#10-5480 (Kelly Brothers)
Co~ County
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Admnislralive Services Division
Purchasing
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Bayview Park Phase 1
COLLIER COUNTY BID NO. 10-5480
COLLIER COUNTY, FLORIDA
Design Professional:
Johnson Engineering
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TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Johnson Engineering
and identified as follows: Bayview Park Phase 1
as shown on Plan Sheets 1 through 77.
EXHIBIT N: Contractor's List of Key Personnel
Adnlnislralive Services Division
Purchasing
PUBLIC NOTICE
INVITATION TO BID
Bayview Park Phase 1
COUNTY BID NO. 10-5480
Separate sealed bids for the construction of Bayview Park Phase 1, addressed to Mr.
Steve Carnell, Purchasing Director, will be received at the Collier County Government
Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department,
Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 21st day of April, 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 31st
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, Bayview Park Phase 1 Bid No. 10-5480 and Bid Date of
April 21, 2010". No bid shall be considered unless it is made on an unaltered Bid form
which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-
P-15) shall be removed from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E-Procurement website: www.collierQov.netlbid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
GC-PN-1
(Construction SeNices AgreemenCRevised July 2009)
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred eighty (180) calendar days from and after the Commencement Date specified
in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 19th day of March 2010.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell, C.P.M.
Purchasing and General Services Director
GC-PN-2
(Construction Services Agreement_Revised July 2009)
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. Preoaration 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 Deoosit Reauirements
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. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-IB-2
Section 5. Sianina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interoretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC-IB-3
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Reauirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
GC-IB-4
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
11.2 Alternate Bid 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. The awarded vendor shall not be part of any State or Federal disbarment list.
Local Vendor Preference: The Collier County Board of County Commissioners has
adopted a Local Preference "Right to Match" policy to enhance the opportunities of local
businesses to receive awards of Collier County contracts.
A "local business" is defined as a business that has a valid occupational license issued
by either Collier or Lee County for a minimum of one (1) year prior to a Collier County
bid or proposal submission that authorizes the business to provide the commodities or
GC-IB-5
services to be purchased, and a physical business address located within the limits of
Collier or Lee Counties from which the vendor operates or performs business. Post
Office Boxes are not verifiable and shall not be used for the purpose of establishing said
physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of either
Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and
increase to either Collier or Lee County's tax base, and residency of employees and
principals of the business within Collier or Lee County. Vendors shall affirm in writing
their compliance with the foregoing at the time of submitting their bid or proposal to be
eligible for consideration as a "local business" under this section.
When a qualified and responsive, non-local business submits the lowest price bid, and
the bid submitted by one or more qualified and responsive local businesses is within ten
percent (10%) of the price submitted by the non-local business, then the local business
with the apparent lowest bid offer (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
GC-IB-6
clarification to assure full understanding of, and responsiveness to solicitation
requirements.
12.3 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
12.4 Certificate of Authority to Conduct Business in the State of Florida
(Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall
be required to provide a certificate of authority from the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute
607.1501 (www.sunbiz.orq/search.html). A copy of the document shall be submitted
with the solicitation response and the document number shall be identified. Firms who
do not provide the certificate of authority at the time of response shall be required to
provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the
right to award to another firm.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
GC-IB-7
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entitv Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
GC-IB-B
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
GC-IB-9
Co~~ County
Email: scottiohnson@collieroovnet
Telephone: (239) 252-8995
FAX: (239) 252-6588
f\rlrrtPlstrat!ve Set\llc;es D:vr'::,ICO
ADDENDUM
Memorandum
Date:
April 2, 2010
From:
Scott Johnson, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #1 -ITB #10-5480
"Bayview Park Phase 1"
The following clarifications are issued as Addendum #1 identifying the following change(s)
for the referenced bid:
1. Additional plans
2. Changes to bid schedule
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Clint Perryman
AddendumTemplate
Revised: 3/25/09
1
ATTENDANCE SHEET
NON-MANDATORY PRE-BID CONFERENCE
Date: March 31, 2010
10:00 a.m.
BID 10-5480 "Bayview Park Phase I"
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ATTENDANCE SHEET
NON-MANDATORY PRE-BID CONFERENCE
Date: March 31, 2010
10:00 a.m.
