050EA98C Complete 11/01/05 PCN # 97749 Sunshine Skyway 2005 Florida Dept. of Trans. Contract Amount: Post Tension Phase II 11201 N McKinley Dr. $1,758,378.79 Fin Proj# 40575645201 Tampa, FL 33612 -6456 Awarded 05/01/05 County: Hillsborough / Pinellas Jose Garcia Complete 01/01/06 (813) 744 -6050 141 Steadfast Bridges Steadfast Bridges Contract Amount: Paint Pedestrian Bridge 4021 Gault Ave S $225,200.00 Sub Contract Fort Payne, AL 35967 Awarded 05/01/05 Robert Carlson Complete 05/01/05 (256) 845 -0154 (256) 845 -4106 fax 142 Sea Breeze Bridge Florida Dept. of Trans. Contract Amount: Refurbish River Bridge 605 Suwanee St $1,530,358.46 Contract# T5101 Tallahassee, FL 32399 -0450 Awarded 06/01/05 County: Volusia Juanita Moore Complete 06/01/06 (904) 943 -5351 143 Broward C. Post Tension Florida Dept. of Trans. Contract Amount: Post Tension, Grout & Epoxy 3400 W Commerical Blvd $2,612,824.64 Fin Proj# 41183615201 Ft. Lauderdale, FL 33309 Awarded 09/01/05 Contract# E41-171 Esther Brandt Complete 04/01/06 County: Broward (954) 777 -4620 144 Krause Force Main City of Tampa FL Contract Amount: Protective Coating Wastewater Division $124,980.00 Contract# 5 -C -68 306 Jackson St Awarded 09/01105 PO# POSS05100390 Kevin Frye Complete 02/01/06 01/01/06 (813) 274 -8833 Robert Hernandez 145 Scour Protection Florida Dept. of Trans. Contract Amount: Scour Protection 801 N Broadway $585,699.17 Fin Proj# 19808545201 Bartow, FL 33830 Awarded 01/01/06 Contract# E1F15 Robert Hernandez Complete 08/01/06 County: Hardee Manatee Polk (863) 519 -2279 CONTRACT INFO. 146 Beam Repair VMS Contract Amount: Beam Repair 2688 West 79th St $19,374.00 Expw & Homestead Turnpike Hialeah, FL 33016 Awarded 12/01/05 Fin Proj# 19287417211 Hans Alce Complete 01/01/06 (305) 698 -7500 Howard Frankland /SR 60 Florida Dept. of Trans. Contract Amount: Cathodic Protection & Metalize 11201 N McKinley Dr $2,285,194.56 Fin Proj# 41685715201 Tampa, FL 33612 Awarded 04/01/06 Contract# E7C96 John Ellis Complete 01/01/07 County: Pinellas /Hillsborough (813) 975 -6467 948 Long Center Swimming Pool Interior City of Clearwater Contract Amount: Structural Repair /Paint of Interior Pool Area Parks & Rec. Dept. $469,980.00 PO# ST102182 Pinellas County 100 Myrtle Ave Awarded 04/01/06 Ted Strand (727) 562 - 4890x2807 Clearwater, FL 33758 Complete 06/01/06 JOB DESCRIPTION OWNER INFORMATION CONTRACT INFO. 149 FDOT - Turnpike Repairs Florida Dept. of Trans. Contract Amount: Routine Bridge & Concrete Repair on Sawgrass Turkey Lake Service Plaza $326,187.42 Expw & Homestead Turnpike Milepost 263 Bldg 5315 Awarded 06/01/06 Fin Proj# 19287417211 Ocoee, FL 34761 Complete 09/01/07 Contract# E81-113 Samuel Norris County: Miami Dade, Broward, Palm Bch (954) 975 -4855 City of Belle Isle / Nela Ave City of Belle Isle Contract Amount: Bridge Repairs & Painting 1600 Nela Ave $1,619,135.30 City of Bele Isle, FL 32809 Awarded 07/01/06 Larry Williams (407)671 -6777 Complete 10/01/07 Robert Fraser (407) 670 -3081 Julia Tuttle Cswy Florida Dept. of Trans. Awarded Complete Contract Amount: Bridge Rehab & Cathodic Protection 605 Suwanee St $3,626,572.41 Fin Proj# 41309025201 / 4130901520' Tallahassee, FL 32399 Awarded 06/01/06 Contract# T6093 Ivan Hay Complete 08/01/08 County: Miami Dade 305 - 650 -0004 Awarded 02/01/07 152 Georgina Acierto -Kent Complete 04/01/07 Inglis Lock Emergency Repair Florida DEP Contract Amount Painting & Repairs 3900 Commonwealth Blvd. $81,900.00 Contract No. D0331236 Tallahassee, FL 32399 Awarded 09/01/06 Bridge rehab prime & paint Jim Wolf Complete 10/01/06 Contract No. 75002 850- 254 -2052 Awarded 03/01/07 153 Brion Rhodes Complete 10/01/07 Crescent Water Tank City of St. Petersburg Contract Amount Structure Painting One 4th Street $72,340.00 St. Petersburg, FL 33701 Awarded 10/01/06 Louis Monroe Complete 12/01/06 (727) 893 -7027 Gail Ockunzzi (813) 920 -4824 154 Tarpon Dock Bridge City of Panama City Contract Amount Bridge Improvements & Painting Harrison Ave. $539,864.00 Panama City, FL 34402 Awarded 10/01/06 Ty Ferris Complete 01/01/07 (850) 872 -3017 SR 265 (Magnolia Drive) Remove Paint & Repaint Bridge Fin Proj# 41557815201 Contract No. E3E23 County: Leon Florida Dept. of Trans. 17 Commerce Blvd. Midway, FL 32343 Roger T. Mumford (850) 922 -1934 Awarded Complete Contract Amount $70,940.00 02/01/07 04101/07 156 SR 292 Over Intracoastal Waterway Florida Dept. of Trans. Contract Amount Cleaning & Painting Bridge 6025 Old Bagdad Highway $480,902.00 Fin Proj# 41557515201 Milton, FL 32583 Awarded 02/01/07 Contract No. E3E83 Georgina Acierto -Kent Complete 04/01/07 County: Escambia (850) 981 -3000 157 Metcalf St. Bridge Allen County OH Contract Amount Bridge rehab prime & paint 1501 N Sugar St. $2,559,694.78 Contract No. 75002 Lima, OH 45801 Awarded 03/01/07 County: Allen Brion Rhodes Complete 10/01/07 (419) 228 -3196 JOB DESCRIPTION OWNER INFORMATION CONTRACT INFO. 158 Bahia Honda Florida Dept. of Trans. Contract Amount Monroe County Fin Proj # 250589- 3 -52 -01 Contract # T6123 159 Marion County Rehab bridge SR500 (US441) over NW 8th Ave & SCLRR Fin Proj # 42131815201 Contract # T5199 160 Volusia County Rehab / paint bridge SR44 over Indian River Fri'Proj # 41777715201= Contract # T5203 161 Blue Ridge Parkway Clean & paint bridge Contract # DTFH71 -07 -C -00038 PRA- 13LRI2A14 1275 & 54th Ave N Repairs Emergency repairs Contract # 150096 Financial Proj # 412595 -1 -7.' Ringling Causeway Fin Proj # 197942- 2 -52 -01 Contract # E1 G63 Scour Countermeasures Collier /Sarasota County Financial Proj # 198085 -3 -5.' Contract # E1 G49 Broward County Repair /rehab bridge 1595/175 connector ramp Financial Proj # 411846 -2 -5.' Contract # E4J86 1000 NW 111th Ave $9,552,463.50 Miami, FL 33172 Awarded 05/01/07 Rolando Rodriguez Complete (305) 743 -2574 Florida Dept. of Trans. Contract Amount 605 Suwannee St. $1,207,837.86 Tallahassee, FL 32399 Awarded 07/01/07 Hubert Severance Complete 01/01/08 (386) 566 -2139 Florida Dept. of Trans. Contract Amount 605 Suwannee St. $1,268,092.00 Tallahassee, FL 32399 Awarded 08/01/07 Tim Grimm Complete 02/01/08' (386) 663 -5368 USDOT E Federal HWY Admin Contract Amount 112 Industrial Park Dr $486,761.56 Sevierville, TN 37862 Awarded 09/01/07 Emit Melton Complete 06/05108 ICA (Infrastructure Corp of America) Contract Amount 1719 Apex Road Unit B $132,943.98 Sarasota, FL 34240 Awarded 03/01/08 David Novakoski Complete 04/01/08 Florida Dept of Transportation 801 North Broadway Ave Bartow, FL 33830 Jose Garcia (813) 740 -4554 Florida Dept of Transportation 801 North Broadway Ave Bartow, FL 33830 James Young (863) 519 -2590 Florida Dept of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 (954) 486 -1400 Contract Amount $619,506.95 Awarded 03/01/08 Complete 10/08 Contract Amount $292,058.98 Awarded 03/01/08 Complete 01/09 Contract Amount $3,154,139.61 Awarded 04/01/08 Complete 12/01/09 American Bridge American Bridge Company Contract Amount Clearwater Beach W.Spur Connector 5430 West Tyson Avenue $18,220.16 City Proj. No.: 99- 0081 -EN Tampa, FL 33611 Awarded 05/01/08 Subcontract# 475710 -015 (813) 254.4127 Complete 08/01/08 167 Clearwater Pedestrian Bridge Refurbishment & Painting Proj# 07- 0024 -EN JOB DESCRIPTION Orange County Kirkman Rd over 14 Bridge Painting Financial Project # 41152615201 Contract # E51-84 City of Clearwater Municipal Services Bldg 100 South Myrtle Ave, St#220 Clearwater, FL 33756 (727) 562.4750 OWNER INFORMATION Florida Dept of Transportation 719 Woodland Blvd DeLand, FL 32720 Kara Adams (407) 482 -7818 Contract Amount $149,820.00 Awarded 06/01/08 Complete 07/08/08 CONTRACT INFO. Contract Amount $149,990.00 Awarded 06/08 Complete 10/08 169 Palm Beach County Artificial Reef & Breakwater Project Artificial Reef & Breakwater Project Palm Beach County Project # 2008ERM04 Enviromental Resources Management Contract Amount 2300 N. Jog Rd, 4th Floor $4,470,960.86 West Palm Beach, FL 33411 Awarded 09/01/08 Julie Aden Complete (561) 233.2427 Volusia County New Smyrna North Bridge Project # 422903- 1 -52 -01 Florida Dept of Transportation 915 South Clyde Morris Blvd Daytona Beach, FL 32114 Tim Grimm (386) 943 -5769 Contract Amount $736,788.10 Awarded 10/27/08 Complete 11101/09 171 Mass Highway Mass Highway Office of Construc Contract Amount Worthington Rd Bridge (MA) Ten Park Plaza $1,856,732.83 Contract # 56608 Boston MA 02116 Awarded 11/04/08 PM - Hemendra Bhatt, P.E. Complete (617) 973 -7572 172 Skyway Bridge Lightning Protection Project # 419150- 1 -52 -01 Florida Dept of Transportation 11201 N McKinley Dr Tampa, FL 33612 John Ellis (813) 975 -6467 173 US1 ATMS Exp Joints SW 17th Ave - Sw 112th A Atlas Traffic Management Expansion Joints 2801 SW 46th St Contract # DTFH71 -07 -C -00038 Davie, FL 33314 (954) 587 -1700 Contract Amount $505,748.72 Awarded 01/09/09 Complete 7/1/09 Contract Amount $4,600.00 Awarded 01/09 Complete 01/09 Br# 860512 DBI Contract Amount Emergency Repairs 100 N. Conahan Dr. $26,570.00 Hazelton, PA 18201 Awarded 02/09 Complete 02/09 1 2 3 4 5 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost (Description) LF SY TOTAL $ Failure to complete the above may result in the Bid being declared non - responsive. Dated 2? �6- /o ma GC -P -6 Bid ef 7e�r C43U� Affidavit for Claiming Status as a Local Business �` 9 Adminisbz" Sermoes Dlivvision Purchasing Bid # 10 -5454: Goodland Bridge Scour Remediation Project (CHECK APPROPRIATE BOXES BELOW) State of Florida (Select County if Vendor is described as a Local Busi ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing P�¢Slicy of the Collier County Board of County Commissioners and the Regulations Thereto. 7 As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occ pational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier Count id or proposal submission that authorizes the business to provide the commodities or services to be purc sed, and a physical business address located within the limits of Collier or Lee Counties from which the vendor perates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of es blishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local bu 'Hess" unless it contributes to the economic development and well -being of either Collier or Lee County in a veri able and measurable way. This may include, but not be limited to, the retention and expansion of employme opportunities, the support and increase to either Collier or an Lee County's tax base, and residency of employee d principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance wi the foregoing at the time of submitting their d or proposal to be eligible for consideration as a "local business" under this section,. Vendor must complete the following informatio : Year Business Established in []Collier Cou ty or ❑ Lee County: I Number of Employees (Including Owner( or Corporate Officers): Number of Employees Living in ❑ /brequired r County or ❑ Lee (Including Owner() or dorporate Officers): If requested by the County, vendor w to provide documentation substantiating the information given in this affidavit. Failure to do so will resudor's submission being deemed not applicable. Vendor Name: Date: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed, efore Me, a Notary Public, for the above State and County, on this Day of ,20 N any Public My Commission Exp' es: (AFFIX OFFICIAL SEAL) GC -P -7 Collier co>y:1'-rty Immigration Affidavit Certification Admin tstr� Serves Dvson Purchasing Bid # 10 -5454 Title: Goodland Bridge Scour Remediation Project This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for 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 - l� 4�otj Print Name Signature STATE OF COUNTY OF/ V(- FJ tj 46� _ry 06 The f regoing instrument was signed and acknowledged before me this ��day of , 207 by who has produced Type Name) as identification. (Typ n and Number) Notary Public Slig nature Printed Name of Notary Public Notary Commission Number /Expiration IiELANIE DEFit190 +r MY COMMISSION / DD 938379 o' EXPIRES: November 7, 2013 Bonded TMu Notary PubNc undan+r4m The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time, to request supporting documentation as evidence of the vendor's compliance with this sworn affidavit. GC -P -8 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within ninety (90) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within twenty (20) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of o County of s- ' /i// /,/ ,�K,</ aVJ , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. l L'�o'P�t.DS also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of -Yr-�16 , which operates under the legal name of 222,e: /2S-/7-lVC Jl? Co All-' , and the full names of its officers are as follows: GC -P -9 President /V/ /'� !�(//r�,C� nos r SecretaryV / /�'n�s Treasurer Vi�YeS• as The ��/��/ authorized contracts for the company by action of its a certified copy of which i last sentence if not applicable). (b) Co- Partnership to sign construction bids and Board of Directors taken s hereto attached (strike out this 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 operating under a trade name, said trade name is DATED Witness Witness GC -P -10 legal entity BY: Name of Bi e ( ed) Signature Title and if STATE OF COUNTY OF{i���� The foregoing ins rument was acknowledged before me this by /Il / /l �fAl Z-/ /y%%5 - , -1 as corporation. He /she is L 4 A (did not) take an oath. My Commission Expires: 11 :7 .1 (AFFIX OFFICIAL SEAL) „,•" MEL ME DERRISO MY COMMISSION # DD 938379 EXPIRES: November 7, 2013 BMW Thu Nolary Pubk UWWRiWS t -0dd?y of , 2010, `��S /lam -�J� of corporation, on behalf of the o me or has produced as identification and did (Signature of Notary) NAME: Wo y1j I, IYIL50 Legibly Printed) GC -P -11 Notary Public, State of Commission No.: BID BOND KNOW ALL MEN BY THESE PRESENTS, that we M & J Construction Company of Pinellas County, Inc. (herein after called the Principal) and Ohio Casualty Insurance Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of Ohio with Its principal offices in the City of Fairfield and authorized to do business in the State of FL are held and firmly bound unto the Collier County (hereinafter called the Owner , X'14iff 451A the full and just sum of SI T1 dI0t�'iH0Q(A Q FI �f� �tUPOf��p 1! 1 dollars ($ 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 fumish, install, and fully complete the Work on the Project known as: Goodland Bridge Scour Remediation Project Bid No. 10 -5454 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 fumished 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 require d 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. IN TESTIMONY Thereof, the Principal and Surety have caused these presents, to be duly signed and sealted'this 24 day of March , 2010. M & J Construe ion Ptimpan—y of Pinellas County, Inc. Principal BY (Seal) Ohio Casualty Insurance Company Surety (Sea'l) Alvin A. Miller, Jr. AAttorney -In -Fact Countersigned Local Resident Producing Agent for GC -P -12 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 41 -385 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint: Wendell L. Jones, Alvin A. Millers Jr., Claudia Di Rienzo, Deana L. Fitch, Kelly M. Tomko, Shirley A, Davis or Kelly Davis of Canfield, Ohio its true and tawful:agent (s) and attorney (s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance THIRTY MILLION ($30,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own _proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorneys) -in- fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 17th day of July, 2008. N USE�L G Gw✓ NSam Lawrence, Assistant Secretary Y vi STATE OF OHIO, d COUNTY OF BUTLER C tp On this 17th day of July, 2008 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and t`p qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE y COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged tLt N the execution of the same, and being by me duly sworn deposes and says that he is the officer of the Companies aforesaid, and that the seals affixed to y– 7 the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and OL > subscribed to the said instrument by the authority and direction of the said Corporations. d !C IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first — above written. a O d * ,4; Notary Public in and for County of Butler, State of Ohio CMy Commission expires August 5, 2012. L W This power of attorney is granted under and by authority of Article 111, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty t0 ` Insurance Company and West American Insurance Company, extracts from which read: Article 111, Section 9. Appointment of Attorneys -in -Fact. The Chairman of the Board, the President, any Vice - President, the Secretary or any 0 S Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of d signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, 0 i recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board Vor boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof t0 C d This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the - Companies on October 21, O 7 2004: Z v RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By -laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued oil behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By -Laws of the Companies and the above resolution of their Boards of Directors are true and conTect copies and are in full force and effect, on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 24T%ay of MARCH '2010 s Assistant Secretary THE OHIO CASUALTY INSURANCE COMPANY FINANCIAL STATEMENT - DECEMBER 31, 2008 ASSETS 2008 Cash $ 356,523,603.00 Bonds 3,149,649,309.00 Stocks 413,674,186.00 Mortgage Loans on Real Estate 88,153,011.00 Real Estate (less encumbrances) 17,021,200.00 Premiums and Considerations 622,095,052.00 Investment Income Due and Accrued 41,059,427.00 Reinsurance Recoverable 28,284,820.00 Other Assets 152,797,887.00 Total Assets $ 4,869,258,495.00 Reserve for Outstanding Losses $ 2,574,705,483.00 Reserve for Unearned Premiums 860,020,840.00 Reserve for Taxes and Expenses 247,097,539.00 Ceded Reinsurance Premium Payable 28,699,698.00 Other Liabilities 123,329,899.00 Total Liabilities $ 3,833,853,459.00 Capital Stock $ 4,500,000.00 Net Surplus 1,030,905,036.00 Policyholders Surplus $ 1,035,405,036.00 Total Liabilities, Capital Stock and Surplus $ 4,869,258,495.00 State of Ohio ) County of Butler) SS.: Gary R Gregg being duly sworn says: That he is President of The Ohio Casualty Insurance Company of Hamilton, Ohio; that said Company is a corporation duly organized, existing and engaged in business as a Surety by virtue of the laws of the State of Ohio and has duly complied with all the requirements of the laws of the said State applicable to said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress of July 30, 1947 (6 U.S.C. 6-13); that to the best of his knowledge and belief the above statement is a full, true and correct statement of the financial condition of said Company on the 31 st day of December, 2008. Sworn to before me this 17th day of February, 2009. 0-0- F Cheryl S. Gregory, Notary Public Gary R.. Gregg, President My Commission Expires August 5, 2012. State of Florida Department of State I certify from the records of this office that M & J CONSTRUCTION COMPANY OF PINELLAS COUNTY, INC. is a corporation organized under the laws of the State of Florida, filed on December 27, 1983, effective December 22, 1983. The document number of this corporation is G78973. I further certify that said corporation has paid all fees due this office through December 31, 2010, that its most recent annual report was filed on January 5, 2010, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Sixth day of January, 2010 �s Secretaty Authentication ID: 700164299987- 010610 - G78973 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https: / /efile .sunbiz.org /certauthver.html CHARLIE. CRIST GOVER.NOR �, ED Florida Department of Transportation 605 Suwannee Street Tallahassee, FL 32399 -0450 April 9, 2009 M & J CONSTRUCTION COM ?ANY 07 PINELLAS COUNTY, INC. 809 SOUTH SAFFORD AVENUE TARPON SPRINGS, FLORIDA 34689 RE. CERTI:ICATE OF QUAL_FICATION Gear Sir /,Hadam: STEPHAYIE C. KOPELOUSOS SECRETARY The Department Of Transportation has qualified your company for the amount and the type of work indicated below. Unless your company is notified o= herwise, this rating will expire 6/30,/2010. however, the new apolication is due 4/30/2010. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements and, if applicable, the audited interim financial statements. Section 33-7 .1; (4) F.S. provides that your certificate will be valid for 18 months after your financial statement dd =e. This gives a two month period to allow you to bid on jobs as we process your new application for qualification. To remain qua Iified with the Department, a new apolicat'_on must be submitted subsequent to a.. ^.v Si C?n change _n the financial position or the st_u -✓re of your tire' as described �n Section 1"-.- 22.003(3), Flor -da Administ rat I've Code. MAXIMUM CAPACiT`f RATING: $53,950,000.00 FDOT APPROVED WORK CLASSES: BASCULE BRIDGE REHABILITATION, BRIDGE PAINTING, CATHODIC PROTECTION, MINOR BRIDGES, R &R INTERMEDIATE BRIDGES, R &R MAJOR BRIDGE - BRIDGES OF CONVENTIONAL CONSTRUCTION WHICH ARE OVER A. WATER OPENING OF 1, 000 FEET OR MORE, R &R MAJOR BRIDGE t!✓.� -� ��. . ..0 rVADi: r' C.i . .: �RR � -- - -_-- - .1 - -1 .1 �-�.� � :.I ✓J FDOT APPROVED SPECIALITY CLASSES OF WORK: BRIDGE JOINT REHABILITATION, PILE JACKET REPAIR, RIP RAP, GROUT INJECTION, BRIDGE SURFACE- SEALING TREATMENT, BRIDGE BEAM REPAIR (STEEL OR CONCRETE), MARINE LOCK REPAIR (TIMBER & STRUCTURAL STEEL REPAIR /REPLACEMENT) , POST TENSION REPAIR, BASCULE BRIDGE LOCKING MECHANISM, BEARING ASSEMBLY /BRIDGE JACKING CONTRETE REHABILITATION (SPA'L REPAIR) , AND FENDER SYSTEM. Please be advised the Department of Transportation has considered your company's qualification in all work classes requested. We have evaluated your company's organization, management, work experience, work performance and adequacy of equipment as directed by section 14- 22.003, Florida Administrative Code. Based On this evaluation, the Department is not able, at this time, to prequalify your company for the work classes: BRIDGE DECK OVERLAYS, PORTLAND CEMENT CONCRETE, R &R MAJOR BRIDGE - CABLE STAYED CONSTRUCTION, R &R MAJOR BRIDGE - CONCRETE SEGMENTAL CONSTRUCTION, R &R MAJOR BRIDGE - STEEL TRUSS CONSTRUCTION. WWw. dot. state. fl .0 s 0 RECYQ.EO PAPER M & J CONSTRUCTION COMPANY OF PINELLAS COUNTY, INC. April 9, 2009 Page two You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14- 22.0041 (3), Florida Administrative Code. Please be advised if certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. Sincerely, Juanita Moore, Manager Contracts Administration Office JM:cj (D Co m D J C� co 0 N Z a O m N d O U C 3 Q w o: O = O cn N ` O w_ ° E W Q m O Q Z v W 0 M ` W O CUcns m ' J Q I _ 01 ` +. C_ O « >, Q N a A m (D Co m D J C� co 0 N Z O F- Q Z W F- W } F- V C _J co r-+ J C ca C W O ro } F- U U U V Q m a Q m m C a w 4- 0 N � d N C Rf Q. Q O Q U LL1 a¢G'(5 va�l U U- O •Q1 O ° Z uj C> u i t +`• N o LLJ Q Q z � d U 0 Z LLJ -C `O 0 0: N O _ D y O r- a. Q }U F- W W J m Q —> N W LU 0 i > o LL) L U w J Q E- O w X D Z W W Q: Z O O ~ o U � O = U F- LO Z v O O M U to X O Z Q U Q U D X X w W J a N J W J Z } H ..1 C13 U J }W F- U Q a a rU w N a D O W w U w a �ovo0 J M M M N � f W ^^^��� J �O O r- N Eo U d co 00 co Q N vi c O fC 7 V f6 U d 7 N C Q1 d L C O is E O C O N N E J °7 O z m T to u d G M ro y U d 6 m Y u ro d T d _O a 0) 0 N (D O (D N t0 'q O = It '7 (n (n (c (o t-- co E O Z M V o co t- N o O O O w O w 0 0 w 0 0) ii 004 ct ii O I c� O 1:7 ci C%4 c3r ��� !�t�,3a a ass cam ti Co- C,^, flklp� -1 : "/ C� 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; <*Project Name; <*Opening Date. 13. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER- DELIVERED BIDS MUST HAVE THE BID NUMBER ND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET �X Bioder, atu Title / ,fi'eS44?14— Date: GC -P -13 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with M & J Construction Company of Pinellas County, Inc. ( "Contractor ") of 809 South Safford Avenue, Tarpon, Springs, FL 34689, a Corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Goodland Bridge Scour Remediation Project, Bid No. 10 -5454 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by TBE Group, 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: Eight Hundred Fifty One Thousand Four Hundred Fifty Five Dollars ($851,455.00). 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 Liquidated Damaqes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within ninety (90) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within twenty (20) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to GC -CA -2 definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand one hundred and forty eight dollars ($1,148.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. GC -CA -3 The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by TBE Group and identified as follows: Goodland Bridge Scour Remediation Project as shown on Plan Sheets 1 through 13. Exhibit N: 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: Marlene Messam, Project Manager Transportation Engineering & Construction Management 2885 S. Horseshoe Drive Naples, Florida 34104 (239) 252 -5773 GC -CA-4 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: M & J Construction Company of Pinellas County, Inc. 809 South Safford Avenue, tarpon Springs, FL 34689 (727)938 -6478, Telephone, (727)934 -4665, Fax Nick Kokkinos, President C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. GC -CA -5 Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC -CA -6 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: ::3-WiTAff M / r-, a A�4 Type /Print Name SECO ITNESS Type /Print Name Date: Q CONTRACTOR: M & J Construe,,,' ePl*llas ount y, Inc. By: 4 ype /Print Name and Title OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF D hf`E. Brock, 30*,, k :. COLLIER COUNTY FLORIDA BY: ti , Atii�N�t q 'fit � Ap .pRyovd As PToo a Legal u Print Name: Scott R. Teach Deputy County Attorney GC -CA -7 BY. Fred W. Coyle, Chairma Bond #4- 028 -860 EXHIBIT A PUBLIC PAYMENT BOND Goodland Bridge Scour Remediation Project Bond No. Contract No. 10 -5454 KNOW ALL MEN BY THESE PRESENTS: That M & J Construction Company of Pinellas County, Inc. as Principal, and OhioCasualty Insurance Company as Surety, located at 9450 Seward Rd., Fairfield, Ohio 45014 (Business Address) are held and firmly bound to Collier county as Obligee in the Sum of Eight Hundred d FiftyOOne Thousand Four Hundred Fifty Five dollars and 00/100 ($851,455.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2010, With Obligee for Goodland Bridge Scour Remediation Project in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal wkh labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes In or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). in no event will the Surety be liable In the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 13th day of May 2010, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. GC- CA-A -1 Signed, sealed and delivered in the presence of: STATE OF COUNTY OF BY: NAME ITS: PRINCIPAL County, Inc. The foregoing In4trument.,was acknowledged before me t ' day of 20 by Q as of L L" IF 49 11 AZ G corporation, on behalf of the corporation. He/she is Demonally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: MELANIE DERRISO _.: MY COMMISSION k QD 938379 r EXPIRES; NovembW 7, 2013 .$ f 90nded ?hru Nowy PUblie UndeYwnters (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety GC- CA -A-2 (Legibly Printed) Notary Public, State of Commission No.: / SURETY: Ohio Casualty Insurance Company (Printed Name) (Business Address (Authorized Signature) (Printed Name) ` - OR Witn es STATE OF Ohio COUNTY OFMahoning As- Attorney in F t (Attach Power of Attorn ey Shirley A. Davis, Attomey - In -Fgcty (Printed Name) 9450 Seward Rd Fairfield, Ohio 45014 (Business Address) (330) 533 -1195 (Telephone Number) The foregoing instrument was acknowledged before me this 13th day of May . 2010, by Shirley A. Davis as Attorney -In -Fact of Ohio Casualty Insurance Company Surety, on behalf of Surety. He/She Is personally known to me OR has produced take an oath. as identification and who did (did not) My Commission Expires: oil'' % /, (S. re) Name: - /)u-y c r-J 19, t = < (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of. Ohio %, Commission No.. SALLY A. WMTAKER, Not ay Public Stu* of 0WO MY C =nW= EXPha APR 7, 2014 GC -CAA -3 EXH. IBIT A PUSUC PERFORMANCE BOND Goodland Bridge Scour Remediation Project Bond N0.4- 028 -860 Contract No. 10.5454 KNOW ALL MEN BY THESE PRESENTS: That M & J Construction Company of Pinellas County, Inc , as Principal, and Ohio Casualty Insurance Company 9450 Seward Rd, Fairfield, Ohio 45014 as Surety, located at (Business Address) are held and firmly bound to Collier County , as Obligee in the sum of Eight Hundred Fifty One Thousand Four Hundred Fifty Five and 00/100 ($851,455.00 ) 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 day of Goodland Bridge Scour Remediation Project 2010, with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS 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. 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. GC- CA -A-4 In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 13th day of May 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 Hof: STATE OF � COUNTY OF PRINCIPAL M & J Constru n f Pinel%t nC BY: _ NAME: ITS: The foregoing instrument was ac owledged before me this day of , 2010, by , as Of corporation, on behalf of the corporation. He/she is peT 01 knower to me OR has produced as identification and did (did n tce an oath. My Commission Expires: 7-13 (Signature) ,- = MROE DEMM Name: COMMISSION x sus , IRN N November 7, 2013 Legibly Printed) ...,. (AFFIX OFFICIAL S GC -CAA -5 Notary Public, State of: L Commission No.: ATTEST: VA .L.�. i. WM. 'v NOME W- - SURETY: Ohio Casualty Insurance Company (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attomey in F (Attach Power & Attorney) Shirley A. Davis, Attorney -In -Fact (Printed Name) 9450 Seward Rd. - Fairfield, Ohio 45014 (Business Address) 330 - 533 -1195 (Telephone Number) STATE OF Ohio COUNTY OFMahoning The foregoing Instrument was acknowledged before me this 13th day of May , 2010, b Shirley A. Davis Y , as Attomey -In -Fact of Ohio Casualty Insurance Company , a Ohio Surety, on behalf of Surety. He/She is personally known to me OR has goduieed as identification and who did (did not ,t'' My Commission Expires: 0 (az c (Sign re) (Legibly Printed).; i (AFFIX OFFICIAL SEAL) Notary Public, State of� Commission No.: SALLYA- WMTAKBR, Notary, public GC-CA-A-6 State of Ohio MY Co=nf ion Expires April 7, 2014 0 IZ 4) � N .Y y �C 43 4) a V d 0-6 d > d a R -N O i 60 0.0 C t4 L cU 47 4i 0.0 2-6 0 cc _ V <d C > 4)) Zv THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 43 -350 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article 111, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint: Wendell L. Jones, Alvin A. Miller, Jr., Kelly M. Tomko, Shirley A. Davis, Kelly Davis, Alyssa Koval, Mark A. Zeidenstein or Keith Miller of Canfield, Ohio its true and lawful agent (s) and attorney (s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance THIRTY MILLION ($30,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s_)_guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and proposes, as if they had been duty executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attoi- ney(s) -in -fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seat of each Company this 7th day of April, 2010. STATE OF OHIO, J. Timothy D'Errico, Assistant Secretary COUNTY OF BUTLER On this 7th day of April, 2010 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came J. Timothy D'Errico, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. ��)} r i ;,j Notary Public in and for County of Butler, State of Ohio My Commission expires August 17, 2013. This power of attorney is granted under and by authority of Article IIi, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts f -onn which read: Article III, Section 9. Appointment of Attorneys -in -Fact. The Chairman of the Board, the President, any Vice - President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article 111, Section 9 of its Code of Regulations and By -laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf ofthe Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof-, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By -Laws of the Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, f have hereunto set my hand and the seals of the Companies thisl3 ttlday of May 2010 Assistant Secretary THE OHIO CASUALTY INSURANCE COMPANY FINANCIAL STATEMENT - DECEMBER 31, 2009 ASSETS 2009 Cash $ 304,286,770.00 Bonds 3,530,250,767.00 Stocks 366,895,568.00 Mortgage Loans on Real Estate 95,958,941.00 Real Estate (less encumbrances) 22,877,333.00 Premiums and Considerations 658,040,386.00 Investment Income Due and Accrued 44,681,606.00 Reinsurance Recoverable 14,200,483.00 Other Assets 240,012,277.00 Total Assets $ 5,277,204,131.00 LIABILITIES Reserve for Outstanding Losses $ 2,497,852,401.00 Reserve for Unearned Premiums 938,631,360.00 Reserve for Taxes and Expenses 193,680,470.00 Ceded Reinsurance Premium Payable 24,425,143.00 Other Liabilities 286,443,071.00 Total Liabilities 3,941,032,445.00 Capital Stock $ 4,500,000.00 Net Surplus 1,331,671,686.00 Policyholders Surplus $ 1,336,171,686.00 Total Liabilities, Capital Stock and Surplus $ 5,277,204,131.00 State of Ohio ) County of Butler) SS.: Gary R. Gregg being duly sworn says: That he is President of The Ohio Casualty Insurance Company of Hamilton, Ohio; that said Company is a corporation duly organized, existing and engaged in business as a Surety by virtue of the laws of the State of Ohio and has duly complied with all the requirements of the laws of the said State applicable to said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress of July 30, 1947 (6 U.S.C. 6 -13); that to the best of his knowledge and belief the above statement is a full, true and correct statement of the financial condition of said Company on the 31 st day of December, 2009. Sworn to before me this 25th day of February, 2010. Cheryl S. Gregory, Notary Public Gary R. Gregg, President My Commission Expires August 5, 2012. 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. Coverages 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 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. GC- CA -C -1 Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage,(l and charge the Vendor for such coverages 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 coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. GC- CA -C -2 Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $2,000,000 single limit per occurrence ISO form 4. ® Indemnification 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 Contractor/Vendor/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. ® Automobile Liability $ 2,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ® United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence" *The bidder could provide eitherUSL &H or P & l with a $1,000,000 minimum' per occurrence ® Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence GC- CA -C -3 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds 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 be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® 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. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® 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. ® 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 Vendor Signature Print Name Insurance Agency Agent Name GC- CA -C -4 Date Telephone Number DATE (M) ACORN CERTIFICATE OF LIABILITY INSURANCE MIDDlYYYY 05/19/2010 PRODUCER (330) 533- 1195 FAX (330) 533 -7583 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION L. Calvin Jones & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3744 Starr Centre Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 159 Canfield; OH 44406 -0159 INSURERS AFFORDING COVERAGE NAIC # INSURED wsURERA: The Travelers Indemnity Company M & J Construction Company of Pinellas INSURERB: The Charter Oak Fire Insurance C pang County, Inc INSURER c: AIG/Ins Co of State of PA P.O. Box 698, INSuRERD: AIG/National Union Fire, Pitts Tarpon Springs, FL 34688 INSURER E: COVERAGES 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 PAU. LAIMS. INSR LTR D' NSR TYPE OF INSURANCE POLICY NUMBER' ^, POLICYEFFECTNE- DATE' MMIDD POLICY EXPIRATION DATE' JMMDD1YYM LIMITS GENERALLIAdibw DTC08366L377IND09,: 12/23/2009 12/2312010 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY cLalMs MADE OCCUR ;5,000 PROPERTY DAMAGE DED. PER OCCURRENCE PREMISES Ea occurrence $ 300,00 ME EXP (Any one.person) $ 5 „00. A PERSONAL & ADV INJURY $ i'000,666 GENERAL AGGREGATE: $ 2,000',000 GEN'L AGGREGATE LIMIT APPLIES'.PER: , PRODUCTS - COMP /OPAGG $ 2,000,'000 POLICY X JPERO- LOC AUTOMOBILE LIABILITY ANY AUTO DT81083661-377COFO9 12/43/2009 12/23/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000 ,.00 X BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIREDAUTOs NON -O*ED AUTOS PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY -: EAACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESSIUMBRELLALIABILITY X OCCUR CLAIMS MADE DTSMCUPS366L377IND09' 12/23/2009 12/23/2010 EACH OCCURRENCE $ 5',000,00 AGGREGATE $ 5,000,00 A � $ DEDUCTIBLE i X RETENTION. $ 10, 00 $ C WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y1 PROPRIETORlPARTNER/EXECUTIVE Y!!>{- OFFICERIMEMBER EXCLUDED? u} (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below WC 532 -34 -62 CLUDES USL&H COVERAGE 06/07/2009 0712010 06/07/2010 CRY L MITS. X ER E L EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA 8MPLOYEq $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 D OTHER Protection & Indemnity inc Jones Act 051764677 01/11/2010 01/11/2011 $ 1,000,000/ $5,000 BI Ded & $5,000 PD Ded. DESCRIPTION OF OPERATIONS i LOCATIONS! VEHICLES I EXCLUSIONS ADDED BYENDORSEMENT/ SPECIAL PROVISIONS Re. Contract #10 -5454 Goodland Bridge Scour Remediation Project olli;er County Board of Commissioners, Naples', Florida is named as an Additional Insured on the eneral Liability coverage, when required by written contract, as respects for any and all work erformed on behalf of Collier County by the Named Insured, as their interest may appear. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners Naples, Florida 3301 Tamiami Trail East Naples, FL 34112 ACORD 25 SHOULD.ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Nancy Hritz NAH ©1988 -2009 ACORD 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 notconstitute a contract 1 etween the .issuing..insurer(s), authorized . representative or piod'ucer,;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: DATE: Witnesses STATE OF COUNTY OF President 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: (AFFIX OFFICIAL SEAL) NAME: GC- CA -C -5 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. _ Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ _ Percent Work completed to Date: % Percent Contract Time completed to Date % Liquidated Damages to be Accrued $ Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) 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 � k Q CN / IM E )LLIk §2 3: $] 0: u_ 4)a uj£ « 0 { k LU 0 §) k\ LLI °/ \) 7£ �7 m° $ � eu ($ �� /\ a§ 8% §LU \ � «w ■� _@ 0CL §§ §■2 $E U) =— \§ \/ a8 U) � Eo � ° k/ � t / }§ ]) ik0 2 a « moo£ / }2 ) 2§ G§ LL o s � � w o F- « S &� u u ]cc e & 22 2 §� j\ J0 e \ LU § IL ® %g §w k/ o] k� ¥> 2 � X76 . 0 }�k �0 2«e § � U )76£ \ § k\ / ® )�_ k 2 § w� �k\ x �2 x0 u £ ! � k Q CN / IM O v d N iv d O N m c c O U_ s x w M D Q U U FO- w m— C N !Q C R m v O � � a N N C A ,a N N N CL — o CD > m m 'm o. v N CD � t H , .a Q O > V d d a`W m m v � 0 E > O c Z ) CL N c O N d D m ca 0 M D Q U U TO: Project Name: Bid No. : Change Order No.: Change Order Description EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Project Manager Recommended by: (For use by Owner: Fund Cost Center: Number: ) GC- CA -E -5 Date Date: Date: Date: Date: Date: Date: Object Code: Project Design Professional Accepted by: Contractor Approved by: Department Director Approved by: Division Administrator Approved by: Purchasing Department Authorized by Director (For use by Owner: Fund Cost Center: Number: ) GC- CA -E -5 Date Date: Date: Date: Date: Date: Date: Object Code: Project OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: 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: RESPONSIBILITIES: 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 By: Design Professional Type Name and Title 2010 CONTRACTOR accepts this Certificate of Substantial Completion on 2010 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 12010 By: OWNER Type Name and Title GC- CA -F -2 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 12010 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. explanation. Acknowledgments: By Contractor: By Design Professional: By Owner: If NO is checked for any of the above, attach GC- CA -G -1 (Company Name) (Signature) (Typed Name & Title) (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: those affecting transportation, access, disposal, handling and storage of materials; GC- CA -H -1 availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC- CA -H -2 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC- CA -H -3 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. GC- CA -H -4 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.10 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: GC- CA -H -5 (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. GC- CA -H -6 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the 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 GC- CA -H -7 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- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the GC- CA -H -8 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 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 GC- CA -H -9 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 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 GC- CA -H -10 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, 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. GC- CA -H -11 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 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 GC- CA -H -12 provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as 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 GC- CA -H -13 Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act 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. GC- CA -H -14 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- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written GC- CA -H -15 notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected GC- CA -H -16 by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice GC- CA -H -17 to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. GC- CA -H -18 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 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 GC- CA -H -19 Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have 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. GC- CA -H -20 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 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 any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If 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. GC- CA -H -21 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 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. GC- CA -H -22 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 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. GC- CA -H -23 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 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: GC- CA -H -24 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 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 GC- CA -H -25 reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, 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 GC- CA -H -26 (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records GC- CA -H -27 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Contractor shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE GC- CA -H -28 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND /UNDERGROUND TANKS An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the `County prior to installation or closure of the tank. The Pollution Control Department (239- 252 - 2502), via contract GC -690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the `county' local program thirty (30) days prior to installation and again forty -eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty -eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation /closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor /project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well - groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. GC- CA -H -29 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and /or services purchased as a part of this contract. 2. Awarded contractor must be FDOT qualified in appropriate areas. Provide copy of FDOT certification with bid submittal. GC- CA -1 -1 PrequalifiedV endorSearchPrintView Page 9 of 15 M & J CONSTRUCTION COMPANY OF 809 SOUTH SAFFORD 809 SOUTH SAFFORD PINELLAS COUNTY, INC. AVENUE AVENUE F592361020001 PO BOX 698 PO BOX 698 EXPIRES: 6/30/2010 TARPON SPRINGS, FL TARPON SPRINGS, FL 34689 34689 (727)938 -6478 (727)938 -6478 WORK CLASSES BASCULE BRIDGE REHABILITATION BRIDGE PAINTING CATHODIC PROTECTION MINOR BRIDGES R &R INTERMEDIATE BRIDGES R &R MAJOR BRIDGE - BRIDGES OF CONVENTIONAL CONSTRUCTION WHICH ARE OVER A WATER OPENING OF 1,000 FEET OR MORE R &R MAJOR BRIDGE - MULTI -LEVEL R &R MAJOR BRIDGE- CURVED STEEL ROADWAY GIRDERS * BRIDGE JOINT REHABILITATION, PILE JACKET REPAIR, RIP RAP, GROUT INJECTION, BRIDGE SURFACE - SEALING TREATMENT, BRIDGE BEAM REPAIR (STEEL OR CONCRETE), MARINE LOCK REPAIR (TIMBER & STRUCTURAL STEEL REPAIR/REPLACEMENT), POST TENSION REPAIR, BASCULE BRIDGE LOCKING MECHANISM, BEARING ASSEMBLY /BRIDGE JACKING CONTRETE REHABILITATION (SPALL REPAIR), AND FENDER SYSTEM. MICON DEVELOPMENT, LLC 780 THIRD AVENUE 780 THIRD AVENUE F320259246001 31ST FLOOR 31ST FLOOR EXPIRES: 6/30/2010 NEW YORK, NY 10017 NEW YORK, NY 10017 (352)629 -0224 (352)629 -0224 WORK CLASSES BASCULE BRIDGE REHABILITATION DRAINAGE FLEXIBLE PAVING GRADING INTERMEDIATE BRIDGES MAJOR BRIDGE - BASCULE SPANS MAJOR BRIDGE - CONCRETE SEGMENTAL MINOR BRIDGES CONSTRUCTION R &R INTERMEDIATE BRIDGES R &R MAJOR BRIDGE - BRIDGES OF CONVENTIONAL CONSTRUCTION WHICH ARE OVER A WATER OPENING OF 1,000 FEET OR MORE R &R MAJOR BRIDGE - MULTI -LEVEL ROADWAY * RIPRAP, R & R PORTLAND CEMENT CONCRETE MISENER MARINE CONSTRUCTION, 12550 FUQUA 5440 WEST TYSON INC. HOUSTON, TX 77034 AVENUE F591158596001 (713)852 -6500 TAMPA, FL 33611 EXPIRES: 6/30/2010 (813)839 -8441 WORK CLASSES BASCULE BRIDGE REHABILITATION CATHODIC PROTECTION DRAINAGE GRADING MAJOR BRIDGE - BASCULE SPANS FLEXIBLE PAVING INTERMEDIATE BRIDGES MAJOR BRIDGE - BRIDGES OF https: / /www3. dot. state. fl. us /contractorprequalification/ Public /PrequalifiedVendorSearchPr... 3/26/2010 EXHIBIT J TECHNICAL SPECIFICATIONS GC- CA -J -1 SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS FOR GOODLAND SCOUR REMEDIATION PROJECT CR 92 OVER MARCO CHANNEL, BRIDGE NO. 030184 4F COLLIER COUNTY 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34101 Plans, specifications and details governing the work to be Accomplished have been prepared for Collier County by: IN TBE GROUP, INC. 380 Park Place Boulevard, Suite 300 Clearwater, Florida 33759 January 2010 TABLE OF CONTENTS SECTION DESCRIPTION PAGE SECTION 01000 SPECIAL PROVISIONS ................................................................... ..............................1 SECTION 02000 TECEMCAL SPECIFICATIONS ................................................... ............................... 7 TBE Group, Inc Error! AutoText entry not defined. 1 January 2010 SECTION 01000 SPECIAL PROVISIONS GENERAL This Section amends, enhances or otherwise revises the Technical Specifications and Contract Documents. STANDARD SPECIFICATIONS The standard Specifications to be used for this work shall be the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction 2010, and all Supplemental Specifications thereto, hereinafter referred to as the Standard Specifications, except as amended under this Contract. Division I - Supplemental Terms and Conditions will be applied as follows: Section 1 Definitions and Terms Section 2 NOTE: Omitted Entirely (Proposal Requirements & Conditions) Section 3 NOTE: Omitted Entirely (Award and Execution of Contract) Section 4 Scope of Work Section 5 Control of Work Section 6 Control of Materials Section 7 Legal Requirements and Responsibility to the Public Section 8 Prosecution and Progress Section 9 Measurement and Payment NO SEPARATE PAYMENT FOR SPECIAL PROVISIONS No separate payment will be made for the Contractor to execute Special Provisions. All expenses borne by the Contractor shall be included in the individual unit prices for the particular pay item or as part of the lump sum quantity for Mobilization. MATERIALS a. Delivery Tickets: It will be necessary to submit a copy of all delivery tickets for materials used on the project, regardless of the basis of payment. LABORATORY TESTING Cost of all required laboratory testing shall be borne by the Contractor, including the cost of all re- testing due to defective materials or construction. The testing laboratory shall be approved by the Owner. Testing shall be in accordance with the applicable portions of Section 6 of the Standard Specifications and these specifications. MEASUREMENT AND PAYMENT a. All work completed under the terms of this contract shall be measured according to United States Standard Measures. 