BID 10-5480 "Bayview Park Phase I"
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YOUR NAME: ?f'-AO S{b'-JGliM1
IH l~ 5c)f4ic-y {:v 0- { Il/cvtPp ,Ii G-
Company Name
YOUR NAME: ~ c/.../o' I k'-'L
(+6 ,,,,, I~r+-(l ,-'v, C, N-rnll-di'J..K,
Company Name
(11" Pu_/ei(cc (v{ C,~pe- ,,,,J !={,
Mailing Address 's ']. q IY(.
t /l-;eQ (eo ,e,--<,
City, State
/~ C .
ZIP 'J J1 c-I
Telephone: () '1,'( ))')).-' ?- ';) 0
FAX Number: p. ""I )-:> -:>:v t( '1 I 'i.
OrbO ;J, Gv<..ucRf?uD S-LlI~ do,;
Mailing Address
rv1,\-{!<...o
City, State
U<-/-'1AJ fL.- s'I/YS-
ZIP
Telephone: (n~ ) :5 Wi - 0 rn (.
FAX Number: ( :z l'i ) 3tf1 -- 007?
Email address: 701..",;, If-< wL "-'"" ,N-f? I' C"~d<t Email address: b(t,,15k( !ch".", () "",,,.evsen',:;, L.O.""
************************~*~**********
YOUR NAME: JJ.fAJiZ.--{ A0\-I,nW
\
'?:x-;\?-,A.N CR.,A-I(>, ~~ce.. LJ--lc,,,,,l-
Company Name
"',Gow Et0tC:.X':i,='?-\?-''''- ~'.Je.\JI..JE:.
Mailing Address
\\J":VLt'.0 ,
City, State
"f L 3, A, \04
ZIP
Telephone: (23<1 ) (o.q3 33-"\"3
FAX Number: (23"1) (04,3 45",\8
Email address:\-\A<7::>\-\\c0~~6E-0:.11
YOUR NAME: (J.,....~ \~ <c'.. q I'\~ 'l'-
.
,-\...... fl\Aii'.~~~ (oN.~"l: (:l.L>C'~ "-J
Company Name
? o. \-SO.><
Mailing Address
I\\",,~....'i"'oc..~...... . ?-\'f>I. ~~c(93
City, State ZIP
~ "'\-"&
Telephone: (~3q) ';;)".<o:s ~ \ l d <0
FAX Number: (,),~) :;;}<.O ~ - 0\ \ \
Email address: c.",~ \'t....~ (:)_
"
F L ('<\ '" R 'h~ ~ C Q N '''.:''~~ UG:. '" \C>~. C:.'" 'IV"
ATTENDANCE SHEET
NON-MANDATORY PRE-BID CONFERENCE
Date: March 31, 2010
10:00 a.m.
BID 10-5480 "Bayview Park Phase I"
e.!.~A~~ eRINI
YOUR NAME:'oI9vIO ~KI.J1ft1--rrl
!'~I:. (l1/r5m,(
Company Name
,(:( 05 ;,;JtJ/3<J.3 /:o?f/.7
Mailing Address
YOUR NAME: /ILEl MUftJ.i::>
~ / (I.,.r;,eUhD /!l+rt.iNe-
,
Company Name
:3$190 CMe.A;U/~~,
Mailing Address
SF. /9w~tf.J 7/,,/6
City, State ZIP
/L
#1t7 J.C5, ;-t...
City, State
~'II{)i
ZIP
Telephone: (90'1) 82S-:3~2.> Telephone: (23'1 )&'15-5333
FAX Number: (90 r ) :? 25- / y~-t FAX Number: (2?C, ) (pc.( ~ - 3"<1,
Email address: "ol1vI4, ~~..5~ ()5~~ Email address: At.-6l@ Gt1ILL/If'I'i>IYL#!./tti/: .COfYI
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
YOUR NAME: 6('vfV-/ I/v f..u55c/f
fI/f/;Jd~-5 nevi:. /' {l11t~[~<..)!2-
Company Name
-3J0T Pf.2.o..':/'e<ifr 0G
Mailing Address
,{.N'cpcE-<s, Ff
City, State
:{ '11['Lf
ZIP
YOUR NAME: ~() Pf'Wt.t:'T'
t> 1J. I'lL ~FL J/N c.. ,
Company Na e
(s/D f(l.f1Il- ~,-vn
Mailing Address
;J~4 f-L '341D'Y
City, State ZIP
Telephone: (--v]'l) "'J7t. ,.cYL'i'l
FAX Number: ('t'f1) 57(.. ",,'Z..~ i
Email address: dtl.\c.....df,~ &A-U-PL- . (' ~
Telephone: (J,-;? ) 'IJ1- eJ-'-I9
FAX Number: (;),3'/ ) '1 J '-(- Go >""-/9
Email address:};u.Rv))cJI.-q t1)rfl/'nJ;tx.{ Uf"
C 0 U N T Y D E PAR T MEN T 5 R E PRE 5 E N TED:
NON-MANDATORY PRE-BID CONFERENCE
Date: March 31, 2010
10:00 a.m.