1 b. All measurements shall be taken horizontally or vertically unless specifically provided otherwise. C. No payment will be made for construction over a greater area than authorized, nor for material moved from outside of stakes and data shown on the plans, except when such work is performed upon instructions of the Engineer. d. The Contractor shall accept compensation provided under the terms of this contract as full payment for furnishing all materials and for performing all work contemplated and embraced under this contract. Such compensation shall also be for any and all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen difficulties or obstructions encountered during the contract period until final acceptance by the Owner. e. Whenever any change, or combination of changes, on the plans results in an increase or decrease in the original contract quantities, and the work added or decreased/eliminated is of the same general character as that called for on the plans, the Contractor shall accept payment in full at the original contract unit prices for the actual quantity of work performed, with no allowance for any loss of anticipated profits. f. Any quantity item not indicated in the Bid Schedule /Tabulation sheet but shown on the Plans shall be included as part of the lump sum quantity for Mobilization. g. It is the Contractor's responsibility to perform a detailed quantity take -off from the plans to determine actual quantities for ordering and delivery purposes. The Owner will not be responsible for quantities ordered in excess of those installed and constructed. The Contractor should be aware that some of the pay items may have contingency quantities. Payment shall be made only for final in -place quantities. No payment shall be made for contingency quantities or additional work unless otherwise directed and approved in writing by the Engineer. RESTORATION Payment for restoration shall be covered under the applicable restoration Pay Items as specified in the proposal. If a specific restoration Pay Item is not listed in the proposal, the cost of such work shall be included in the applicable Pay Item unless otherwise provided under separate restoration section or pay quantity of these Specifications. COOPERATION WITH OTHERS The Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal and rearrangement operations, in order that these operations may progress in a reasonable manner and that service rendered by these parties will not be interrupted. The Owner shall not be responsible for costs associated with delays, disruptions and remobilizations attributed to utility agency scheduling. GUARANTEE All work shall be guaranteed for 12 months after completion and acceptance of the work unless otherwise specified. The guarantees are to be construed as being supplemental in nature and in addition to any and all other remedies available to the Owner under the laws of the State of Florida. 0) PRIORITY In any instance where there is an apparent conflict between these technical specifications special provisions and the corresponding terms of the "Standard Specifications ", these special provisions followed by these technical specifications shall be controlling. SITE INVESTIGATION The Contractor acknowledges that he has satisfied himself as to the nature and location of the work; the general and local conditions, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials; availability of labor, water, electric power, roads; and uncertainties of weather, water stages, tides or similar physical conditions at the site; the conformation and conditions of the ground; the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered, insofar as this information presented by the drawings and Specifications made a part of this contract. The Contractor shall carefully review and adhere to conditions and recommendations made in the project geotechnical report. Any failure by the Contractor to acquaint himself with the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Owner. The Owner also assumes no responsibility for any understanding or representations made by its officers or agents during or prior to the execution of this Contract, unless (1) such understanding or interpretations are made in writing by the Engineer or are expressly stated in the Contract and (2) the Contract expressly provides that the responsibility therefore is assumed by the Owner. CONTRACTOR/SUBCONTRACTOR WORK EXPERIENCE AND QUALIFICATIONS The Contractor or subcontractors shall have a minimum of five years experience in their particular trade and shall provide a minimum of three references relating specifically to the type of work that shall be performed for this project. The Contractor shall assure that all superintendents, foremen and workmen are competent, careful and reliable. All workmen must have sufficient skill and experience to properly perform the work assigned them. All workmen engaged on special concrete bases, pavements or structures, or in any trade, shall have had sufficient experience in such work to perform it properly and satisfactorily and to operate the equipment involved, and shall make due and proper effort to execute the work in the manner prescribed in the Specifications, or the Engineer may take action as prescribed below. Whenever the Engineer has determined that any person is incompetent, unfaithful, intemperate, disorderly or insubordinate, such person shall upon notice, be discharged from the work and shall not again be employed on it except with the written consent of the Engineer. Should the 3 Contractor fail to remove such person or persons the Engineer may withhold all estimates, which are or may become due, or may suspend the work until such orders are complied with. Within ten days after the award of any subcontract, either by himself or a subcontractor, the Contractor shall deliver to County and/or Engineer a statement setting forth the name and address of the subcontractor and a summary description of the work subcontracted. The Contractor shall be as fully responsible to the Owner for acts and omissions of his subcontractor and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. MAINTENANCE AND RESTORATION OF JOB SITE The Contractor shall conduct his operations in such a manner as will result in a minimum of inconvenience to occupants of adjacent homes and business establishments and shall provide temporary access as directed or as may be required by the Project Manager. All final restoration must be performed to an equal or better condition than that which existed prior to construction. Good housekeeping on this project is extremely important and the Contractor will be responsible for keeping the construction site neat and clean, with debris being removed daily as the work progresses or as otherwise directed by the Project Manager. Good housekeeping at the job site shall include: Removing all tools and temporary structures, dirt, rubbish, etc.; hauling all excess dirt, rock, etc., from excavations to a dump provided by the Contractor; and all clean up shall be accomplished to the satisfaction of the Project Manager. Dust will be controlled daily as may be required. Immediately after construction completion in an area or part thereof (including restoration), barricades, construction equipment and surplus and discarded materials shall be removed by the Contractor. In the event that the timely clean up and restoration of the job site is not accomplished to the satisfaction of the Project Manager, the Project Manager shall make arrangements to affect the necessary clean up by others. The Contractor shall be charged for these costs through deductions in payment due the contractor. If such action becomes necessary on the part of and in the opinion of the Project Manager, the Owner shall not be responsible for the inadvertent removal from the work site of materials which the Contractor would not normally have disposed of had he affected the required clean up. NOTICE AND SERVICE THEREOF All notices, which shall include demands, instructions, requests, approvals, and claims shall be in writing. Any notice to or demand upon the Contractor shall be sufficiently given if delivered to the office of the Contractor specified in the bid (or to such other office as the Contractor may, from time to time, designate to the Owner in writing), or if deposited in the United States mail in a sealed, postage prepaid envelope, or delivered, with charges prepaid, sent via fax transmission, or to any telegraph company for transmission, in each case addressed to such office. All notices required to be hand delivered to the Owner, unless otherwise specified in writing to the Contractor, shall be delivered to the Project Manager, and any notice to or demand upon the Owner shall be sufficiently given as delivered to the office of the Project Manager, or if deposited in the United States mail in a sealed, postage prepaid envelope, sent via fax transmission, or delivered with charges prepaid to any telegraph company for transmission, in each 4 case addressed to said Project Manager or to such other representative of the Owner or to such other address as the Owner may subsequently specify in writing to the Contractor for such purposes. Any such notice or demand shall be deemed to have been given or made as of the time of actual delivery or (in the case of mailing) when the same should have been received in due course of post or in the case of a fax transmission or telegram at the time of actual receipt, as the case may be. REQUIREMENTS FOR CONTROL OF THE WORK Prior to the start of the Work described in this contract, a pre - construction conference may be held by the Project Manager to be attended by the Contractor and others as required, for the purpose of establishing a schedule of operations which will coordinate the work to be done under this contract with all related work to be done by others within the limits of the project. All items of work in this contract shall be coordinated so that progress of each related item will be continuous from week to week. The progress of the work will be reviewed by the Project Manager at the end of each week, and if the progress of any item of work during that week is found to be unsatisfactory, the Contractor shall be required to adjust the rate of progress on that item or other items as directed by the Project Manager without additional compensation. The Contractor will continuously control the work until completed. PRE- CONSTRUCTION PHOTOGRAPHY The Contractor shall do a pre - construction videotape on this project and provide two copies to the Owner. Payment for this item shall be included under the pay item for Mobilization. DAILY CLEAN -UP REQUIREMENTS The Contractor shall clean up the job site at the end of each workday. Clean up will include the elimination of rubble and waste material. MINIMUM REQUIREMENTS FOR PROSPECTIVE CONTRACTORS All Bidders are hereby advised that The County will only accept bids from qualified Contractors who have successfully completed a minimum of three projects during the past five years of a similar type as the project being bid, and whose project Superintendent has also successfully completed a minimum of three projects of a similar type during the past five years. Failure to demonstrate compliance to the following qualification requirements will render the bid non- responsive. Within the past five years, the Contractor shall have completed a. Bridge abutment or waterway slope protection projects requiring the installation of rubble riprap with a minimum value of $100,000, and, b. scour countermeasure projects requiring the underwater installation of continuous armoring layers (articulating block mattress, gabion mattress, marine mattress or grout filled mattress) with a minimum value of $200,000. CONTRACTOR'S SUPERVISION c. Prosecution of Work: The Contractor shall give the work the constant attention necessary to assure the scheduled progress. He shall cooperate fully with the Engineer and with other Contractors at work in the vicinity. 5 d. Contractor's Superintendent: The Contractor shall at all times have on the work site as his agent, a competent superintendent capable of thoroughly interpreting the plans and specifications and thoroughly experienced in the type of work being performed, who shall receive the instructions from the Engineer or his authorized representatives. The superintendent shall have full authority to execute the orders or directions of the Engineer and to supply promptly any materials, tools, equipment, labor and incidentals that may be required. Such superintendence shall be furnished regardless of the amount of work sublet. e. The Contractor's superintendent shall speak and understand English, and at least one responsible person who speaks and understands English shall be on the project during all working hours. f. Supervision for Emergencies: The Contractor shall have a responsible person available at or reasonably near the work site on a 24 -hour basis, 7 days a week, in order that he may be contacted for emergencies and in cases where immediate action must be taken to maintain traffic or to handle any other problem that may arise. The Contractor's responsible person for supervision for emergencies shall speak and understand English. The Contractor shall submit, by certified mail, phone numbers and names of personnel designated to be contacted in cases of emergencies along with a description of the project location to the Florida Highway Patrol and all other local law enforcement agencies. LIST OF EMERGENCY CONTACT NUMBERS & UTILITY SERVICE MAINTENANCE The Contractor shall obtain and maintain a list of emergency contact phone numbers for all utilities during the course of the project. The Contractor shall maintain utility service during the project except for interruptions authorized by the utility owner. If interruptions are required, the Contractor shall notify the Owner 48 hours in advance. PROGRESS SCHEDULE A progress schedule acceptable to the Engineer and the Owner shall be submitted prior to the pre - construction conference and shall be updated on a monthly basis with pay estimate submittal. COMPLIANCE WITH REGULATORY AGENCY REQUIREMENTS: • SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) ENVIRONMENTAL RESOURCE PERMIT NO. 11-03089-P • DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS PERMIT NO. SAJ- 2009- 01021(NWP -LAE) • U.S. DEPARTMENT OF HOMELAND SECURITY — UNITED STATES COAST GUARD SEVENTH DISTRICT — LETTER DATED DECEMBER 10, 2008 The Contractor shall carefully review the approved permits and letter identified above. The Contractor shall fully understand the requirements identified by these documents and is responsible for obtaining any professional services needed to interpret and fully understand these requirements. The Contractor shall comply with all permit conditions as stated therein. Contractor shall furnish all materials, equipment or resources necessary to comply with the permit conditions. No separate payment will be made for the Contractor to comply with the permit requirements. All expenses borne by the Contractor shall be included in the individual unit prices for the particular pay item or as part of the lump sum quantity for Mobilization. 2 SECTION 02000 TECHNICAL SPECIFICATIONS TBE Croup Inc. - J 100026? 00026022. 051 DOC 1Spccs\Frcmt_Goodland_012710.doc 7 January 2010 TECHNICAL SPECIFICATIONS TABLE OF CONTENTS SECTION PAGE MOBILIZATION.............................................................................................. ..............................1 TURBIDITY BARRIER ( Floating) ................................................................... ..............................3 TURBIDITY BARRIER (Staked) ................................................................... ..............................4 STAKEDSILT FENCE ..................................................................................... ..............................5 RUBBLE RIPRAP (Bank and Shore Protection) .............................................. ..............................6 RUBBLERIPRAP (Stone Fill) .......................................................................... ..............................5 BEDDINGSTONE' ........................................................................................... .............................10 POLYMERIC MARINE MATTRESS ............................................................. .............................11 MISCELLANEOUS ALLOWANCE ............................................................... .............................20 ATTACHMENTS: EXAMPLE POLYMERIC MARINE MATTRESS INSTALLATION GUIDE r:•, 00026100026022. 05U JO C:Specs\TecSpecGoodlwid01271Moo TS -1 January 2010 MOBILIZATION The work specified under this Section shall consist of the preparatory work and operations necessary to mobilize and begin work on the project. This shall include but is not limited to those operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site(s), the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities required by these Contract Documents and all applicable federal, state and local regulations. The cost of bonds and any other required insurance, consideration for indemnification to the Owner and the Engineer, and any other pre- construction expenses necessary for the start of the work, excluding the cost of construction materials, shall also be included in this Section. Unless covered by a separate pay item, any costs required to understand or comply with regulatory permit requirements shall also be included in this section. PAYMENT a. The work specified under this Section shall be paid for under the pay item for Mobilization. PAY QUANTITY a. The pay quantity for the work specified under this Section shall be one lump sum quantity for Mobilization and shall include all work and materials described and specified herein. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract lump sum price for Mobilization and shall be in accordance with the following schedule: MOBILIZATION BASIS OF PAYMENT SCHEDULE Percent of Original Allowable Percent of the Lump Sum Contract Amount Earned Price for Mobilization 5% 25% _._....... _ ... _.... ..... ._..__ _..-_.__..._.._......_._.__........_._.__........._......._.... f._._........-...._ .............................. ........__..._.....-- ._._.._... .... _ ............. . .............._.._ ... ..... ..._. 10% 50% _..._... _..._..._---- - - - - -- ...._..._ ....... ........._..._._._....._._._... _... _. .._..........._._._..._.._._... -- - ._.................._.. ....__._... _._... 25% 75% _.__.._._._.__.._..__._-_ _..__.._._.._..__ .............. _.._ _..........................__.. ;.......__ ........_.._._. _. __..... .._....__......._.__._..__...._ _.._... -- - .... _ .... 50% 100% Partial payments shall be limited to ten percent (10 %) of the original contract amount for the project. Any remaining amount will be paid upon completion of all work on the project, including final punch list work items. 7 \00026 \00026022.05`•DOC \ Specs\TecSpecGoodland0I2710.doc TS -2 January 2010 TURBIDITY BARRIER (Floating) Construction of Floating Turbidity Barrier shall conform to the requirements of Section 104 of the Standard Specifications, except as amended herein. The Floating Turbidity Barrier shall be constructed and, if indicated, relocated in accordance with the details shown in the Plans, or as may be approved by the Engineer as suitable to adequately perform their intended functions. The Contractor shall re- establish, at no additional expense to the Owner, all Floating Turbidity Barrier, or sections thereof, which may become damaged, destroyed or otherwise rendered unsuitable for their intended function during the construction of the project. The estimated quantity includes contingent Floating Turbidity Barrier. The location and time of using these contingent barriers shall be as directed by the Engineer. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Turbidity Barrier, .Floating. PAY QUANTITY a. The pay quantity for work specified under this Section shall be the number of linear feet of Turbidity Barrier, Floating actually constructed, as authorized by the Engineer, and maintained to the satisfaction of the Engineer for the duration of the construction. period. The estimated quantities may include a contingent quantity for use at such times and location as may be directed by the Engineer. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per linear toot. J:\ 00026! 00026022. 051DOC\ Specs\TccSpecOoodland012710.doc TS -3 January 2010 TURBIDITY BARRIER (Staked) Construction of Staked Turbidity Barrier shall conform to the requirements of Section 104 of the Standard Specifications, except as amended herein. The Staked Turbidity Barrier shall be constructed and, if indicated, relocated in accordance with the details shown in the Plans, or as may be approved by the Engineer as suitable to adequately perform their intended functions. The Contractor shall re- establish, at no additional expense to the Owner, all Staked Turbidity Barrier, or sections thereof, which may become damaged, destroyed or otherwise rendered unsuitable for their intended. function during the construction of the project. If the estimated quantity includes contingent Staked Turbidity Barrier, the location and time of using these contingent barriers shall be as directed by the Engineer. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Turbidity Barrier, Staked. PAY QUANTITY a. The pay quantity for work specified under this Section shall be the number of linear feet of Turbidity Barrier, Staked. actually constructed, as authorized by the Engineer, and maintained to the satisfaction of the Engineer for the duration of the construction period. The estimated quantities may include a contingent quantity for use at such times and location as may be directed by the Engineer. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per linear foot. J.'%00026. 00026022. 05' DOC1 SpecsVreeSpecGoodland012710.doc TS-4 January 2010 STAKED SILT FENCE The work. specified under this Section consists of the furnishing and application of staked silt fence barriers to control erosion on the project and in areas outside of the project right -of -way where work is accomplished in conjunction with the project, in order to prevent the pollution of water, detrimental effects to property and facilities outside the project right-of-way, and damage to work. on the project. Erosion Control shall be in accordance with the notes and details shown on the plans and with the requirements of Section 102 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein.. The barriers shall be placed so as to effectively control silt and debris dispersion under the conditions present on the project, or any conditions created during construction activities, which might tend to produce erosion or the accumulation of silt and debris. The Contractor shall re- establish, at no additional expense to the Owner, all staked silt fence barriers, or sections thereof, which may become damaged, destroyed or otherwise rendered unsuitable for their intended :Function during the construction of the project. The work specified under this Section shall include the installation, re- establishment and maintenance of all required staked silt fence barriers, all other work required to control effectively the downstream or lateral accumulation of silt and debris, and the removal of all such temporary erosion control facilities upon completion of the project. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Staked: Silt Fence. PAY QUANTITY a. The pay quantity for work specified under this Section shall be the number of linear feet of Staked Silt Fence actually constructed, as authorized by the Engineer, and maintained to the satisfaction of the Engineer for the duration of the construction period. The estimated quantities may include a contingent quantity for use at such times and location as may be directed by the Engineer. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per linear foot. 1: 100026100026022. 0511X'ISpecslTecSpecGwJland012710.doc TS -5 January 2010 RUBBLE RIPRAP (Bank and Shore Protection) The work specified under this Section consists of the construction of a .Rubble Riprap (Bank and Shore Protection) on bedding stone and geotextile filter fabric adjacent to existing riprap which is to remain and shall be protected. The construction of Rubble Riprap (Bank and Shore Protection) on bedding stone and geotextile filter fabric shall conform to the requirements of Section 514 and 530 of the Standard Specifications, as amended herein, the details and notes shown on the Plans, and, where specified herein or on the Plans, applicable drawings of the FDOT Roadway and Traffic Design Standards, current edition.. MATERIALS Rubble (Bank and Shore Protection) confonming to the material requirements of Section 530 of the .Standard Specifications. Bedding Stone conforming to the requirements of Section 530 of the Standard Specifications. Geotextile filter fabric conforming to the requirements of Section 514 of the Standard Specifications and Type D -2 Geotextile Criteria of FDOT Design Standards Index 199. CONSTRUCTION METHODS Contractor shall provide any measures required to preserve the integrity of existing riprap that is to remain. Contractor shall restore at no additional costs any existing riprap damaged or disturbed as a result of construction. The geotextile filter fabric, bedding stone and rubble shall. be constructed in accordance with Section 514 and 530 of the Standard Specifications to the thicknesses specified by the Plans, plus or minus three inches. PAYMENT a. The work specified under this Section shall be paid for under the pay item for Rubble RipRap (Bank and Shore Protection) and the separate pay item for Bedding Stone. Geotextile filter fabric shall be included in the cost of Rubble RipRap (Bank and Shore Protection). 7:\00026,00026022.05 \D(K',. Spec :slTeeSpecGoodland012710.doe TS -6 January 2010 METHOD OF MEASUREMENT a. Rubble material shall be measured by the ton, in its surface -dry natural state. Measurement shall be by railroad scales, truck scales, or barge displacement. Weights Ehall be determined as specified in Section 534 -4.2 of the Standard Specifications. The ngineer shall approve which of the three methods, i.e., railroad weights, truck Weights, or barge displacement, is to be used. the method of truck weights is to be used, duplicates of the sworn certificates of ight. shall be furnished with each truckload of material, and presented to the job pector for his signature. Certificates of weight that do not bear the signature of the job pector will not be considered for payment. PAY QUANTITY a. The pay quantity for the work specified under this Section shall be the number of tons of �ubble.Riprap (Bank and Shore Protection), determined as specified above, actually placed and accepted. BASIS OF PAYMENT a. The quantity determined as specified above shall be paid for at the contract price per ton. 2710.aoo TS -7 January 2010 RUBBLE RIPRAP (Stone Fill) The work specified under this Section consists of the construction of a Rubble Riprap (Stone Fill on geotextile filter fabric to be placed under pile caps or to fill voids adjacent to piles. The construction of Rubble Riprap (Stone Fill) on geotextile filter fabric shall conform to the requirements of Section 514 and 530 of the Standard Specifications, as amended herein, the details and notes shown on the Plans, and, where specified herein or on the Plans, applicable drawings of the FDOT Roadway and Traffic Design Standards, current edition. MATERIALS Rubble Riprap (Stone Fill) shall consist entirely of broken stone conforming to the following requirements: a. The material shall be sound, hard angular, washed, durable rubble free of open or incipient cracks, or other structural defects, consisting broken stone with a bulk specific gravity of at least 2.30. b. The stones shall meet the following gradation requirements: • Dmas - 6 inch • D;o = 4 inch • D,,,i,, = 2 inch with smallest dimension of stone greater than 1 -1 /2 inch. C. The material shall meet the specific requirements of the following Standard Specifications section: • 530 -2.2.3 • 530 -2.2.4 Geotextile filter fabric conforming to the requirements of Section 514 of the Standard Specifications and Type D -2 Geotextile Criteria of FDO'T .Design Standards Index 199. CONSTRUCTION METHODS The geotextile filter fabric and Rubble (Stone Fill) shall be constructed in accordance with Section 514 and 530 of the Standard Specifications to the thicknesses specified by the Plans, plus or minus one inch. PAYMENT a. The work specified under this Section shall be paid for under the pay item for Rubble RipRap (Stone Fill). Geotextile filter fabric shall be included in the cost of Rubble RipRap (Stone Fill). J ,. 00026\ 00026022, 05l DOC \.SpecsCrecSpccGucdland0i2710AC TS -8 January 2010 METHOD OF MEASUREMENT a. Rubble material shall be measured by the ton, in its surface -dry natural state. Measurement shall be by railroad scales, truck scales, or barge displacement. Weights shall be determined as specified in Section 530-4.2 of the Standard Specifications. The Engineer shall approve which of the three methods, i.e., railroad weights, truck weights, or barge displacement, is to be used. If the method of truck weights is to be used, duplicates of the sworn certificates of weight shall be furnished with each truckload of material, and presented to the job inspector for his signature. Certificates of weight that do not bear the signature of the job inspector will not be considered for payment. PAY QUANTITY a. The pay quantity for the work specified under this Section shall be the number of tons of Rubble Riprap (Stone Fill), determined as specified above, actually placed and accepted. BASIS OF PAYMENT a. The quantity determined as specified above shall be paid for at the contract price per ton. J \00026%00026022.051DOC \Specs %TecSlxxGaxAand012710.doc TS -9 January 2010 BEDDING STONE The work specified under this Section consists of the furnishing and placement of Bedding Stone on geotextile fabric for use as a sub -grade material for Rubble Riprap (Bank and Shore Protection). The work will be completed adjacent to existing riprap which is to remain and shall be protected. The construction of bedding stone shall conform to the requirements of Section 530 of the Standard Specifications, as amended herein, the details and notes shown on the Plans, and, where specified herein or on the Plans, applicable drawings of the FDOT Roaahvay and Traffic Design Standards, current edition. The work specified under this Section shall include all labor, materials and equipment necessary for the placement of the bedding material. CONSTRUCTION METHODS Contractor shall provide any measures required to preserve the integrity of existing riprap that is to remain. Contractor shall restore at no additional costs any existing riprap damaged or disturbed as a result of construction. The bedding stone shall be constructed in accordance with Section 530 of the Standard ,pecifications to the thicknesses specified by the .Plans, plus or minus one inch. PAYMENT a. The work specified under this Section shall be paid for under the pay item for Bedding Stone. PAY QUANTITY a. The pay quantity for work specified under this Section shall be the number of tons of Bedding Stone actually placed and accepted. b. The tonnage to be paid for shall be detennined from batch weights, truck scale weights, or other methods approved by the Engineer. Delivery tickets, in duplicate, signed by a sworn weigher, shall accompany each load of material, and both copies shall be signed by the Engineering Inspector assigned to the project. The Contractor shall retain one copy of the delivery ticket and one copy shall be delivered to the Engineering .Inspector. The total number of tons reflected in one set of all delivery tickets signed by the Inspector shall be the measured pay quantity. BASIS OF PAYMENT a. The quantity determined as specified above, shall be paid for at the contract price per ton. 3:1, 00026` A0026022. OSIDOCL Specs�1'ecspccGoodlandO12710.dm Ts -10 January 2010 POLYMERIC MARINE MATTRESS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: Polymeric Marine Mattress system with structural geogrid, braid, mechanical connection elements and stone fill. Design details including mattress thickness shall be as shown on the Contract Drawings, on the Shop Drawings and as directed by the Engineer. Work consists of 1. .Providing system supplier representative for pre - construction conference with the Contractor and the Engineer. 2. Furnishing geogrids, braid, mechanical connection elements and stone fill materials as specified herein and shown on the Contract Drawings.. Geogrid material shall include sufficient quantities to form lifting hoops for the units. 3. Fabricating, filling and placing Polymeric Marine Mattress units in accordance with this Section and in reasonably close conformity with the lines, grades and dimensions shown on the Contract Drawings or established by the Engineer. Some pre- fabrication of the units may be accomplished prior to delivery to the site. B. Alternates: 1. Metallic materials will not be considered as an alternate to polymeric materials for the Polymeric Marine Mattress system. - 2. Alternate geogrid materials shall not be used unless submitted to the Engineer and approved in writing by the Engineer at least 7 days prior to the bid letting. The Engineer shall have absolute authority to reject or accept alternate materials based on the requirements of this Section and the Engineer's judgment. Certain material properties of the structural geogrid are critical to the fabrication, lifting and placement, and serviceability of this application. The structural geogrid must satisfy the requirements of this Section, regardless of any previous approval of the geogrid by the Owner or .Engineer for other types of applications. Coated geogrids and geogrids composed of small diameter filaments shall not be allowed for constructing Polymeric Marine Mattress units. In order to be considered, submittal packages for alternate geogrid materials must include: a. A list of 5 comparable projects, in terms of size and applications, in the United States, where the results of using the specific alternate geogrid material can be verified after a minimum of 3 years of service life. b. A sample of the alternate geogrid material and certified specification sheets. c. Recommended fabrication and installation instructions. d. Additional information as required at the discretion of the Engineer. J:`, 000261 00026022. 0AUQCL SpecsVI'a;SpceGoodland012710.do TS -1 I January 2010 1.02 REFERENCES A. American Association of State Highway and Transportation Officials (AASHTO) 1. Standard Specification for Highway Bridges (1997 Interim). B. American Society for Testing and Materials (ASTM): 1. D 1388 Flexural Rigidity (Option A). 2. D 4355 Deterioration of Geotextiles from Exposure to Ultraviolet Light and Water (Xenon -Arc Type Apparatus). 3. D 4759 Standard Practice for Determining the Specification Conformance of Geosynthetics. 4. D 5818 Practice for Obtaining Samples of Geosynthetics from a Test Section for Assessment of Installation Damage. C. Geosynthetic Institute: 1. GGI -87 Standard Test Method for Geogrid Rib Tensile Strength. 2. GG2 -87 Standard Test Method for Geogrid Junction Strength. D. U. S. Environmental Protection Agency 1. EPA9090 Compatibility Test for Wastes and Membrane Liners. E. Florida Department of Transportation 1. Standard Specifications for Road and Bridge Construction 1.03 DEFINITIONS A. Polymeric Marine Mattress - A non - metallic compartmental structure filled tightly with stone prior to installation. Filling is achieved while each unit is positioned on edge prior to installation. Units are comprised of structural geogrid, braid, and mechanical connection elements fabricated to allow placement and provide containment of aggregate fill. B. Geogrid — An integrally formed grid structure manufactured of a stress resistant high density polyethylene (HDPE) and / or polypropylene (PP) material with molecular weight and molecular characteristics which impart high resistance to: 1. Loss of load capacity or structural integrity when the geogrid is subjected to mechanical stress in .installation 2. Deformation when the geogrid is subjected to applied force in use 3. Loss of load capacity or structural integrity when the geogrid is subjected to long- term environmental stress. C. Minimum Average Roll Value — Value based on testing and determined in accordance with ASTM D 4759. 3:'A0026,,00026022.O5UX�,, .Specs \TecSpecGoudland012710.doc 'TS -I2 January 2010 D. True Tensile Modulus in Use — The ratio of tensile strength to corresponding strain (e.g. 1 %). The tensile strength is measured via GRI GG 1 as modified by AASHTO Standard Specification for Highway Bridges, 1997 Interim, using a single rib having the greater of 3 junctions or 8 inches and tested at a strain rate of 10 percent per minute based on this gauge length without deforming test materials -under load before measuring such resistance or employing "secant" or "offset" tangent methods of measurement so as to overstate tensile properties. Values shown are minimum average roll values. E. Junction Strength — Breaking tensile strength of junctions when tested in accordance with GRI GG2 as modified by AASHTO Standard Specification for Highway Bridges, 1997 Interim, using a single rib having the greater of 3 junctions or 8 inches and tested at a strain rate of 10 percent per minute based on this gauge length. Values shown are minimum average roll values. F. Flexural Stiffness (also known as Flexural Rigidity) - Resistance to bending force measured via ASTM D 5732 -95 using specimens of width two ribs wide, with transverse ribs cut flush with exterior edges of longitudinal ribs (as a "ladder "), and of length sufficiently long to enable measurement of the overhang dimension. The overall Flexural Rigidity is calculated as the square root of the product of machine - and cross- machine - direction Flexural Rigidity values. Values shown are minimum average roll values. G. Resistance to Installation Damage — Resistance to loss of load capacity or structural integrity when subjected to mechanical stress in installation measured via ASTM D 581.8 in a crushed stone classified as a poorly graded gravel with a maximum 2 inch particle size (GP). Values shown are typical values. H. Resistance to Long Term Degradation — Resistance to loss of load capacity or structural integrity when subjected to chemically aggressive environments measured via EPA 9090 immersion testing. Values shown are typical values. I. Ultraviolet Stability — The ratio of tensile strength after exposure to the tensile strength prior to exposure, with exposure per ASTM D 4355 and tensile strengths measured via GRI GG1 as discussed above for "True Tensile Modulus in Use." 1.04 SUBMITTALS A. Submit product samples of: 1. Geogrid. 2. Braid. 3. Mechanical connection elements. B. Shop Drawings — Submit details of the typical sections and connections. J:\ 00026100026022. 05\ DO LvSpccs\TccSpecGoWlaud0127Mdoc TS -13 January 2010 C. Submit geogrid product data sheet and certification from the manufacturer that the geogrid product supplied meets the requirements of sub -part 2.02 of this Section. D. Submit manufacturer's general. recommendations and instructions for fabrication., filling, installation and repair (See attached Example Polymeric Marine Mattress Installation Guide). 1.05 QUALITY ASSURANCE A. Pre - Construction Conference — Prior to the installation of the units, the Contractor shall arrange a meeting at the site with the system supplier and, where applicable, the system installer. The Owner and the Engineer shall be notified at least 3 days in advance of the time of the meeting. 1.06 DELIVERY, STORAGE, AND HANDLING A. Storage and Protection: 1. Prevent excessive mud, wet concrete, epoxy, or other deleterious materials from coming in contact with and affixing to mattress materials. 2. Store at temperatures above —20 degrees F ( -29 degrees C). 3. Rolled materials may be laid flat or stood on end. PART PRODUCTS 2.01 MANUFACTURERS A. An approved source of geogrid is Tensar Earth Technologies, Inc., Atlanta, GA or their designated representative. B. Substitutions —See sub -part 1.01C of this Section. 2.02 MATERIALS A. Structural Geogrid: 1. Unless otherwise called out on the Construction Drawings or Shop Drawings or directed by the Engineer, the structural geogrid type shall be: a. Type 1 for the internal diaphragms of the units. b. Type 2 for the top, bottom and sides of the units. 1x00026''•. 00026022. 05. 00e•: SpecsVrLeSpecGoedland012710.doc TS -14 January 2010 2. The structural geogrid shall be produced from virgin resin and classified as high density polyethylene (HDPE) and / or polypropylene (PP) and shall possess complete continuity of all properties throughout its structure. I The structural geogrid shall accept applied force in use by positive mechanical interlock (i.e. direct mechanical keying) with: a. Compacted soil or construction fill materials, b. Contiguous sections of itself when overlapped and embedded in compacted soil or construction fill materials, and c. Rigid mechanical connection elements such as bodkins, pins or hooks. 4. The structural geogrid shall have the following characteristics: PROPERTY UNITS TYPE 1 TYPE 2 True 1% Tensile kN /m (lb/ft) 750 (51,400) 1,650 (113,090) Modulus in Use (MD) Junction Strength (MD) kN /m (lb /ft) 48.60 (3,330) 100.8 (6,908) Flexural Stiffness mg -cm 670,000 6,600,000 Resistance to Installation. Damage %G.P 85 85 Resistance to Long Term Degradation % 100 100 Ultraviolet Stability (Retained Strength r@ 500 hours) % 100 100 B. Mechanical Connection Elements: 1. The mechanical connection elements shall be as shown on the Construction Drawings and Shop Drawings and shall be composed of high density polyethylene (H.DPE) and / or polypropylene (PP), unless otherwise approved by the Engineer. 2. The mechanical connection used shall be bodkin type, unless otherwise approved by the Engineer C. UV Stabilized Braid: I. The braid used for tying and lacing in the fabrication of the units shall be 8- strand hollow -core braid composed of high density polyethylene (.HDPE). Each strand shall consist of a bundle of monofilament HDPE. 2. The braid shall have a nominal diameter of not less than 3/16 inch and a breaking strength of not less than 4001bs on a test specimen 36 inches in length. J:'. 000261 00026022. 051DOC1 Specsl7'ocSpecGaalland012710.doc TS -15 January 2010 3. The braid shall be W stabilized with a minimum carbon black content of 2.0% by weight. D. Stone Fill Materials: 1. The stone fill shall be sound, hard, angular, washed durable rubble, free of open or incipient cracks or other structural defects. 2. Unless otherwise shown on the Construction Drawings or Shop Drawings or approved by the Engineer: a. The stone fill shall possess a bulk specific gravity of at least 2.30. b. The stone fill shall meet the physical requirements of Section 530 -2.2.3 of the FDOT Standard Specifications for Road and. Bridge Construction. c. The stone fill shall meet the source approval and project control requirements of Section 530 -2.2.4 of the FDOT Standard Specifications for Road and Bridge Construction. d. The minimum diameter of stone used shall be 2 inch with the smallest dimension of the stone greater than 1 -1/2 inch. The mean diameter of stone shall be 4 inch. The maximum diameter of stone used shall be 6 inches. PART 3 EXECUTION 3.01 EXAMINATION A. The Contractor shall check the geogrid, braid and :mechanical connection elements upon delivery to verify that the proper material has been received. These materials shall be inspected by the Contractor to be free of flaws or damage occurring during manufacturing, shipping, or handling. 3.02 FINAL FABRICATION AND FILLING A. Mechanical Connections - The joints where the ends and baffles of each unit join the top or bottom of the unit shall be .made with a mechanical connection between geogrid elements as shown on the Construction Drawings and Shop Drawings. B. Seaming - Unless otherwise shown on the Construction Drawings or Shop Drawings or approved by the Engineer: L All cut ends of braid material shall be knotted within 1 inch to 2 inch of the end to prevent raveling of the braid material. The braid material shall be securely knotted to the geogrid at all ends of all stitched seams, and at a spacing not to exceed 6 feet along any stitched seam. Pieces of braid material may be spliced end to end by securely knotting. !: 100026100026022. 051DOC NS)ccsCfecSNcGoodland012710.doc TS -[6 January 2010 2. The stitches along each seam shall be sufficiently tight to close the gap between the adjacent pieces of geogrid. The braid material shall be stitched through each pair of apertures along each seam at least once. The spacing of stitches shall be reasonably uniform at approximately 6 (minimum) stitches per foot along the entire length of each seam. 3. Seaming to connect adjacent units is not required. C. Filling - Unless otherwise shown on the Construction Drawings or Shop Drawings or approved by the Engineer: 1. Each unit shall be filled and the fill shall be packed while the unit is supported in an upright position resting on its side with the open side facing upward and the long direction of the compartments running vertical. Each compartment shall be filled in lifts and each lift shall be tightly packed, except the final lift. The typical lift height shall not exceed 3 feet (loose) or 2.5 feet (packed). The final lift height shall not exceed 9 inches in height and should overfill each compart ment by approximately 2. inches. 2. Packing of the stone fill material and complete filling of each compartment shall be accomplished by sodding and / or vibration... The degree of filling and packing shall be adequate to achieve complete filling as evidenced by tightly confined stone particles, tensioned interior diaphragms, snug bodkin connections, slight bulging of each compartment, and no evidence of airspace between compartments during lifting. Excessive bulging of the unit or displacement on the .interior diaphragms; such as caused by overpacking or inadequate support, shall not be allowed. 3. Lifting hoops shall be formed by joining the top and bottom Iayers of grid from each unit by means of approved mechanical connections. 4. When filling and fabrication of a unit are Complete, the unit shall be rotated to a horizontal position resting on its bottom in order to facilitate subsequent lifting. 5. Filling shall be accomplished in a manner that does not cause excessive damage to the geogrid, mechanical connection elements or the braid. 3.03 PREPARATION A. Subgrade — Prior to the commencement of construction activities, the Contractor shall assess the configuration of the cannel bottom in the vicinity of the piers and identify to Engineer any requirements for subgrade preparation. As approved by the Engineer Contractor shall prepare the subgrade as agreed upon. B. Geotextile Filter Fabric: 1. The geotextile filter fabric shall be installed as indicated on the Construction Drawings or as directed by the Engineer. 1:\00026\00026022,05kDO ;spocsVrecspeccooaiando12no.doo TS -17 January 2010 2. The Engineer may approve placing the geotextile simultaneously with the units by pre - attaching the geotextile material to each unit with provision for sufficient overlap of the geotextile. 3.04 INSTALLATION A. Position - The units shall be placed at the proper elevation, alignment and orientation as shown on the Construction Drawings or as directed by the Engineer. B. Placement Procedures: 1. The procedure used in placement of the units shall be in accordance with the recommendations of the system supplier and as approved by the Engineer. 2. For lifting of each unit, a spreader beam and / or spreader bars shall be used in a manner that the unit is not subjected to severe bending or distortion and that the top and bottom layers of geogrid are tensioned uniformly across their width. Units should generally be lifted from a horizontal position. 3. Personnel shall stay clear of the area beneath units and rigging during lifting. Tag lines and / or divers may be required to facilitate proper placement of the units. C. Splicing and Anchoring - Where applicable, splicing and / or anchoring of the units shall be accomplished as shown on the Construction Drawings, the Shop Drawings or as directed by the Engineer. 3.05 REPAIR A. Any units damaged during fabrication, filling, or installation shall be repaired in a manner approved by the Engineer or shall be replaced by the Contractor. Any such measures required shall be at no additional cost to the Owner. 3.06 PAYMENT a. The work specified under this Section shall be paid for under the pay items for Polymeric Marine Mattress. 3.07 PAY QUANTITY a. The pay quantity for work specified under this Section shall be the number of square yards of Polymeric Marine Mattress actually constructed, as authorized by the Engineer, and maintained to the satisfaction of the Engineer for the duration of the construction period. The estimated quantities may include a contingent quantity for use at such times and location as may be directed by the Engineer. 3 : %00026100026022.05'4)0C . Specs Vi'ecSpecGnoaland012710.doe TS-18 January 2010 3.08 BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per square yard. J:1,00026i00026022. 05`, DOC\ 51 xcs\TcuSpccGcx)dland012710.doc TS -19 January 2010 MISCELLANEOUS ALLOWANCE (Contingency) The proposal includes an allowance for various contingencies and contract amendments, as may be authorized by the Owner. Any amount of extra work and/or alterations to the proposed Work charged to the allowance shall be fully documented and authorized by the Engineer before the start of the work. No payment shall be made for work completed without written authorization from the Owner or Engineer. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Miscellaneous Allowance (Contingency). PAY QUANTITY a. The pay quantity for Miscellaneous Allowance (Contingency) shall be the work authorized and approved by Owner and Engineer. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per lump sum for Miscellaneous Allowance (Contingency). J: 100026 \00026022.051,DOC\ Specs 'l'ecSpecGoodlandO12710.doc TS-20 January 2010 EXAMPLE POLYMERIC MARINE MATTRESS INSTALLATION GUIDE 1:;000261 00026022. 05\ DQC `SpecstTecSpccGoodland012710_do TS -21 January 2010 w rxk� 4 ,+ V Z4 'uTr 0-d- TRITON" COASTAL & WATERWAY SYSTEMS W d L�J iii own $eels of onteri ... : 1. Introduction .. 3 2. Tools Required .................... ..........................4 3. Marine Mattress System .......... ............................... 5 3.1 Special Considerations ........... ............................... 6 3.2 Filling Preparation ............... ............................... 