BID 10-5480 "Bayview Park Phase I"
Name ~~"so,J Department ~I'&(~~
Name C/tovT ?~",~ Department (' _ '2..-111
Name Department
Name Department
Name Department
Name Department
Name Department
Name Department
Name Department
Name Department
Name Department
Name Department
Name Department
Name Department
Name Department
Name Department
Name Department
SECTION: 22
TOWNSHIP: 50 S
RANGE: 25 E
o 50
100
,
SCALE
FEET
Exisling Riprap
10 Remain
Plaffed Properly
rBOundory
-'-'---'-'----,
I
i
---'
Danford sl: -- -- --
--/t- .
. ,
,. , Exisling Top or BanK
,'/ExiSting Mooring Piles
'~. I fa be Removed
, '
0ExiSling SeawaJ/ to be
J i Removed, 112lF
: Existing Seawall Along Narlh
Side of Boat Romp to Remain
Exis#ng Boat Romp
to be Expanded
- Naples Bay -
/
i
I
i
~Ex;sling Mooring Piles
.I to be Removed
./
!
i
/rPlatled Properly
r Boundary
-J
Exisling Fixed Wood Dock to
be Removect 5'w x 591
xisling Seawall to
be Removed, 336 LF
Notes: Property Boundary by
Johnson Engineerjng~ Inc.
Existing Site Plan
SCALE: l" ~ 100'
B/iJ PLAHS HOT FOR COHSTRUCT/OH
-~\ HANS WILSON & ASSOC. INC.
193B Hill Ave. Fl. Myers, Flanda 33901
j .----"'. Tel:239-334-6870 Fax: 239-334-7810
.-------- ~MARINE and ENVIRONMENTAL CONSULTANTS
Mcuch 03, 2010 4:08:05 p.m.
Orowll19: JEI41~ASTER.OWG
3.3.10
SHEET
TFC
Bayview Park
1/15
SECTION- 22
TOWNSHIP: 50S
RANGE 25 E
o 50 700
,
SCALE FEET
Existing Riprap
10 Remain
l
1--- ~-_,_ _ _,_
Danford 51.
~._---_.-
.. U_'~, .
. ~fxisting Tap 01 Bonk
/1
, ,
, roposed Seawall 10 Replace
i Exis/ing Seawall, 715 LF with twa
: pane! return on the north end
I
~Prapased Fixed
: Wood Dock
Proposed Boot Ramp
Expansion and Extension
Proposed Fixed
Wood Dock Access
Proposed Floaling
Dock
- Naples Bay -
Plaited Property
Boundary
Proposed Seawall fa Replace
Existing Seawall, 326 LF with
two ponel relum on south end
. : De/ail 8
''.J
Notes: Properly Boundary and
Upland Site Improvements by
Johnson Engineering, fl7e.
Proposed Site Plan
SCALE: l" = 700'
BIO PlANS, NOT' FOR CONST'lWCT'ION
..~: HANS WILSON & ASSOC. INC.
\.. . . 1938 Hill Ave. FI, Myers, Florida 33901
',d.' ~. To/:239-334-6870 Fax: 239-334.7810
.' -----' MA ,QINE and ENVIRONMENTAL CONSULTANTS
Mon:h 03, 2010 4:0S:05 p.m.