7 3.3 Filling and Closing ............... ............................... 9 3.4 Transporting a Filled Mattress Unit . .............................13 3.5 Lifting a Filled Mattress Unit ....... .............................15 3.6 Stacking for Stockpiling or Shipment .............................17 3.7 Mattress Placement ( Installation) ... .............................18 4. Grid Composite System ......... ............................... 20 4.1 Cutting Geogrid Strips to Required Length ........................ 20 4.2 Anchoring Trench Excavation ...... .............................21 4.3 Placement of Biaxial (BX) Grid Composite ........................ 21 4.4 Placement of Aggregate Riprap .. ............................... 22 4.5 Installation in Submerged Applications .......................... 23 5. Gabions and Gabion Mats ....... ............................... 25 5.1 Assembly ....................... .............................25 5.2 Tensioning ...................... .............................26 5.3 Fit[ Material ...................... .............................27 5.4 Fill ing ............. ............................... .........28 5.5 Internal Bracing .................. .............................29 5.6 Securing the Lid ............... ............................... 30 5.7 Completed Gabion ............. ............................... 30 5.8 Special Structures or Alterations . ............................... 31 6. Filter Mattresses .................. .............................33 6.1 Boxing-Up ....................... .............................34 6.2 Fil ling ........................... .............................35 6.3 Lifting, Handling and Placing Filled Mats ......................... 37 Introduction .... Construction in coastal areas has never been easier since the development of the Triton" Coastal & Waterway Systems from Tensar International Corporation. Because they provide durable, cost - effective solutions for applications in and around the water, Triton Systems are typically used for:* • Erosion control projects • Foundations or cores for breakwaters, groins, etc. • High - strength fills built in submerged conditions or with weak filt materials • Channel linings and bridge scour protection • Causeways, levees, dikes and bridge approach projects • Protective cover for subaqueous utilities /pipelines Assembled with advanced geogrid and geotextile materials, they can be integrated with readily available, natural rill material or vegetation to create highly resilient, flexible cells. That flexibility allows the Triton Systems to conform to land contours and irregular subgrade conditions far better than conventional solutions. And, by utilizing some unique deployment techniques, the Triton Systems can substantially reduce overall project cost when compared to conventional solutions, such as riprap. *Note: The following guide provides specifications For installing Triton Marine Mattresses, Triton Grid Composites, Triton Gabions and Triton Filter Mattresses. It cannot account for every possible scenario, but does cover most applications. If you have questions regarding a specific project, please call 800 - TENSAR -1 or visit www.tensar- internationaI.com. Marine Mattress Coastal Foundation; Riverbank and Shoreline Revetment Grid Composite Riprap /Revetment Underlayer Gabions and Gabion Mats Retention Structures; Channel Lining Filter Mattress Bedding and Filtration; Deep Water Geotextile Installation 2, Tools Required GAPIOW 1AARIt1E MATTRESS FILM MA Prefabricated Units x x x Braid (For remaining seams) x x x Additional Grid (For anchoring) X* x WIPE Bars (For splicing) x *Additional grid for anchoring provided as indicated In project plans & specifications, Stone Fill x x x Filling Frames x Geotextile Fabric X* X* Plastic Cable Ties (For temporarily securing grid or bodkins) x x Shovels (lo aid filling) x x x 1.5 in. — 2 In. Bars (For nodding stone fiIQ x Metal Snips or Shears (For cutting grid) x x x Handmade Wire Tool [To help thread braid through grid (optional)] x x x Rotary Drill with '/a In. Spade Bit, (For making holes in the HDPE bars) x Front End Loader Or moving stone and filling the units) x x x Crane or Large Backhoe (For lifting units) x x Steel Lifting Bar (6-8 ft. Iong,4 in. or larger diameter,.schedule 86) x x (For placing In the lifting hoop to lift units) Spreader Bar or I Beam (if rifting unit by both ends) with Lifting Eyes (Spreader bar /beam should typically be about the same length as the x x filled being lifted) Choker Cables, Lifting Cables, Shackles and Other General Rigging x x Winch (or Windlass and Straining Wire) x n Steel Rods (1/z in.) x Wooden Insert Frames (For filling compartments) x x *Geotextile fabric, per project plans and specifications, is available from Tensar International Corporation. The contractor may choose to procure fabric from an alternate source. Geotextile fabric is automatically included in BX rilter Mats as It is Integral to the product. K�, rti� 7°}. t s .l } -a DJS"r'z�?as��r: yk���'� -`� :r�.y,. $"J.:�.r�,:YtN�.c..: ?_st r.x• �..:a.�;.;, ..<'Si�iP6�l.�J���b�.!` ��t'�fi Figure is Prefabricated Triton Marine Mattress Units. *Note: The use of other procedures is contingent upon approval by the engineer. Unless otherwise directed by the engineer, use materials and configurations conforming to the approved shop drawings. j 1 tiQ z .a" ixar 1 •a srsrr., K�, rti� 7°}. t s .l } -a DJS"r'z�?as��r: yk���'� -`� :r�.y,. $"J.:�.r�,:YtN�.c..: ?_st r.x• �..:a.�;.;, ..<'Si�iP6�l.�J���b�.!` ��t'�fi Figure is Prefabricated Triton Marine Mattress Units. *Note: The use of other procedures is contingent upon approval by the engineer. Unless otherwise directed by the engineer, use materials and configurations conforming to the approved shop drawings. j 1 3.1 SPECIAL CONSIDERATIONS Temperature Operations involving handling of the polymer materials or mattress units should be avoided when the ambient temperature is lower than 23° F (5° Q. The polymer materials should be stored at temperatures above -20° F (290 Q. Damaged Materials If the unit is damaged, refer to the Suggested Repair Guidelines for Triton Marine Mattress supplement and consult with a Tensar Representative prior to filling, lifting or placing the unit. Stockpiling of Materials The fabricator should check the mattress materials upon receipt to verify that the proper material has been received and that the materials are free of flaws or damage occurring during manufacturing, shipping or handling. The contractor should store and protect the materials as follows: • Prevent excessive mud, wet concrete, epoxy or other deleterious materials from coming in contact with and affixing to mattress materials. • Store mattress units neatly stacked to prevent unnecessary distortion, folds, etc. • Handle the mattress units in a manner to avoid loss of bodkin rods. (Avoid dragging mattress units on hard surfaces such as asphalt and concrete) • Lay rolled materials flat or stand on end. • In colder temperatures, it is helpful to stage prefabricated mattresses indoors for 24 hours prior to filling; if possible. This helps the grid to maintain pliability and minimizes some difficulties in preparing and filling the mats. 3.2 FILLING PREPARATION When preparing to fill, it may be necessary to stitch the third long side seam of the mattress and the short seams on each end (which form the corners) together to form a long box with one side remaining open to fill. Generally speaking, it is not important which of the two long seams is selected to be the third or which is selected to be the fourth. Work Area This seaming is typically accomplished in an open area adjacent to the filling operation. The units may be leaned against light support to prop them up on edge. This allows laborers to stand and walk along one side of the unit to perform the seaming at close to shoulder height. Seaming Using the seaming techniques and procedures as shown in Figures 3 and 4, complete the third seam and the short seam on each end of it. Units may be stacked. See Figures 5 and 6. After seaming, the unit is ready for filling. Production Rates* As a rule of thumb for the third seam, two laborers can complete approximately 90 -120 linear feet of seaming per hour. For 30 -foot long mattresses, this equates to 3 -4 units per hour. *Note: Production rates herein are provided for general estimating purposes only, based on previously completed projects. This does not assure that the contractor will meet these production rates. 3.3 FILLING AND CLOSING Work Area One or more frames are typically used to accommodate the on -edge filling procedure. Vibration equipment is not considered a required feature of the filling setup; rodding by hand is generally required and more effective. The basic functions of the filling support are to: • Hold the unit safely during filling and closing, in an upright, on -edge position so that its open side faces upward. • Help guide the stone into the compartments of the unit. • Provide laborer access for rodding the stone fill and braiding the remaining seams. • Facilitate lowering the filled unit in a controlled manner to a horizontal position from which it can be lifted. Alternate support setups have been used successfully for filling (see Figure 8). Contingent on approval by the engineer, the contractor may utilize an alternate support setup, which facilitates safe and complete filling and lowering of the units without causing unacceptable damage. Side support is required. Tensioning is recommended and may reduce the amount of side support needed. When placing a mattress unit in tension during filling and lowering, avoid damage to the lifting tabs by using connections similar to those used for lifting. The separation between the sides of the filling setup should be slightly greater than the nominal thickness of the mattress. For example, when fitting a 12 -inch thick mattress, the clearance between sides should be 14 to 15 inches. Typically the filling setup should include sufficient area for the equipment to load stone from one side of the unit, white laborers work from the opposite side. Size of Stone Fill Unless otherwise directed by the engineer, the gradation of the stone flit shall conform to the project plans and specifications. The following comments are provided as suggestions to facilitate and expedite proper filling: • The average stone size should not be greater than 4 inches. • The maximum stone size should not be greater than 6 inches. If large, individual stones are hanging up in the compartments, blocking complete filling or causing excessive distortion or damage to the units, these stones should be selectively discarded prior to placement in the mattress unit. • The minimum stone size is generally 1.5 inches to 2 inches. Little or no amount of stone should fall out of a mattress unit as it is lifted and placed. Filling the Compartments The diaphragms of the mattress unit may tend to draw the unfilled compartments closed. It is often helpful to first use elastic straps or spacers to hold the main two layers of grid apart, helping to fully open the compartments for filling. Using a loader bucket (or similar) positioned slightly above the unit, drop stone fill into each compartment. See Figure 11. The filling should be staged to facilitate complete filling while avoiding excessive shoving or bowing of the diaphragms. A typical sequence is to: • Fill to half - height. • Rod each compartment. • Fill to full- height. • Rod each compartment again. • Top off with additional stone, slightly heaped ( +2 in.) above the edge. Typically, the rodding is intended to eliminate voids in the stone fill and to cause complete filling evidenced by consistent bulging of each compartment. Tight filling is important to performance in some conditions and applications, by resisting shifting of the stone fill. Generally, incomplete filling of a unit is apparent during lifting shown by unfilled air space near the edge of one or more compartments. Closing With the filled unit still supported in its upright, on -edge position, complete the fourth seam and the short seam on each end of it. Use the seaming techniques and procedures as shown in Figure 3 on page 7, Production Rates As a rule of thumb for the filling and closing stage, a crew of three laborers, plus a loader and operator, can fill a 30 -foot long unit in about 40 minutes. Geogrid lifting tabs on each end beyond filled portion of mattress Lift Tab (typical) 20 ft to 30 ft typical (filled portion) for 12 inch mattress thickness Compartment shown half - filled Top —� for illustrative purposes. Stone Fill Diaphragm Vertical Seam. Typical in the 4 comers Notes: • Ends, top, bottom, sides and any extra length used for lifting or anchoring purposes shall be composed of Tensarl UXTriton200 Geogrid. • Internal diaphragms shall be composed of Tensar UXTriton100 Geogrid. • Nominal width of units: 5 ft (filled), 4.4 ft (unfilled) • Typical thickness (filled): 12 inches (also available in 18 and 24 inch thicknesses). • Plastic cable ties may be used to secure bodkin connectors in position prior to tensioning or tilling of mattress unit. 3.4 TRANSPORTING A FILLED MATTRESS UNIT Lowering to a Horizontal Position In order to be lifted, each filled unit must be rotated from the upright position — standing on its side, down to a flat position — lying on its broad bottom. This can be accomplished by using a stable frame with a stout, hinged side, and rotating the unit by slowly lowering the side of the frame with equipment. Forming Lifting Hoops Use a bodkin connection as shown in Figure 14 to form the lifting hoop. Use cable ties (or similar) to prevent the connector piece from sliding out when tension is not applied The hoop may be configured in either of two ways (see Figures 15 and 16): • On each end of the unit, connect the pair of lifting tabs directly to each other; or • On each end of the unit, use a separate piece of the same type of grid to form a longer hoop. Connect each end of the separate piece of grid to one of the lifting tabs. (This type of hoop may be more advantageous for some conditions.) Production Rates As a rule of thumb for moving the filled unit, a crew of three laborers, plus a large backhoe or small crane, and operator can move a filled unit and place another unfilled unit in the filling setup in about five minutes. If a filling frame is not used, an additional five to ten minutes may be required to set up each unit for filling. 0 N NO o . . . . . . . . . . . Grid Lifting Tab ! �� Grid Lifting Lifting Bar Grid Lifting Tab Bodkin Connection_ Bar Connection A Bodkin mwow— Connection Grid Lifting Tab Grid Lifting Tab 3.5 LIFTING A FILLED MATTRESS UNIT The contractor is responsible for checking that the geogrid is not damaged, to provide adequate rigging and equipment, and to use safe procedures in the lifting, handling and placement of the filled mats. Uniform Loading The geogrid must be loaded uniformly across its width during lifting. This requires: The mat ends, lifting hoops and lifting bars hang in a level position during lifting. Each lifting bar is adequate enough to provide a safe hookup and to safely carry the load without bending, sagging or damaging the grid. • Each lifting bar is rigged to pivot freely with the mats. • The rigging, equipment and procedures are adequate enough to prevent excessive swinging, jerking or bouncing of the mats. Safe Distance Personnel must maintain a safe distance from the mats, rigging and equipment at all times during lifting. Tag lines (or similar) should be used as necessary to avoid personnel being in the area beneath a filled mat or the rigging during lifting. Duration of Lift No mat should be left lifted and hanging for an extended period of time.. A typical timeframe for lifting, handling and placement is five to fifteen minutes. Reuse of Luting Tails The lifting tails, or the extra length of grid sometimes used to form lifting hoops, may only be reused if they are not damaged. They should not be used for more than four lifts each. End -to -End Splicing When units are spliced together for lifting, both the top and bottom layers of the grid from the mattress should be joined by a bodkin connection as shown in Figure 14 on page 13. The overall mattress length when units are joined for lifting should not exceed the typical range as shown in Figure 13 on page 12. 3.6 STACKING FOR STOCKPILING OR SHIPMENT When stacking filled units for stockpiling or shipping, the stockpile should be limited to a stable height and should not exceed five feet — or the safe stacking height as determined by the contractor. For shipping, loads must be secured to prevent tipping or sliding of the stack or the individual units. 3.7 MATTRESS PLACEMENT (INSTALLATION) General Place the filled units (typically on a prepared subgrade and geotextile filter) as called for in the contract documents or as directed by the engineer. See Figures 20 and 21. With appropriate detailing, geotextile may be pre- attached to the filled units prior to placement. Joining Adjacent Units Side -to -side seaming of adjacent units is not typically required, but if called for, can be accomplished by using a special braid material. For steep slopes, end -to -end splicing of adjacent mats can be accomplished by using the HDPE bar to form a bodkin connection. See Figure 14 on page 13 and Figure 22 on page 19. Anchoring Units For steep, sloping installations anchoring of the units may be required. If an extra length of grid is to be used as an anchor tail, it should be spliced to the lifting tab of the mattress unit using the HDPE bar to form a bodkin connection once the mattress unit is in place. See Figure 23 on page 19. If soil anchors are used to anchor the end of the grid, then special detailing is required to distribute the load from the anchor to the grid. Contact a Tensar Representative for suggested details. Finishing Treatments Special finishing treatments, such as top- dressing with soil and seeding, grouting or pouring a concrete surface on top of the mats should be considered ahead of time. Contact a Tensar Representative for suggested details. Top and bottom layers: Bodkin *Note: The overall mattress length when units are joined for lifting connection using 1.5 inch should not exceed the typical range as shown in Figure 13. Top layer: Bodkin connection using 1.5 inch wide flat HDPE bar Bottom layer. No connection unless otherwise specified or directed by the engineer End -to -end splice of mattress in place, after lifting Figure 22: End -to -end splicing of adjacent mattress units. w Top layer. Bodkin connection using 1.5 inch wide flat HDPE bar Splicing a grid anchor tail to end of mattress P IL The Tritone Grid Composite System is specially developed for use beneath riprap and armor stone. By combining Tensaro Biaxial (BX) Geogrids with geotextile, grid composites provide an improved foundation and filtration layer for a broad range of riprap, rubble - mound and similar installations. For a complete application description, please refer to the Triton Systems Overview Brochure. 4.1 CUTTING GEOGRID .STRIPS TO REQUIRED LENGTH • Cut geogrids to lengths shown on the construction drawings.* • Using a worktable, cut the geogrid with electric shears. See Figure 25. • As each length of material is cut, mark it and tag it according to length, and stockpile it for later use.* • You may want to connect several precut geogrid strips together side -by -side using HDPE braid. See Figure 26. This step can increase the speed of subsequent geogrid placement and is most often used on large projects. *Note: The correct geogrid lengths must be used at each section according to the project design. 4.2 ANCHORING TRENCH EXCAVATION For use on grid composite slopes, excavate anchor trench as shown on the construction drawings or as directed by the engineer. See Figure 27. 4.3 PLACEMENT OF BIAXIAL (BX) GRID COMPOSITE Unless otherwise directed by the engineer, the BX Geogrid should be placed with the fabric side down, such that contact is maintained between the geotextile and the subgrade. • Form the geogrid to the configuration of the trench and place it into the trench perpendicular to the slope face. • Place a small amount of aggregate onto the geogrid to secure it in place during installation. • Place geogrid down grade of slope surface. • Adjacent geogrid strips should overlap per construction drawings. (If permitted by the project engineer, overlap may be minimized by joining the adjacent pieces using HDPE braid provided by Tensar International Corporation.) 4.4 Pt.ACEMENT OF AGGREGATE RIPRAP • Fill in anchor trench. Additional aggregate should be placed on top of the anchor trench fill aggregate according to the engineering specifications* Ali grid on top of slope must be fully covered to level as shown on construction drawings. See Figure 28. Place aggregate along side slopes. Aggregate placement should proceed from the toe of the slope and work to the top unless otherwise specified by the project engineer. Some projects may require the use of a backhoe. See Figure 29. *Note: Do not drive tracked vehicles on the uncovered geogrids. Rubber tired vehicles may be operated on top of the geogrid; however, sudden stops. excessive speed (over 15 mph) and sharp turns should be avoided. 4.5 INSTALLATION IN SUBMERGED APPLICATIONS • Cut geogrid composite to lengths shown on the construction drawings. • Construct a steel frame suitable for attachment of the geogrid composite. See Figure 31. • Use nylon cable ties to secure the geogrid composite to the steel frame. • Using appropriate machinery (crane, excavator, etc.), lower the frame with attached geogrid composite into position as indicated in the construction drawings. • Place a small amount of aggregate around the perimeter of the geogrid composite panel to secure the panel in place for the removal of the frame. • With aggregate materials in place, it should be possible to remove the frame without disturbing the geogrid composite. The nylon cable ties should break easily, releasing the composite from the frame. • Continue placing aggregate according to project plans and specifications. 41 Rats .... 5. G�3lii`# ill`): blit`� �-�: Triton'Gabions offer a durable, non - corrosive and installation- friendly alternative to conventional steel wire gabions — including those galvanized and PVC-coated. They are advantageous for a. number of earth stabilization and erosion protection applications. For a complete application description, please refer to the Triton Systems Overview Brochure. *Note: The follovving guidelines are suggested installation specifications for Tensar Gabion Baskets 1.5 feet and three Feet deep. 5.1 ASSEMBLY 1. Open and stretch the pre- fabricated gabion on a hard Flat surface. See Figure 33. 2. Raise the sides, ends and diaphragms, ensuring that all the creases are in the correct position and that the tops of all sides are even. 3. Bodkin joint, or lace, the two front face corners to the sides of the gabion. See Figure 34. 4. Lace the two remaining back - face -panel corners to the sides of the gabion, and then lace the internal diaphragms to the front and back panels. 5. To lace a gabion joint or corner, pass the cord around the two edges to be joined and tightly loop the cord twice through every aperture in turn* Tie the cord off securely, turning the cord ends to the inside of the gabion upon completion. Cord lengths for lacing should not be less than three feet nor greater than six feet. *Note: When lacing a gabion joint or corner made from small (1 in. x 1.25 in.) aperture grid it is only necessary to loop the cord once through each aperture in turn. Diaphragm panel face comer 12.0' - ,l.y,�, u- Lacing 3.0' Leave outside 2 inches - c unlaced. This is used in the ^ " bodkin joint assembly. 6. Use only the HDPE cord supplied by Tensar for all lacing* Use a curved, wire - formed "needle" to simplify the lacing operation. 7. Position the assembled gabion in the structure as required (see Figure 35). The front face of the gabion should be faced outward, such that the final lacing will be in an unexposed condition to close the top of the lid. Secure the side, or end, from which work is to proceed to either the existing work or to the temporary rods driven firmly into the ground at the corners. The rods must reach at least to the top of the gabion. 8. When placing additional gabions in the structure, lace at[ corners and diaphragm points to the preceding unit using two cord turns per aperture opening (the filling of which should be deferred to facilitate the connection, except in the case of stacked units). *Note: Ultimate tensile strength in excess of 400 lbs. and stabilized with a 2.5% carbon black. 5.2 TENSlt3NING It is essential that the sidewalls of the gabion be tensioned before fitting. With a firm anchorage, depending upon base friction, lengths of 24 to 60 feet may be tensioned simultaneously. A light winch secured to the free end of the gabion may be used to produce the necessary wall tautness and alignment. The tensioning force on each sidewall should not exceed 0.5 tons. See Figures 36 and 37 on page 27 and 28. While the gabions are under tension, securely lace together adjacent gabions along and throughout the length of all common edges (front, back, top, bottom, sides and diaphragms). Lacing should be carried out in a similar manner to that described for assembly of individual units, using just one cored turn per aperture opening. Do not release wall tension until sufficient fill has been placed to prevent wall slackening. 5.3 FILL MATERIAL Fill material shall conform to the project plans and specifications. In general, Tensar recommends that fill material should be a clean, hard, durable rock, which does not deteriorate when exposed to cycles of wetting and drying, or freezing and thawing. It should have a minimum size of 2.5 inches and a maximum size of 10 inches. A minimum of 60% of the fill must be larger than 2.5 inches with no more than 10% passing the #4 sieve. Winch mel (Max force Secure end to existing steel rod, like ibedded to suit editions 5.4 FILLING Fitting must take place while the gabion is under tension. 1. Place the fill in order to produce the minimum amount of voids. (Only the mechanical equipment approved by the engineer may be used for filling operations) • For fairface work, place select, squared rock by hand to provide a stable, dry joint with adjacent rocks. • Gabions should be overfilled by 3/A to 1.5 inches to allow for settlement. 2. Temporarily thread a'/2 in. diameter rebar through the top of the diaphragm to prevent local deformation, or bulging, of the diaphragms during filling. Or, as an alternative, stage the filling of each compartment: • For three feet deep gabions — After the first gabion compartment has been filled, fill the second compartment to 1/3 its depth, and the third compartment to 1/3 its depth. • For 1.5 feet deep gabions — After the first gabion compartment has been filled, fill the second compartment to 112 its depth. 5.5 INTERNAL BRACING To avoid excessive bulging of exposed gabion faces, internal bracing is required for three feet deep gabions. It should not be necessary for 1.5 feet deep gabions providing that a smooth curve, with an approximate three -inch eccentricity in the center of each panel, is acceptable to the engineer. When the three feet deep gabion has been filled to a depth of 1.5 feet, it should be internally braced using HDPE cord, as specified. 1. In each compartment, use two lengths of cord per exposed face — placed equidistant from the ends, and running perpendicular to the exposed face. 2. Tie the cord around two adjacent diagonal rib nodes. 3. Pull the cord horizontally, hand tie and wrap it around a pair of nodes on the opposite face. 4. Tie -off without loosening tension. 5. Filling may then continue — taking care not to damage the cord bracing. If internal bracing is required for 1.5 feet deep units, it should be fastened at mid -depth and tied in a similar manner to that described above for the three feet unit. 5.6 SECURING THE LID Once the gabion has been filled, stretch the lid tightly over the fill and temporarily secure it at the corners. Tie the lid securely along the full length of all edges, ends and diaphragms by tightly looping the cord twice through every aperture and tying off securely. The length of any continuously tied joint should not be less than three feet nor greater than six feet. Turn the knotted ends of all cords into the gabion upon completion. 5.7 COMPLETED GABION The exposed faces of the completed gabion should present a neat face and line, with minimal bulging or depressions. The gabion should have well - packed fill, tight mesh and be securely laced. See Figure 39. 5.8 SPECIAL STRUCTURES OR ALTERATIONS Where shown on the drawings, or otherwise directed by the engineer, the gabion grid may be cut, folded and laced together to form mitre joints, angles, curves or slopes to accommodate any special structure features that may be required. Odd size or shape gabions pose no special problems, if the following guidelines are adhered to: • The grid must be cleanly cut with all surplus material cut completely off and removed. • Some special corners may require the odd overlap to be neatly laced to an adjacent gabion face. • The cut edges of the grid shall be securely laced together with HDPE cord, looping tightly two turns through the aperture opening, in the manner described above. The assembly, erection, stretching, adjacent connections, filling and final lacing of the re- shaped gabions shall otherwise be carried out as described above. .�, a' t T1 .f. �{4. .,R �q� •�. � r. 'y�'!4 d P ,�i+ 1 x ` s «�` � Y4@ e�F �{ '�s+.y '>+' +SY,•s�•.h'�'8ty�` .t+"",... `�t�I..y9'�+*I, "* �.�e �. � �i�►i���"� rtt ' „�'•' �"�-�` �.'"t'�t�•i�,,�� � .a.'k` � sa` �� ,r � w A + s .,. 4 �"` •'' .+C +y y..w� R' 6`b t.,> � 9° `��'_`"''°4'[ i .S�" . '�t�`iY l" •2 ,r, a )�.. _� � • .� � . of '°��� � Ri '� �'�"' ,��` , 42 tf ? "'i ..fir a 4c k`n'b,� ^ ,�f�8 °� ♦''kS1a. 4� +,iA 4 gb3R � a J s t W t 2 F tJ , •�,�,, � j �, r� V} �.. �" e, `�S '`� j'' Spa &'`Y'! "^„q� � s�'• "�' �� �1�� �,S °�'+. .� %� 4.��y�•� P �. � �' ,.�g � ,ll' :i� § a i � �"'i ` .. 'Y'�S�Ae� -� T� �.. d} r ' &b Yy` r `d" .c.i�' + '•c'?; " ^ fin.,. �.:....,v,'- �,,;d , `r ' a�a'..•' t -+psi.:- �.'cc' zi `r,* }'♦ K�' 'x� '✓ ' f,.. i hl.q. > 6 Figure 40: As a revetment foundation, the Triton Filter Mattress provides =Y a i..;, bedding and filtration, helping to- preYentdifferential settlement. The mats also protect against scour at the Figure 41- The Triton Ater toe of the revetment Mattress System was installed i to help, improve the performance` of the se6vall protection at the Hereford Inlet Seawall project in iVorth W►ldwood,'New jersey., 6.1 BOXING -UP Work Area Lay the mats flat; this work is typically accomplished directly on the ground or in a stack of mats on the ground. If worktables are used at this stage they will need to be roughly the same size as the mats. See Figure 42. Box Up Assembly Make all the vertical seams, including seaming the sides to the ends and baffles. See Figure 43. After this point of fabrication, avoid rolling or flattening the mats.. Optional Lining or Pre Attached Geotextile Where called for, place the geotextile within the compartments or attach it to the bottom of the mats prior to filling* (Generally completed in prefabrication.) *Note: These optional details are typically reserved for special cases. 6.2 FILLING Work Area Same as boxing -up stage, except worktables are typically not an option due to the weight of the filled mats. Edge support (such as a staked board, a heavy beam or a filled mat) is suggested for the sides and ends to expedite filling. Filling may be accomplished in place if desired. Securing the Position of the Baffles Use tension or manually placed stone fill to support the baffles in an upright position, ready for filling. Wooden frames can be inserted into the compartments for support as well. See Figures 44 and 45. Filling the Compartments Dump stone in each compartment by equipment bucket or hopper manually. See Figure 46. The filling operation should be conducted in a manner to avoid folding or flattening of the baffles, sides or ends. Spread the stone fill. If sufficient care is exercised to avoid damage to the mat materials, equipment may be used for the rough spreading of stone fill within the compartments. Final spreading should be accomplished manually. The stone fill should be slightly heaped in the center of each compartment, such that the stone fill is slightly above the top of the sides, ends and baffles as shown in Figure 48. The average thickness of the mat should not exceed the nominal thickness shown on the drawings. Positioning, Splicing and Securing the Top Splice together the flaps of the main piece of grid over the top of the mat to form the top layer of grid. See Figure 47. Leaving sufficient length for the lifting hoop on each end of the mat, seam the ends, sides and baffles to the top. See Figure 49 on page 37. The top should be pulled down snugly against the stone fill such that the grid is reasonably taut and each mat is reasonably free of unfilled spaces. See Figures 50 and 51 on page 37. 6.3 LIFTING, HANDLING AND PLACING FILLED MATS 1. Place the filled mats (typically on a prepared subgrade) as called for in the contract documents or as directed by the engineer. 2. The contractor is responsible for providing adequate rigging and equipment, and to use safe procedures in the lifting, handling and placement of the filled mats. See Figure 52. 3. The geogrid must be loaded uniformly during lifting. This requires that: • The mat ends, lifting hoops and lifting bars hang in a level and horizontal position during lifting. • Each lifting bar is rigged to pivot freely with the mats. • Each lifting bar is adequate to safely carry the, load without bending or sagging. • The rigging, equipment and procedures are adequate to prevent excessive swinging or jostling of the mats. 4. Personnel must maintain a safe distance from the mats, rigging and equipment at all times during lifting. Personnel should never be in the area beneath a filled mat during lifting. Tag lines should be used to help guide and position the mats during installation. 5. No mat should be left hanging in the lifting position for an extended period of time. A typical timeframe for lifting, handling and placement is considered to be five to fifteen minutes. Riggi liftin 20 R Typical One -Ended Lift OK 6.5 ft 6 inches Distance approximately equal to mat length Typical Two -Ended Lift Point General Notes. • Lifting bar, rigging and handling must be suitable to distribute the lifting loads uniformly to the geogdd. Lifting apparatus to be proposed by contractor. Handling and lifting of grid materials and mattresses shall be avoided when the ambient temperature is lower than 5 degrees below zero, C. • Stone - filled compartments shall be formed by the use of internal baffles across each mat at a maximum spacing of approximately 2 feet. • All exterior sides and interior baffles and lifting hoops shall be formed with Tensar BX1500 grid. • See the Project Specifications regarding stone fill materials. • Filling shall be accomplished such that the average thickness of each mattress does not exceed 6 inches. NOT TO SCALE Figure 52: Typical configuration of filled Triton BX Filter Mattress Units. Authorized - Representative: i i i i 1 02007, Tensar International Corporation, Limited LLC, Inc. Certain products and,!or applications described or illustrated herein are protected under one or more U.S. patents. Other U.S. patents are pending, and certain foreign patents and patent applications may also exist. Trademark rights also apply as indicated herein. Final determination of the suitability of any information or material for the use contemplated, and its manner of use, is the sole responsibility of the user. Printed in the U.SA. TRITON_I15_6.07 POLYMERIC MARINE MATTRESS PART GENERAL 1.01 SUMMARY A. Section Includes: Polymeric Marine Mattress system with structural geogrid, braid, mechanical connection elements and stone fill. Design details including mattress thickness shall be as shown on the Contract Drawings, on the Shop Drawings and as directed by the Engineer. Work consists of 1. Providing system supplier representative for pre - construction conference with the Contractor and the Engineer. 2. Furnishing geogrids, braid, mechanical connection elements and stone fill materials as specified herein and shown on the Contract Drawings. Geogrid material shall include sufficient quantities to form lifting hoops for the units. 3. Fabricating, filling and placing Polymeric Marine Mattress units in accordance with this Section and in reasonably close conformity with the lines, grades and dimensions shown on the Contract Drawings or established by the Engineer. Some pre - fabrication of the units may be accomplished prior to delivery to the site. B. Alternates: 1. Metallic materials will not be considered as an alternate to polymeric materials for the Polymeric Marine Mattress system. 2. Alternate geogrid materials shall not be used unless submitted to the Engineer and approved in writing by the Engineer at least 7 days prior to the bid letting. The Engineer shall have absolute authority to reject or accept alternate materials based on the requirements of this Section and the Engineer's judgment. Certain material properties of the structural geogrid are critical to the fabrication, lifting and placement, and serviceability of this application. The structural geogrid must satisfy the requirements of this Section, regardless of any previous approval of the geogrid by the Owner or Engineer for other types of applications. Coated geogrids and geogrids composed of small diameter filaments shall not be allowed for constructing Polymeric Marine Mattress units. In order to be considered, submittal packages for alternate geogrid materials must include: a. A list of 5 comparable projects, in terms of size and applications, in the United States, where the results of using the specific alternate geogrid material can be verified after a minimum of 3 years of service life. b. A sample of the alternate geogrid material and certified specification sheets. c. Recommended fabrication and installation instructions. d. Additional information as required at the discretion of the Engineer. J:\ 00026\ 00026022. 05\ DOC \Specs\TecSpecGoodland01271Moo TS-11 January 2010 1.02 REFERENCES A. American Association of State Highway and Transportation Officials (AASHTO) 1. Standard Specification for Highway Bridges (1997 Interim). B. American Society for Testing and Materials (ASTM): 1. D 1388 Flexural Rigidity (Option A). 2. D 4355 Deterioration of Geotextiles from Exposure to Ultraviolet Light and Water (Xenon -Arc Type Apparatus). 3. D 4759 Standard Practice for Determining the Specification Conformance of Geosynthetics. 4. D 5818 Practice for Obtaining Samples of Geosynthetics from a Test Section for Assessment of Installation Damage. C. Geosynthetic Institute: 1. GG1-87 Standard Test Method for Geogrid Rib Tensile Strength. 2. GG2 -87 Standard Test Method for Geogrid Junction Strength. D. U. S. Environmental Protection Agency 1. EPA9090 Compatibility Test for Wastes and Membrane Liners. E. Florida Department of Transportation 1. Standard Specifications for Road and Bridge Construction 1.03 DEFINITIONS A. Polymeric Marine Mattress - A non - metallic compartmental structure filled tightly with stone prior to installation. Filling is achieved while each unit is positioned on edge prior to installation. Units are comprised of structural geogrid, braid, and mechanical connection elements fabricated to allow placement and provide containment of aggregate fill. B. Geogrid — An integrally formed grid structure manufactured of a stress resistant high density polyethylene (HDPE) and / or polypropylene (PP) material with molecular weight and molecular characteristics which impart high resistance to: 1. Loss of load capacity or structural integrity when the geogrid is subjected to mechanical stress in installation 2. Deformation when the geogrid is subjected to applied force in use 3. Loss of load capacity or structural integrity when the geogrid is subjected to long- term environmental stress. C. Minimum Average Roll Value — Value based on testing and determined in accordance with ASTM D 4759. J;\ 00026 \00026022.05\DOC\ Specs \TecSpecCoodland012710.doc TS-12 January 2010 D. True Tensile Modulus in Use — The ratio of tensile strength to corresponding strain (e.g. 1 %). The tensile strength is measured via GRI GGl as modified by AASHTO Standard Specification for Highway Bridges, 1997 Interim, using a single rib having the greater of 3 junctions or 8 inches and tested at a strain rate of 10 percent per minute based on this gauge length without deforming test materials under load before measuring such resistance or employing "secant" or "offset" tangent methods of measurement so as to overstate tensile properties. Values shown are minimum average roll values. E. Junction Strength — Breaking tensile strength of junctions when tested in accordance with GRI GG2 as modified by AASHTO Standard Specification for Highway Bridges, 1997 Interim, using a single rib having the greater of 3 junctions or 8 inches and tested at a strain rate of 10 percent per minute based on this gauge length. Values shown are minimum average roll values. F. Flexural Stiffness (also known as Flexural Rigidity) - Resistance to bending force measured via ASTM D 5732 -95 using specimens of width two ribs wide, with transverse ribs cut flush with exterior edges of longitudinal ribs (as a "ladder "), and of length sufficiently long to enable measurement of the overhang dimension. The overall Flexural Rigidity is calculated as the square root of the product of machine- and cross - machine - direction Flexural Rigidity values. Values shown are minimum average roll values. G. Resistance to Installation Damage — Resistance to loss of load capacity or structural integrity when subjected to mechanical stress in installation measured via ASTM D 5818 in a crushed stone classified as a poorly graded gravel with a maximum 2 inch particle size (GP). Values shown are typical values. H. Resistance to Long Term Degradation — Resistance to loss of load capacity or structural integrity when subjected to chemically aggressive environments measured via EPA 9090 immersion testing. Values shown are typical values. I. Ultraviolet Stability — The ratio of tensile strength after exposure to the tensile strength prior to exposure, with exposure per ASTM D 4355 and tensile strengths measured via GRI GGl as discussed above for "True Tensile Modulus in Use." 1.04 SUBMITTALS A. Submit product samples of. 1. Geogrid. 2. Braid. 3. Mechanical connection elements. B. Shop Drawings — Submit details of the typical sections and connections. J:\ 00026 \00026022.05\DOC\ Specs \TecSpecCoodland012710.doc TS -13 January 2010 C. Submit geogrid product data sheet and certification from the manufacturer that the geogrid product supplied meets the requirements of sub -part 2.02 of this Section. D. Submit manufacturer's general recommendations and instructions for fabrication, filling, installation and repair (See attached Example Polymeric Marine Mattress Installation Guide). 1.05 QUALITY ASSURANCE A. Pre - Construction Conference — Prior to the installation of the units, the Contractor shall arrange a meeting at the site with the system supplier and, where applicable, the system installer. The Owner and the Engineer shall be notified at least 3 days in advance of the time of the meeting. 1.06 DELIVERY, STORAGE, AND HANDLING A. Storage and Protection: 1. Prevent excessive mud, wet concrete, epoxy, or other deleterious materials from coming in contact with and affixing to mattress materials. 2. Store at temperatures above 20 degrees F ( -29 degrees Q. 3. Rolled materials may be laid flat or stood on end. PART 2 PRODUCTS 2.01 MANUFACTURERS A. An approved source of geogrid is Tensar Earth Technologies, Inc., Atlanta, GA or their designated representative. B. Substitutions — See sub -part 1.01C of this Section. 2.02 MATERIALS A. Structural Geogrid: 1. Unless otherwise called out on the Construction Drawings or Shop Drawings or directed by the Engineer, the structural geogrid type shall be: a. Type 1 for the internal diaphragms of the units. b. Type 2 for the top, bottom and sides of the units. B00026 \00026022.05\DOC\ Specs \TecSpecGoodfand012710.doc TS -14 January 2010 2. The structural geogrid shall be produced from virgin resin and classified as high density polyethylene (HDPE) and / or polypropylene (PP) and shall possess complete continuity of all properties throughout its structure. 3. The structural geogrid shall accept applied force in use by positive mechanical interlock (i.e. direct mechanical keying) with: a. Compacted soil or construction fill materials, b. Contiguous sections of itself when overlapped and embedded in compacted soil or construction fill materials, and c. Rigid mechanical connection elements such as bodkins, pins or hooks. 4. The structural geogrid shall have the following characteristics: PROPERTY UNITS TYPE 1 TYPE 2 True 1% Tensile Modulus in Use (MD) kN /m (lb /ft) 750 (51,400) 1,650 (113,090) Junction Strength (MD) Mtn (lb /ft) 48.60 (3,330) 100.8 (6,908) Flexural Stiffness mg -cm 670,000 6,600,000 Resistance to Installation Damage %GP 85 85 Resistance to Long Term Degradation % 100 100 Ultraviolet Stability (Retained Strength @ 500 hours) % 100 100 B. Mechanical Connection Elements: 1. The mechanical connection elements shall be as shown on the Construction Drawings and Shop Drawings and shall be composed of high density polyethylene (HDPE) and / or polypropylene (PP), unless otherwise approved by the Engineer. 2. The mechanical connection used shall be bodkin type, unless otherwise approved by the Engineer C. W Stabilized Braid: 1. The braid used for tying and lacing in the fabrication of the units shall be 8 -strand hollow -core braid composed of high density polyethylene (HDPE). Each strand shall consist of a bundle of monofilament HDPE. 2. The braid shall have a nominal diameter of not less than 3/16 inch and a breaking strength of not less than 400 lbs on a test specimen 36 inches in length. J:\ 00026\ 00026022. 05\DOC\Specs \TccSpecGoodland012710.doc TS'-15 January 2010 3. The braid shall be UV stabilized with a minimum carbon black content of 2.0% by weight. D. Stone Fill Materials: 1. The stone fill shall be sound, hard, angular, washed durable rubble, free of open or incipient cracks or other structural defects. 2. Unless otherwise shown on the Construction Drawings or Shop Drawings or approved by the Engineer: a. The stone fill shall possess a bulk specific gravity of at least 2.30. b. The stone fill shall meet the physical requirements of Section 530 -2.2.3 of the FDOT Standard Specifications for Road and Bridge Construction. c. The stone fill shall meet the source approval and project control requirements of Section 530 -2.2.4 of the FDOT Standard Specifications for Road and Bridge Construction. d. The minimum diameter of stone used shall be 2 inch with the smallest dimension of the stone greater than 1 -1/2 inch. The mean diameter of stone shall be 4 inch. The maximum diameter of stone used shall be 6 inches. PART 3 EXECUTION 3.01 EXAMINATION A. The Contractor shall check the geogrid, braid and mechanical connection elements upon delivery to verify that the proper material has been received. These materials shall be inspected by the Contractor to be free of flaws or damage occurring during manufacturing, shipping, or handling. 3.02 FINAL FABRICATION AND FILLING A. Mechanical Connections -The joints where the ends and baffles of each unit join the top or bottom of the unit shall be made with a mechanical connection between geogrid elements as shown on the Construction Drawings and Shop Drawings. B. Seaming - Unless otherwise shown on the Construction Drawings or Shop Drawings or approved by the Engineer: 1. All cut ends of braid material shall be knotted within 1 inch to 2 inch of the end to prevent raveling of the braid material. The braid material shall be securely knotted to the geogrid at all ends of all stitched seams, and at a spacing not to exceed 6 feet along any stitched seam. Pieces of braid material may be spliced end to end by securely knotting. J:\00026\00026022.05\DOC\ Specs \TecSpecCoodland012710.doc TS -16 January 2010 2. The stitches along each seam shall be sufficiently tight to close the gap between the adjacent pieces of geogrid. The braid material shall be stitched through each pair of apertures along each seam at least once. The spacing of stitches shall be reasonably uniform at approximately 6 (minimum) stitches per foot along the entire length of each seam. 3. Seaming to connect adjacent units is not required. C. Filling - Unless otherwise shown on the Construction Drawings or Shop Drawings or approved by the Engineer: 1. Each unit shall be filled and the fill shall be packed while the unit is supported in an upright position resting on its side with the open side facing upward and the long direction of the compartments running vertical. Each compartment shall be filled in lifts and each lift shall be tightly packed, except the final lift. The typical lift height shall not exceed 3 feet (loose) or 2.5 feet (packed). The final lift height shall not exceed 9 inches in height and should overfill each compartment by approximately 2 inches. 2. Packing of the stone fill material and complete filling of each compartment shall be accomplished by rodding and / or vibration. The degree of filling and packing shall be adequate to achieve complete filling as evidenced by tightly confined stone particles, tensioned interior diaphragms, snug bodkin connections, slight bulging of each compartment, and no evidence of air space between compartments during lifting. Excessive bulging of the unit or displacement on the interior diaphragms, such as caused by overpacking or inadequate support, shall not be allowed. 3. Lifting hoops shall be formed by joining the top and bottom layers of grid from each unit by means of approved mechanical connections. 4. When filling and fabrication of a unit are complete, the unit shall be rotated to a horizontal position resting on its bottom in order to facilitate subsequent lifting. 5. Filling shall be accomplished in a manner that does not cause excessive damage to the geogrid, mechanical connection elements or the braid. 