Drowlng: J[14MASTF.'ROWG
3.3,10
SHEET
TFC
Bayview Park
2/15
SECTION: 22 I I 1 , 0 10 20
,
TOWNSHIP: 50S I ,
RANGE: 25 E I SCALE FEET
"
"
I I 'I
I I
I ~Proposed Seawall/a
: Replace Exist/ng
Seawall, 175 IF wilh
Boyview Park fwo panel return on
Upland by Olhers the north end
Existing Seawall Along North
Side of 8001 Romp 10 Rsmoi
Existing Concrete
Walkway to remain
10" Butt Diameter
Piling, I 01 on cenler
A
24" wide by 4" deep flum w/lh
steel grate cover thaI direds
ramp runoff.lo femporolY
detention basin
i
,
!
c
Proposed Fixed
Wood Dock,
41w x 50'1
0\ \0 r'
COO 001
r 'e'
~oP'
Approximate location of
Mean High Water Una
Existing Seawall To Be
Removed, 60 IF with approx.
ISO cy 10 be excavoted
Proposed Extension fa
Existing Baal Ramp to Meet
the Proposed Expansion
Exlst/flg S,dewalk Portions.. .
10 be Removed lor Baal / (~ ~
RampExten510n~ ,Ii....., ---- -~__~!__ ..
'-4" Drain ----___1
Pipe
Proposed Baal
Ramp Expansion
/
Proposed Temporary Detention Basin,
I O~" x I 01 and approximately l'
doep, Side Slopes 2.' I
~
Proposed Detail A
Proposed SeawQllto Replace
Existing Seawall, 326 IF with
two panel return on south end
Proposed Floafing
Dock - See Detail B
Notes: Properly Boundary by
Johnson Engifleering, Inc.
SCALE.' I" = 20'
BiLl P.tA/VS; /VOT FOR CO/VSTR{/CT/O/V
- ~.. HANS WILSON & ASSOC. INC.
\ 793B H>1I Ave. Fl. Myers, Florida 3390 I
,. -=:.- Tel:239-334-6B70 Fox: 239.334-7B70
.:,j".=-"MARINE and ENVIRONMENTAL CONSULTANTS
MC!rcl1 03, 2010 4:06:06 p.rn.
Drowlng: JEI4MAS1t:i1.DWC
3.3.70
SHEET
TFC
Bayview Park
3/15
SECTION. 22
TOWNSHIP: 50 S
RANGE.' 25 E
o ]5 30
,
SCALE FEET
Wood Sofety Railing
olong Seawall for
Lenglh 01 Flooling
Dock, ] 39 LF 10101
" --:::::::-
f
20'
Bayview Pork
Upland by Others
Wood Safety Railing along
Seowoll far lenglh of
Flaoling Dock, ]39 LF 1010
FOOT Index #870 Aluminum Pipe
Hondrail doled 1.1.08 olang landward
side of floating dock- 94 Lf fofa!-."
I Proposed Steel Pilings
/ with External Guides
/
. i
~Praposed Seawall to Replace
. i Exisling Seawall, 326 IF with
, two panel return on south end
Noles: Property
Boundary by Johnson
Engineering, Inc.
Q/.
.'
j' ':,
;-
. ,
/?~I
!;<:'I
, Y~<I
" \<.:....~
. --/-,:"',)
!
!
/
/
,
.'
i
,
!
!
(
/ ~Plaffed Properl/
" Boundary
I
I
B/lJ PLANS, NOr FOR CONSrRr/Cl'/ON
t\HAN~}7~6~g^jI.1?J~~~gJ;j3t~C.
';~\=--_' Tel:239.334-6870 rox.' 239.334.7810
. -< - - -1Iv1RtNE and ENVIRONIvIEN]iIL CONSUL TANTO'
3.3./0
FOOT Index #810 A]umlnum
Plae Hondrail doted 1.1.08
olong landward side 0/
0\'0 r-
GOP ~oi
,-' \eS
\~o9
Proposed
Detail B
SCALE.' /' = 30'
IJereh 0:5, 2010 4:08;06 p.m.
DrawIng: JEI4MASTIR.DWG
SHEET
TFC
Bayview Park
4/15
Notch Piling to Allow
for Stringer InSIGI/ation:\
5/8 " Diameler Lag 8alt \ \
SECTION, 22
TOWNSHIP,' 50 S
RANGE: 25 E
2" x 6" Non.CCA traated Decking,
Elevation '0 match Seawall
Proposed Seawa/Uo ~.