3.03 PREPARATION A. Subgrade — Prior to the commencement of construction activities, the Contractor shall assess the configuration of the cannel bottom in the vicinity of the piers and identify to Engineer any requirements for subgrade preparation. As approved by the Engineer Contractor shall prepare the subgrade as agreed upon. B. Geotextile Filter Fabric: 1. The geotextile filter fabric shall be installed as indicated on the Construction Drawings or as directed by the Engineer. J. \00026 \00026022.05\DOC\ Specs \TecSpecOoodland012710.doo TS -17 January 2010 2. The Engineer may approve placing the geotextile simultaneously with the units by pre - attaching the geotextile material to each unit with provision for sufficient overlap of the geotextile. 3.04 INSTALLATION A. Position - The units shall be placed at the proper elevation, alignment and orientation as shown on the Construction Drawings or as directed by the Engineer. B. Placement Procedures: 1. The procedure used in placement of the units shall be in accordance with the recommendations of the system supplier and as approved by the Engineer. 2. For lifting of each unit, a spreader beam and / or spreader bars shall be used in a manner that the unit is not subjected to severe bending or distortion and that the top and bottom layers of geogrid are tensioned uniformly across their width. Units should generally be lifted from a horizontal position. 3. Personnel shall stay clear of the area beneath units and rigging during lifting. Tag lines and / or divers may be required to facilitate proper placement of the units. C. Splicing and Anchoring - Where applicable, splicing and / or anchoring of the units shall be accomplished as shown on the Construction Drawings, the Shop Drawings or as directed by the Engineer. 3.05 REPAIR A. Any units damaged during fabrication, filling, or installation shall be repaired in a manner approved by the Engineer or shall be replaced by the Contractor. Any such measures required shall be at no additional cost to the Owner. 3.06 PAYMENT a. The work specified under this Section shall be paid for under the pay items for Polymeric Marine Mattress. 3.07 PAY QUANTITY a. The pay quantity for work specified under this Section shall be the number of square yards of Polymeric Marine Mattress actually constructed, as authorized by the Engineer, and maintained to the satisfaction of the Engineer for the duration of the construction period. The estimated quantities may include a contingent quantity for use at such times and location as may be directed by the Engineer. J: \00026 \00026022,05\DOC\ Specs \TecSpecGoodland01271Moe TS -18 January 2010 3.08 BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per square yard. 1:\00026\ 00026022. 05\ DOC1Specs \TecSpecGoodland01271Moo TS -19 January 2010 • SFWMD • USACOE • USCG EXHIBIT K PERMITS Provided in Separate File GC- CA -M -1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE PERMIT NO. 11- 03089 -P DATE ISSUED: DECEM t. PERMITTEE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (GOODLAND BRIDGE REPAIRS AND SCOUR REMEDIATION) 3301 S TAMIAMI TRAIL EAST. NAPLES, FL 34112 _ f PROJECT DESCRIPTION: CONSTRUCTION AND OPERATION OF A 1.30 ACRE BRIDGE REPAIR AND SCOUR REMEDIATION IMPROVEMENT PROJECT KNOWN AS GOODLAND BRIDGE REPAIRS AND SCOUR RFMRrnnT1r)M PROJECT LOCATION: PERMIT DURATION: COLLIER COUNTY SECTION 13 TWP 52S RGE 26E See Special Condition No: 1. See attached Rule 40E- 4.321, Florida Administrative Code. This is to notify you of the District's agency action concerning Permit Application No. 090220 -23, dated January 23, 2009. This action is taken pursuant to the provisions of Chapter 373, Part IV, Florida Statutes (F.S.), and the Operation Agreement Concerning Regulation Under Part IV, Chapter 373 F.S., between South Florida Water Management District and the Department of Environmental Protection. Based on the Information provided, District rules have been adhered to and an Environmental Resource Permit Modification is in effect for this project subject to: 1. Not receiving a filed request for an administrative hearing pursuant to Section 120.5 and Section 120.569, or request a judicial review pursuant Section 120.68, Florida Statutes. 2. The attached 19 General Conditions. 3. The attached 17 Special Conditions. 4. The attached 3 Exhibits. Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Should you wish to object to the proposed agency action or file a petition, please provide written objections, petitions and /or waivers to: Elizabeth Veguilla, Deputy Clerk, MSC4240 South Florida Water Management District Post Office Box 24680 West Palm Beach, FL 33416 -4680 Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights ", we will assume that you concur with the District's action. CERTIFICATION OF SERVICE I HEREBY CERTIFY that the Staff Report, Conditions and Notice of Rlghts have been mailed to the Permittee (and the persons listed on the attached staff report distribution list) no later than 5:00 p.m. on this 17th day of December, 2009, in accordance with Section 120.60(3), Florida Statutes, and a copy has been filed and acknowledged with the Deputy District Clerk. ORIGINAL SIGNED BY By ELIZABETH VEGUILLA DEPUTY CLERK SOUTH FLORIDA WATER MANAGEMENT DISTRICT Attachments CERTIFIED MAIL# 70032260000719139145 PAGE 1 OF 7 PERMIT NO: 11- 03089 -P PAGE 2 OF 7 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on December 16, 2014. 2. Operation of the surface water management system shall be the responsibility of the permittee. 3. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 4. Measures shall be taken during construction to insure that sedimentation and /or turbidity violations do not occur in the receiving water. 5. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 6. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 7. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 8. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 9. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 10. The permittee acknowledges, that pursuant to Rule 40E- 4.101(2), F.A.C., a notice of Environmental Resource or Surface Water Management Permit may be recorded in the county public records. Pursuant to the specific language of the rule, this notice shall not be considered an encumbrance upon the property. 11. If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at (850) 245 -6333 or (800) 847 -7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and /or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes. 12. The permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit No. 2.1) and on the applicable approved construction drawings for the duration of the project's construction activities. 13. The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injuries to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. PERMIT NO: 11- 03089 -P PAGE 3 OF 7 b. All vessels associated with the construction project shall operate at "Idle Speed /No Wake" at all times while in the immediate area and while In water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on -site project personnel are responsible for observing water - related activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1 -888- 404 -FWCC. Collision and /or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1- 904 -232 -2580) for north Florida or Vero Beach (1- 772 - 562 -3909) for south Florida. f. Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area must be posted. A second sign measuring at least 81/2" by 11" explaining the requirements for "Idle Speed /No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water- related activities. 14. A water quality monitoring program shall be implemented as outlined below: Turbidity expressed in nephelometric turbidity units (ntu). Background samples shall be taken 200 feet upstream of any construction activity within adjacent surface waters. Compliance samples shall be taken 200 feet downstream. Samples shall be taken twice daily, with at least a four -hour interval, during all work authorized by this permit. Monitoring shall begin on the first day of construction for all activities within or adjacent to surface waters. The monitoring data must demonstrate that turbidity 200 feet downstream of all proposed activities is less than or equal to 0 NTU's above natural background turbidity (or meets OFW standards) and 200 feet upstream of each proposed activity for a period of 7 consecutive days after completion of construction. If monitoring shows such levels to be exceeded, construction shall cease and District compliance staff shall be notified immediately. Work shall not resume until District staff is satisfied that adequate corrective measures have been taken and turbidity has returned to acceptable levels. All monitoring data shall be maintained on site and be available to District staff during regular business hours. The content of the data shall include: 1) permit and application number; (2) dates of sampling and analysis; (3) statement describing the methods used in collection, handling, storage and analysis of the samples; (4) a map indicating the sampling locations and (5) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data. Monitoring reports shall also include the following information for each sample that is taken: (a) time of day samples taken; (b) depth of water body; (c) depth of samples; (d) antecedent weather conditions; (e) wind direction and velocity; (f) direction of tide. PERMIT NO: 11- 03089 -P PAGE 4 OF 7 15. At the time of application for construction approval, additional wildlife surveys shall be performed to demonstrate that no listed species resources are present which may be adversely impacted by the proposed construction activities. 16. The exhibits and special conditions in this permit apply only to this application. They do not supersede or delete any requirements for other applications covered in Permit No. 11- 03089 -P unless otherwise specified herein. 17. Silt screens, hay bales, turbidity screens /barriers or other such sediment control measures shall be utilized during construction. The selected sediment control measures shall be installed prior to the commencement of construction in or adjacent to other surface waters in accordance with Exhibit No. 3.4 and shall remain in place until all adjacent construction is completed. All areas shall be stabilized and vegetated immediately after construction to prevent erosion into the surface waters. PERMIT NO: 11- 03089 -P PAGE 5 OF 7 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project - specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource /Surface Water Management Permit Construction Completion /Certification Form Number 0881A, or Environmental Resource /Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No, 0881 B, incorporated by reference in Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built' or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. r. The operation phase of this permit shall not become effective; until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved PERMIT NO: 11- 03089 -P PAGE 6 OF 7 responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E -4 or Chapter 40E -40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. PERMIT NO: 11- 03089 -P PAGE 7 OF 7 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. ENVIRONMENTAL RESOURCE PERMITS CHAPTER 40E -4 40E -4.321 Duration of Permits (1) Unless revoked or otherwise modified the duration of an environmental resource permit issued under this chapter or Chapter 40E -40, F.A.C., is as follows: (a) For a conceptual approval, two years from the date of issuance or the date Environmental Resource Permits - Chapter 40E -4 Effect: November 11, 200926 — (40F. -4) specified as a condition of the permit, unless within that period an application for an individual or standard general permit is filed for any portion of the project. If an application for an environmental resource permit is filed, then the conceptual approval remains valid until final action is taken on the environmental resource permit application. If the application is granted, then the conceptual approval is valid for an additional two years from the date of issuance of the permit. Conceptual approvals which have no individual or standard general environmental resource permit applications filed for a period of two years shall expire automatically at the end of the two year period. (b) For a conceptual approval filed concurrently with a development of regional impact (DRI) application for development approval (ADA) and a local government comprehensive plan amendment, the duration of the conceptual approval shall be two years from whichever one of the following occurs at the latest date: 1. The effective date of the local government's comprehensive plan amendment, 2. The effective date of the local government development order, 3. The date on which the District issues the conceptual approval, or 4. The date on which the District issues a final order pertaining to the resolution of any Section 120.57, F.S., administrative proceeding or other legal appeals. (c) For an individual or standard general environmental resource permit, the construction phase authorizing construction, removal, alteration or abandonment of a system shall expire five years from the date of issuance or such amount of time as made a condition of the permit. (d) For an individual or standard general environmental resource permit, the operational phase of the permit is perpetual for operation and maintenance. (e) For a noticed general permit issued pursuant to Chapter 40E -400, F.A.C., five years from the date the notice of intent to use the permit is provided to the District. (2)(a) Unless prescribed by special permit condition, permits expire automatically according to the tinreframes indicated in this rule. If application for extension is made by electronic mail at the District's ePermitting website or in writing pursuant to subsection (3), the permit shall remain in full force and effect until: 1. The Governing Board takes action on an application for extension of an individual permit, or 2. Staff takes action on an application for extension of a standard general permit. (b) Installation of the project outfall structure shall not constitute a vesting of the permit. (3) The permit extension shall be issued provided that a permittee files a written request with the District showing good cause prior to the expiration of the permit. For the purpose of this rule, good cause shall mean a set of extenuating circumstances outside of the control of the permittee. Requests for extensions, which shall include documentation of the extenuating circumstances and how they have delayed this project, will not be accepted more than 180 days prior to the expiration date. (4) Substantial modifications to Conceptual Approvals will extend the duration of the Conceptual Approval for two years from the date of issuance of the modification. For the purposes of this section, the term "substantial modification" shall mean a modification which is reasonably expected to lead to substantially different water resource or environmental impacts which require a detailed review. (5) Substantial modifications to individual or standard general environmental Environmental Resource Permits Chapter 40E -4 Effect: November 11, 2009 27 — (40E -4) resource permits issued pursuant to a permit application extend the duration of the permit for three years from the date of issuance of the modification. Individual or standard general environmental resource permit modifications do not extend the duration of a conceptual approval. (6) Permit modifications issued pursuant to paragraph 40E- 4.331(2)(b), F.A.C. (letter modifications) do not extend the duration of the permit. (7) Failure to complete construction or alteration of the surface water management system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization in order to continue construction unless a permit extension is granted. Specific Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS Law linptemented 373.413, 373.416, 373.419, 373.426, 668.003, 668.004, 668.50 FS. History -New 9 -3 -81, Amended 1- 31 -82, 12 -1 -82, Fornterty 16K- 4.07(4), Amended 7 -1 -86, 4-20-94,10-3-95,5-26-00, 10 -1 -06 NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's ( SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand - delivery or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. • Filings by hand - delivery must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by facsimile must be transmitted to the SFWMD Clerk's Office at (561) 662 -6010. Pursuant to Subsections 28- 106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document. Rev. 07/01/2009 Initiation of an Administrative Hearing Pursuant to Rules 28- 106.201 and 28- 106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by t I inch white paper. All petitions shall contain: 1. identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for extension of time, shall toll the running of the time period for filing a petition until the request is acted upon. If the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28- 106.111, Fla. Admin. Code, unless otherwise provided by taw. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28- 106.111 and 28- 106.401 -.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev. 07/0112009 2 erp_staff_report. rdf Last Date For Agency Action: January 24, 2010 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Goodland Bridge Repairs And Scour Remediation Permit No.: 11- 03089 -P Application No.: 090220 -23 Application Type: Environmental Resource (New Construction /Operation) Location: Collier County, S13/T52S/R26E Permittee : Collier County Board Of County Commissioners Operating Entity : Collier County Board Of County Commissioners Project Area: 1.30 acres Project Land Use: Other FINAL APPROVED BY EXECUTIVE DIRECTOR DECEMBER 16, 2009 Drainage Basin: GULF OF MEXICO Sub Basin: ROOKERY BAY Receiving Body: Rookery Bay Aquatic Preserve Class: LASS 11 Special Drainage District: NA Total Acres Wetland Onsite: .01 Total Acres Wetland Preserved Onsite: .01 Total Acres Presv /Mit Compensation Onsite: .01 Conservation Easement To District: No Sovereign Submerged Lands: No Type: Easement PROJECT PURPOSE; This application is a request for an Environmental Resource Permit to authorize Construction and Operation of a 1.30 acre bridge repair and scour remediation improvement project known as Goodland Bridge Repairs and Scour Remediation. App.no.: 080220 -23 Page 1 of 12 erp_staff_report.rdf PROJECT EVALUATION: PROJECT SITE DESCRIPTION: The 1.30 acre site is located at the existing bridge over Marco Channel on San Marco Road east of Goodland Drive, in Collier County, Florida. The bridge crosses an existing marked navigational channel which is located in the Rookery Bay Aquatic Preserve. A site location map is attached as Exhibit 1.0. There are no permitted surface water management facilities within the project area. The site contains coastal shoreline of mangrove forest in the wetlands. In the uplands the area is comprised of low residential density and commercial areas. There are no wetlands affected by the proposed project. A map depicting the land uses and vegetative communities is attached as Exhibit 3.0. PROPOSED PROJECT: This applicant proposes the Construction and Operation of a 1.30 acre bridge repair and scour remediation improvement project known as Goodland Bridge Repairs and Scour Remediation. The construction includes the placement of 0.11 acres of marine mattresses around existing bridge pilings where scour has occurred, and placing 0.05 acres of additional riprap around the eastern bridge abutment (STA. 287 +26.00). There are no proposed changes to the existing bridge deck. No other improvements are authorized under this application. Site plans and section sheets are attached as Exhibit 2.0. LAND,USE: Construction: Project: Open Water Other Pervious Total: WATER:QUANTITY : Discharge Rate: Total Project 1,14 acres .11 acres .05 acres 1.30 Discharge from the bridge structure will remain as currently constructed no additional discharge will occur with this application. WATER QUALITY.- Best Management Practices will be used during construction. The applicant will use floating and staked turbidity barriers. Staked turbidity barriers will be placed around mangrove areas. The floating turbidity barriers will be used for the placement of the marine mattress and the barriers will be weighted down to prevent lifting off the bottom. Monitoring for turbidity around the work areas will be taken twice a day. The barriers will advance as the marine mattresses are installed to prevent obstruction to navigation and to not impound any water dependent species such as the West Indian Manatee. Turbidity levels shall be at zero Nephelometric Turbidity Units (NTU's). Should NTU's go above zero due to failure of the turbidity barriers, construction shall immediately cease for at least 24 hours or until turbidity has settled. Please refer to Special Condition No. 14, Exhibits 2.0 and 3.2. App.no.: 090220 -23 Page 2 of 12 erp_staff_report.rdf WETLANDS: The project area is within Rookery Bay and is Class III Outstanding Florida Water (OFW). Sovereign Submerged Lands are below the mean high water line (MHWL). The Benchmarch and Datum elevations are from Tide Station Number: 872 -4979 (Date: 08- 22- 2003). The shoreline surrounding the east and west ends of the bridge consist primarily of wetland mangrove forests intermixed with tropical hardwoods and development. There are existing remnants of the former bridge under the current bridge. Red mangroves are dominant; however there are black mangroves and few scattered white mangroves on the shoreline and on the mangrove island adjacent to the project area. The aquatic bottom within the immediate upstream and downstream areas consists of mud bottom and mud flats. The mud flats serve as avian foraging areas for wading bird species. The mudflats are outside of the project area. No sea grasses were observed which was verified by District staff. A small clump of oysters was present near the east side of the bridge and are also colonized on the bridge supports. An isolated patch consisting of 0.01 acres of red mangrove located just northeast is within the project limits and will not be impacted by the project. A mangrove island is just south of the center of the bridge and is not within the project area. Soils consist of Urban land- Aquents complex with an organic substratum and Durbin and Wulfurt muck. Please refer to FLUCCs Exhibit 3.0. Wetland Inventory: CONSTRUCTION Site slteI Id Type;'._._._..._ -- �_ -- -- ...... Pre- - -- -- NEW - GOODLAND BRIDGE Pre - Development Fluc AA cs Type Post - Development Pres. Acreage Current With Time Risk Adj. Post Adj Functional (Acres) Wo Pres I Project Lag (yrs) Factor Factor Fluccs Delta Gain/Loss 1 ON 510 Direct 1.13 .00 2 ON 612 Preservation .01 .00 Total: 1.14 Fluccs Code Description 510 Streams And Waterways 612 Mangrove Swamps .00 .00 1 1.00 .000 .000 .00 W�Idljie;ilssues: The project site is located within the Rookery Bay Aquatic Preserve and does contain preferred habitat for wetland- dependent endangered or threatened wildlife species or species of special concern. The listed species of the Aquatic Preserve area include the manatee, one single occurrence of Kemp's Ridley sea turtle recorded by the United States Fish and Wildlife Service (USFWS) in the 1989 -1998 data, sharks, commercial shell fish, pink shrimp, blue crab and stone crab. Wildlife surveys were conducted on August 5, 2008 and September 3, 2008 in the project area and in the areas adjacent to the Goodland Bridge. Avian species observed include the Great Heron, Great Blue and Little Blue Heron. The area is designated as habitat for the Florida Scrub Jay and the West Indian Manatee by the Florida Fish and Wildlife Conservation Commission (FWC) and the USFWS. No scrub jays, smalltooth sawfish or manatees were sited during the surveys. District Staff surveyed the area on July 8, 2009 and did not observe any listed species. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if, in the future, endangered /threatened species or species of special concern are discovered on the site. The applicant will comply with the July 2005 Standard App.no.: 090220 -23 Page 3 of 12 erp_staff report.rdf Manatee Construction Conditions for in water construction and the Sea Turtle and Smalltooth Sawfish Construction Conditions of March 2009. Please see Exhibit 3.1. CERTIFICATION AND MAINTENANCE OF THE WATER MANAGEMENT SYSTEM. It is suggested that the permittee retain the services of a Professional Engineer registered in the State of Florida for periodic observation of construction of the surface water management (SWM) system. This will facilitate the completion of construction completion certification Form 40881 which is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, and Rule 40E- 4.361(2), Florida Administrative Code (F.A.C.). Pursuant to Chapter 40E -4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E- 4.321(7) F.A.C. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E- 1.6107, F.A.C., the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may result. Maintenance of the SWM system is required to protect the public health, safety and the natural resources of the state. Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found, it is the responsibility of the permittee to correct these deficiencies in a timely manner. SOVEREIGN /SUBMERGED LANDS.. The proposed work is located within and is not anticipated to adversely affect sovereign submerged lands. There is an existing Sovereign Submerged Lands easement no. 25301(2455 -11) for the bridge. A copy of the easement is within the permit file. App.no.: 090220 -23 Page 4 of 12 erp_staff_ report, rdf RELATED CONCERNS: CERP: The proposed project is not located within or adjacent to a Comprehensive Everglades Restoration Project component. Right -Of -Way Permit Status: A District Right -of -Way Permit is not required for this project. DRI Status: This project is not a DRI. Historical /Archeological Resources: The District has received correspondence from the Florida Department of State, Division of Historical Resources indicating that the agency has no objections to the issuance of this permit. This permit does not release the permittee from compliance with any other agencies' requirements in the event that historical and /or archaeological resources are found on the site. DCA/CZM Consistency Review: The District has not received a finding of inconsistency from the Florida Department of Environmental Protection or other commenting agencies regarding the provisions of the federal Coastal Zone Management Plan. Third Party Interest: No third party has contacted the District with concerns about this application. Enforcement: There has been no enforcement activity associated with this application. App.no.: 090220 -23 Page 5 of 12 erp_staff_report. rdf STAFF RECOMMENDATION TO EXECUTIVE DIRECTOR: The Staff recommends that the following be issued : Construction and Operation of a 1.30 acre bridge repair and scour remediation improvement project known as Goodland Bridge Repairs and Scour Remediation. Based on the information provided, District rules have been adhered to. Staff recommendation is for approval subject to the attached General and Special Conditions. STAFF REVIEW: NATURAL RESOURCE MANAGEME T APPROVAL NVIRONMENTALL EVALUATIO SUP ISOR Idal N 11y. Bauer - Windhorst / La r Layman SURFACE WATER MANAGEMENT APPROVAL EIAGINEERING WALU ATI N ssica White, P.E. SUPE William Fole , P. . ENVIRONMENTAL RESOURCE PERMITTING DIVISION DIRECTOR: Gil /t�iC J 1 jd DATE: Anita R. Bain E VIRO ME TAL RESOURCE REGULATION DEPUTY DEPARTMENT DIRECTOR: e DATE: % L''/ /1>j „/ 0,� A ny M. t , P.E. App.no.: 090220 -23 Page 6 of 12 erp_staff_report.rdf GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project - specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permttee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource /Surface Water Management Permit Construction Completion /Certification Form Number 0881A, or Environmental Resource /Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 0881B, incorporated by reference in Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built' or 'record" drawings. All surveyed dimensions and elevations shalt be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity App. no. : 090220 -23 Page 7 of 12 erp_staff_ report. rdf GENERAL CONDITIONS approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E -4 or Chapter 40E -40, F.A.C.. 12. The permittee Is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, App.no.: 090220 -23 Page 8 of 12 erp_staff_re port. rdf GENERAL CONDITIONS abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center: 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. App.no.: 090220 -23 Page 9 of 12 erp_staff_re port. rdf SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on December 16, 2014, 2. Operation of the surface water management system shall be the responsibility of the permittee. 3. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 4. Measures shall be taken during construction to insure that sedimentation and /or turbidity violations do not occur in the receiving water. 5. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 6. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 7. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. B. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions, 9. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 10. The permittee acknowledges, that pursuant to Rule 40E- 4.101(2), F.A.C., a notice of Environmental Resource or Surface Water Management Permit may be recorded in the county public records. Pursuant to the specific language of the rule, this notice shall not be considered an encumbrance upon the property. 11. If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at (850) 245 -6333 or (800) 847 -7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and /or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes. 12. The permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit No. 2.1) and on the applicable approved construction drawings for the duration of the project's construction activities. 13. The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injuries to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, App.no.: 090220 -23 Page 10 of 12 e rp.._sta ff._re port.rdf SPECIAL CONDITIONS harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "idle Speed /No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on -site project personnel are responsible for observing water - related activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared. within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1- 888- 404 -FWCC. Collision and /or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1- 904 - 232 -2580) for north Florida or Vero Beach (1- 772- 562 -3909) for south Florida. f. Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area must be posted. A second sign measuring at least 81/2" by 11" explaining the requirements for "Idle Speed /No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water- related activities. 14. A water quality monitoring program shall be implemented as outlined below: Turbidity expressed in nephelometric turbidity units (ntu). Background samples shall be taken 200 feet upstream of any construction activity within adjacent surface waters. Compliance samples shall be taken 200 feet downstream. Samples shall be taken twice daily, with at least a four -hour interval, during all work authorized by this permit. Monitoring shall begin on the first day of construction for all activities within or adjacent to surface waters. The monitoring data must demonstrate that turbidity 200 feet downstream of all proposed activities is less than or equal to 0 NTU's above natural background turbidity (or meets OFW standards) and 200 feet upstream of each proposed activity for a period of 7 consecutive days after completion of construction. If monitoring shows such levels to be exceeded, construction shall cease and District compliance staff shall be notified immediately. Work shall not resume until District staff is satisfied that adequate corrective measures have been taken and turbidity has returned to acceptable levels. All monitoring data shall be maintained on site and be available to District staff during regular business hours. The content of the data shall include: 1) permit and application number; (2) dates of sampling and analysis; (3) statement describing the methods used in collection, handling, storage and analysis of the samples; (4) a map indicating the sampling locations and (5) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data. App.no.: 090220 -23 Page 11 of 12 erp_staff_report.rdf SPECIAL CONDITIONS Monitoring reports shall also include the following information for each sample that is taken: (a) time of day samples taken; (b) depth of water body; (c) depth of samples; (d) antecedent weather conditions; (e) wind direction and velocity; (f) direction of tide. 15. At the time of application for construction approval, additional wildlife surveys shall be performed to demonstrate that no listed species resources are present which may be adversely impacted by the proposed construction activities. 16. The exhibits and special conditions in this permit apply only to this application. They do not supersede or delete any requirements for other applications covered in Permit No. 11- 03089 -P unless otherwise specified herein. 17. Silt screens, hay bales, turbidity screens /barriers or other such sediment control measures shall be utilized during construction. The selected sediment control measures shall be installed prior to the commencement of construction in or adjacent to other surface waters in accordance with Exhibit No. 3.4 and shall remain in place until all adjacent construction is completed. All areas shall be stabilized and vegetated immediately after construction to prevent erosion into the surface waters. 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Sj�C � � 4 a�7� ^�$Y s �" A ',yY$�• Eti��S f��H� �� 3'}g Y 1iy k yH eW kBc c� $ �i & 0.`m f t sa a1 inv v Awe � % •.o�w s n 4 $HAH't o t} r3 ^ ;;a..� 4 Y.: Yb 2 rU Pig M N 0 N N O 0 O Z C N O w a w¢a ' ¢r if S ' a 4 a h A !� c� will a���� Zi -all ig 7 �y h} ��R�$� � ®'•i �N�n~;� °�a� ?�i F:: bb 0 -r v „ a ww 5 4ml CLM MAI 4 f m N 0 N N 0 a) O a z N N : p U N iii ¢a M C14 O CNI C) (3) C) 6 Z c c T- Cf) 0 cn X QL M W < CL STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2009 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed /No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. C. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on -site project personnel are responsible for observing water- related activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1- 888- 404 -FWCC. Collision and /or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1- 904- 731 -3336) for north Florida or Vero Beach (1- 772 - 562 -3909) for south Florida. Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 81/2" by 11" explaining the requirements for "Idle Speed /No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water - related activities. Exhibit 3.1 Application No. 090220 -23 Page 1 of 3 C[ W Q � � o T �r o CV W M U w Z la -0 a W �r M U ■ r Q L � ,� •� wM' z E- 00 00 C) W r— (D D 0t CL M N CD O O Z C M 940- U N Q - O WQa. fives @r*4 • R ��xset M� UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water - related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or frilling sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be property secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50 -ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f: Any collision with andlor injury to a sea turtle or smalitooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727 -824 5312) and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised: March 23, 2006 O:tformslSea Turtle and Smalltooth Sawfish Construction Conditions.doe Exhibit 3.1 Application No. 090220 -23 Page 3 of 3 GOODLAND BRIDGE SCOUR REMEDIATION WATER QUALITY MONITORING PLAN Erosion and Sediment Control Measures Erosion and sediment control measures are necessary to prevent potential damage to the marine environment within and adjacent to the construction zone. To reduce the potential for violating state water quality standards during construction, the contractor is to implement the following erosion and sediment control measure: a. Erosion and sediment control devices will be installed prior to any construction activities as shown in the Construction Plan Set. Best management practices for erosion control will be implemented and maintained at all times during construction to prevent siltation and turbid discharges pursuant to Chapter 62 -302, F.A.C. Methods will include, but are not limited to, the use of staked hay bales, staked filter cloth, sodding, seeding, mulching, staged construction, and the installation of turbidity screens around the immediate project site. C. All erosion control devices will be inspected and procedures maintained during all phases of construction authorized by the permit until areas disturbed during construction are sufficiently stabilized to prevent erosion, siltation, and turbid discharges. Turbidity Monitoring Plan a. Monitoring for turbidity as measured in Nephelometric Turbidity Units (N.T.U.'s) shall be conducted anytime activities are conducted within Rookery Bay Aquatic Preserve. Sampling will commence within 24 hours. Sampling will continue while activities are conducted until all activities are completed. b. Sampling will continue twice a day, at least 4 hours apart, during marine mattress installation, C. A minimum of three sampling sites will be established. The first and second sites will be located immediately adjacent to the proposed structure; the third site shall be located downstream of the proposed structure. These sites shall be established on atransect extending down - current from the source /activity and will be dependent on tides. A map depicting the location of the sampling sites shall be submitted to the District prior to construction activities. d. All samples are to be collected from surface, mid- depth, and two feet above bottom. In water which is less than three feet deep, mid -depth samples will be collected. Sampling is to be restricted to the axis of the visible plume. If no plume is visible, samples are to be collected along a line extending up- current and down - current from the turbidity curtain. Exhibit 3.2 Application No. 090220 -23 Page 1 of 3 e. All samples are to be collected with a Kenunerer, Van Dorn, or similar sampler which is designed to collect in situ water samples. Samples will be maintained at 4EC and allowed to warm to ambient temperatures before analyses. Samples will be analyzed within 24 hours of collection time. The following information will be recorded for each sample taken and submitted in a Turbidity Monitoring Report: (1) Site number, (2) Date and time when sample was collected, (3) Total water depth and sample depth, (4) Tidal stage and flow direction, and (5) Weather conditions at time of sample collection, including wind direction and velocity. f. In addition to the above, each Turbidity Monitoring Report will include the following: (1) A statement of methodology including types of sampling equipment and analytical instrumentation, preservation, and handling. (2) Permit number, (3) A map indicating numbered locations of all sampling sites, (4) Copies of the Quality Assurance/Quality Control log, and (5) A statement by the Quality Control Officer as to the authenticity of the data. g. The Permittee will comply with the following QA/QC requirements for each sample collected: (1) All turbidity analysis will be performed on instruments that can perform Nephelometric measurements. (2) The instrument will be calibrated each morning and each time the instrument is turned on, and recalibrated every four hours thereafter, (3) Calibrations will be performed against a blank, and at least one formazin or gel -type standard. The standard value will be in the same range as the sample readings, (4) All calibration procedures will be recorded in a permanent log book, and copies submitted with the data in the Turbidity Monitoring Report, and (5) Date and time of collection, date and time of analyses, warm -up time, and the name of the analyst will be included in the log. h. All monitoring reports will be submitted to the South Florida Water Management District within seven days of sample collection. All correspondence will include the Permittee name and permit number. Exhibit 3.2 Application No. 090220 -23 Page 2 of 3 i. The existing ambient water quality within the mixing zone shall not on average exceed 29 N.T.U. above background. Existing ambient water quality 0 N.T.L. above background within the mixing zone may be degraded for a period not to exceed 30 days. At the construction zone boundary, 0 N.T.U, above natural background shall not be exceeded. j. If any violations of state water quality standards for turbidity occur (i.e., down - current turbidity readings in excess of 0 N.T.U. above background at the downstream edge of the mixing zone), all activities contributing to the violation must cease immediately. A violation report containing copies of all monitoring data sheets which indicate violations and a description of the corrective actions being taken is to be immediately submitted to the South Florida Water Management District. If violations are noted after normal business hours, on holidays, or on weekends, the report will be made to the District as soon as normal business hours resume. k. Failure to report excessive turbidity readings or to implement procedures for reducing excessive turbidity levels will constitute grounds for revocation of the permit and may also render the Permittee subject to enforcement action. W:1CLH- 5%Water Quality Monitoring Plan.doc Exhibit 3.2 Application No. 090220 -23 Page 3 of 3 aG�`?fO SrAtIS of ��e``� DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 1520 ROYAL PALM SQUARE BOULEVARD, SUITE 310 FORT MYERS, FL 33919 September 2, 2009 le Perm /- lyrrF SEP 2"2009'' Jacksonville Regulatory Division S C, AJ- 2009 - 01.021 (NWP -LAE) O Collier County Public Works y Transportation Engineering & Construction Management c/o Jay Ahmed, P.E. 2885 Horseshoe Drive S. Naples, FL 34104 Attention Collier County Public Works c/o Jay Ahmed, P.E.: Your application for a.Department of the Army permit initially received on March 9, 2009, has been assigned number SAJ -2009- 01021. A review of the information and plans provided shows the proposed work is to conduct bridge repairs and scour remediation to the Goodland Bridge structure (Bridge #030184) located along San Marco Road/ C.R. 92 involving discharge of fill materials to Waters of the United States including replacement of rip -rap at the east bridge abutment, and installation of nine (9) 5,040 square -foot rock - filled marine mattress scour measures at specified pilings. The proposed project is located at the Goodland Bridge, in Section 13, Township 52S, Range 26E, Goodland, Collier County, Florida. The (center - point) site coordinates (NAD -83) are: 25.933008; - 81.653494. Your project, as depicted on the submitted drawings, is authorized by Nationwide Permit (NWP) Number 15. In addition, project- specific conditions have been enclosed. This verification is valid until September 2, 2011. Please access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory webpage to access web links to view the Final Nationwide Permits, Federal Register Vol. 72, dated March 12, 2007, the Corrections to the Final Nationwide Permits, Federal Register 72, May 8, 2007, and the List of Regional Conditions. The website address is. http: / /www.saj.usace.army.mil/ Divisions /Regulatory /sourcebook.htm Once there, you will need to click on "Nationwide Permits ". These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP 15. Additionally, enclosed is a list of the six General Conditions, which apply to all the Department of the Army authorizations. You must comply with all of the special and general conditions and any project- specific condition of this -2- authorization or you may be subject to enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re- verification may be required. The following special conditions are, included with this verification: 1. Within 60 days of completion of the work authorized, the attached "Self- Certification Statement of Compliance" must be completed and submitted to the U.S. Army Corps of Engineers. Mail the completed form to the Regulatory Division, Enforcement Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, FI, 33919. 2. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 3. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the Permittee or other party on behalf of the Permittee, shall conduct a search in the National Register Information System (NRIS) . Information can be found at: http: / /www.cr .nps.gov /nr /resear_ch /nris.htm. Information on properties eligible for inclusion in the National. Register can be identified by contacting the Florida Master File Office by email at fmsfile @dos. state.fl.us or by telephone at 850 - 245 -6440. If unexpected cultural resources are encountered at any time within the project area that was not the subject of a previous cultural resource assessment survey, work should cease in the immediate vicinity of such discoveries. The permittee, or other party, should notify the SHPO immediately, as well_ as the appropriate Army Corps of Engineers office. After such -3- notifications, project activities should not resume without verbal and/or written authorization from the SHPO. If unmarked human remains are encountered, all work shall stop immediately, and the proper authorities notified in accordance with Section 812.05, Florida Statutes, unless on Federal .lands. After such notifications, project activities on non - Federal lands shall not resume without verbal and /or written authorization from the Florida State Archaeologist for .finds under his or her jurisdiction. This letter of authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. In Florida, projects qualifying for this NWP must be authorized under Part IV of Chapter 373 by the Department of Environmental Protection, a water management district under §. 373.069, F'.5., or a local government with delegated authority under.. §. 373.441, F.S., and receive Water Quality Certification (WQC) and Coastal Zone Consistency Concurrence (CZCC) (or a waiver), as well as any authorizations required by the State for the use of sovereign submerged lands. You should check State permitting requirements with the Florida Department of Environmental. Protection or the appropriate water management district. This letter does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact Linda A. Elligott by telephone at 239 - 334 -1975, Ext. 32. Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to visit the following link and complete our automated Customer Service Survey: -4- http : / /regul_atory.usacesurvey.com /. Your input is appreciated - favorable or otherwise. Sincere 'y, i NIind� A. El ig tt Project Manag r ��� Enclosures GENERAL CONDITIONS 3 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 1• The time limit for completing the work authorized ends on September 2, 2011. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or. should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously- unknown historic or archaeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. SELF- CERTIFTCATTON STATEMENT OF COMPLIANCE Permit Number: NW -15 Application Number: SAJ- 2009 -01021 (NWp -LAE) Permittee's Name & Address (please print or type): Telephone Number: Location of the Work: Date Work Started; _ Date Work Completed: Description of the Work (e.g., bank stabilization, residential commercial filling, docks, dredging, etc.) : or Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable) : Describe any Deviations from Permit (attach drawing(s) depicting the deviations): I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee uar.e DEP -- ARTNENT OF T__ IiE ARMY PERMIT TgAM,ER REOII_aT PERMIT NUMBER;` 2009 -01021 When the structures or work authorized by th..s permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the constr Armv narm t c uction period for works authrnr i 70,7 To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, FL 3391.9. (TRANSFEREE - SIGNATURE) (SUBDIVISION) (DATE) (LOT) {BLOCK) (NAME- PRINTED) (STREET ADDRESS) (MAILING ADDRESS) (CITY, STATE, ZIF CODE) U.S. Department of Commander (dpb) 909 S. E. First Avenue (Rm 432) Homeland Security Seventh Coast Guard District Miami, Fl 33131 Staff Symbol: dpb United States Phone: 305-415-6749 Coast Guard Fax: 305 -415 -6763 Email: randali.d.overton @uscg.mil 16591/2704 1723 December 10, 2008 JAMES BERNARD, PE TBE GROUP 380 .PARK PLACE BLVD (SUITE 300) CLEARWATER, FL 33759 Dear Mr. Bernard, This is in regard to the general plan and project description for the proposed maintenance, repair, scour remediation of the Goodland Bridge on CR 92 across Big Marco River, mile 6.5, Collicr County, Florida as noted in your November 20, 2008 letter. We find the project to be a repair / rehabilitation of the existing bridge structure. Since this repair /rehabilitation will not materially alter waterway navigation or the general bridge configuration (horizontal and vertical clearances, roadway width), no Coast Guard pennit will be required. We have no objection to the work as described in your general plan, and work over the waterway is authorized providing the following stipulations are adhered to: a. A copy of the contractor's plan, schedule, and sequence of operations, approved by your office or the resident engineer shall be submitted to Mr. Michael Lieberum of this office 60 days prior to any work over or in the waterway. b. There shall be no change in the horizontal or vertical clearance as a result of subject repairs /rehabilitation. c. At no time during the repairs will the waterway be closed to navigation without prior notification and approval of Coast Guard Sector St. Petersburg, This approval may be coordinated through Mr. Michael Lieberum of this office 305 -415 -6744, or email Michael,B.Licberutn ausc .mil . If you have any questions, feel free to call Randall D Overton at 305 -415 -6749. 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