Replace Exlsling Sf?owoll
1~40-1
I
I
4.0'
1 au Buff Diameter Pressure
Trealsd Wood Pile, ! 0' on center.
~Minimum Pile Lfmgfh is 24'
i,;
~',~?
_2" X 8" CC4 trealed Stringer
on f6"cenfers max,
2":< lO"eD\.
fr~aJed Pile Cap
S/8u Diameter
Throvgh Balls
MHW ~ 16' NGVD
J,(
.'1
, (~EX:I:: :,o:e3,.NGVD
PVC Wmpped
from l' above
MHWL To /'
Below Mud
line (Typ.)
. ,
, "
>'
.1' I
I,..JL-,
"
"
10" Buff Diameter Pressure Treated
Wood Pile, 10' on center.
Minimum Pile Length is 12'
Section A-A
SCALE: /" ~ 4'
B/JJ PfANS, NOT FOR CONSTRUCT/ON
\\ HANS WILSON & ASSOC. INC.
1938 Hill Ave. FI, Myers, Florida 3390 I
p' ==--'. Te/:239.334.6870 Fax: 239-334-7810
.':,-=. /vfARINE and ENVIRONMENTAL CONSUL TANTS
3.3.10
o 2 4
SCALE FEET
P!2l'r;JSecl.s~a.",,!!1
All concrele shall be 4,000 PSI.
AI/ bars sholl be hol dipped
galvanized Gnd hove a minimum
concrote cover of 3".
Panels: 8" thick and 4' wide by /6'
long (minimum) with (6) #5 vertical
bars and #4 bars on 1 Bit centers
horizontally.
Tiebacks: Tie seawall cop with #6
rods, hot dipped galvanized encQsed
in poly lubing, rods on 10' cenfers.
Tie cap 10 the deadman wilh a 90
degree turn.
Concrele Cop: /2" loll by 18" wide,
reinforced with (4) #5 bars wilh #3
slirrups on 24" centers, tied to
deadman at outside bars.
Deadman: -j cy concrele on '0'
centers, setback '8' from cap wifh 2'
of soil coverage.
Seawall panel penetration shall he 0
minimum 40% of overall length.
One expansion joint shall be installed
every 50' in the seawall cop.
Mijrth 03, 2010 4:0B:Ql5 p.m.
DrawIng' JEI41,lASTERDWG
SHEET
TFC
Bayview Park
5/15
SECTION' 22
TOWNSHIP: 50 S
RANGE, 25 E
OSlO
, I
SCALE FEET
Proposed Seawall with au thick by
4' wide panels of varying lengths
WITh (6) #5 ver#col bars and #4
bors on 18" cenlers horizontally,
\Tae of Ramp 01.4' MLW \
1
MHW~ 1.6'NGVD I J 1- i
i\;1LW - O,3'NGVD I ~ _""",6.,,- ..
~[,......,.r;..;:'
~\~~-:f ,""
,," ,/
24" wide by 4" deep flume
with steel grote cover thai
One expansion joinf will directs ramp runoff fo
be installed every 50'\ temporary detenflOn baSin?
4' NGVD S' NGVD
'f
.1 "~stiflg
3....._. _::::.=:=r-. I "" Male . ~
I. ~I~B, . _.' '. .. .
.~. ,~_"' .....~~t. , ~ . /"~ " / __ : :. :. : ' , .
"
~
.."
~
26x 12.3x8" Cast.ln.Plaee
Slab w/ #S Hal Dipped
Galvanized Rebar on J 2"
Grid above MHWL
,.;:-r.-:t
'"'/ /
6" minimum of #57
Stone on Filter ClOTh
'-4'-': 12. 3'x8~ Precos! Slabs
with a 4 ~ Gap between
Slabs (Typ.)
Minimum 2' Diameler
Rocks on top of FilJer
Cloth, Tap Elevalian No
Shallower Ihan ..3' Ml W
Section B-B
SCALE: I" = 70'
o
2
4
,
1.0'
123' f2'
I -!=i'--4"' - I
~---i-tli---'---i---i---i---'---'---i-- .Jl-i--
I I I I I I I ) I I II I
I I I I I I I I I I 1 I
---+--+--+-.+--+-+--+--+-+--+---J--
I I I I ~ I I I l I I I
I ) I I I r I l I I I
+--+-+--+-- m+_--J-_--J-_+-+--+--+-
I I I I I I I I I I I I
I I I I I I I I I I I I
~---1- 1---~---~---~-- '---1---1---'-- ---1--
SCALE
FEET
j
I
4.01
t
Stainless Steel Cable os Slab Connedors
(ryp.) Clamp Cable Around #5 Rebar
J
- 2.0' 1------
#S Rabar@ 12'a.c. Each Way
3" minimum J
---1.0'-
.....J
8'
l
-~---~---~---~---~-- ~ - ~ ~ --~- -~
Notes: All depths reference NGVO.
Precast Slab Details
SCALE I" = 4'
B/LJ PLANS, NOT FOR CONSTRUCT/ON
~\ HANS WILSON & ASSOC INC
1938 Hill Ave, Fl. Myers, Florida 3390 I
,..,:.=-. Tel:239..334-6870 Fax: 239.334.7810
.. .- '-"- -liIARINE and ENVIRONMENTAL CONSUL TANTS
M~r1;h 03, 2010 4:06:05 p.m.
Drowll1g: JEJ4MASTrR.OWG
3.3,70
SHEET
TFC
Bayview Park
6/15
SECTION. 22
TOWNSNiP: 505
RANGE: 25 E
29.7'
Realigned
Concrete Walkway rEX/Sling Seawall Along
by Ofhe~ Nor/h Side of Boot
\ Romp to Remain
. .,C"""~ t{N"Y.. ~ ..! 6:'" Ng,vo.. _ _
42'
'1-12,3
o 5 10
,
SCALE fEET
Proposed Seawall wifh 8"
- thick by 4' wide panels of
varying lengths with (6) #5
verlical bars and #4 bars
on 1 B" cenlers horizontally
4'.5' NGVD /
-:.._,:--~-.~,.-..,~
-.;/-::-'~' -', .., -' . . ,/
Proposed Excavation
Approx, 150CY~
Existing Seawall ,
fo be remoYed~n: ~ ':_,n__., :
- -- -- If'-',;-: ',,-:'
. . . '. " .-1<'.< '. -',:, -" -' "
"',..'-:'I'T~.."...,_w" ,'"., .....,. """"~",._I
';1 ,AdLW. ~ .0,XNnya
. ..."~"'" .. ..... .'~ ..,~,., !.~_.
.",-'.'"
;;';:"::::::;';:/': .
, .... "'.','//,,. "
. -,/ ,,'-,-,',' ,. ,
,'-', , ,', " "
6'01 #57 Slone '-26X12,3'x8'Casl.ln.Place Slab
an filler Clalh wi #5 Hat Dipped Galvanized
Rebar an 12' Grid above MHWl
Section C-C
Notas: All depths reference NGVD.
BilJ PLANS: NOT POR CONSTRUCT/ON
(\ HANS WILSON & ASSOC INC
.. \ _ ~9J8 Nil! Ave, Ft. Myers, flarida 3390 I
.,c'-'- . lel:239-334-6870 fax: 239.334.7810
, .~ ,cMARINE and ENVIRONMENTAL CONSUL TANTS
SCALE: I' - 10'
3,3.10
Murch 03. 2010 4:0B:06 p.m,
Drcwin!]' JEI4MAS1ER,DWG
SNEET
TFC
Bayview Park
7/15
SECTiON 22
TOWNSI-I/P 50 S
RANGE: 25 E
o 2.5
5
,
SCALE
FEET
I '
2' x 6' Top ond Side Rails with
4" x 4" Posts on 5' centers and
2' x 2~ Balusters on 5" cenlers\
11' . \
3.5'
-,
10'
1-4'-1
J"X 10"
CC4 treated
Pile Cap
Concrete
Floating
Dock ~
All concrete sholl be 4,000 PSI.
All bars shall be hot dipped galvanized and
have 0 minimum concrete cover of 3",
'iLJJ
,
,
n~
.' I! ( ~ I '
, ~~i (! /
, ,
,., I
, ,
,
Panels: 8" thick and 4' wide by 16'Iong
(minimum) with (6) #5 vertical bars and #4
bars on 18' centers horizon/oily.
,
,
.,
,
,
Tiebacks: Tie seawall cop with #6 rods, hot
dipped galvanized encased in poly tubing, rods
on ! 0' centers. Tie cap 10 tho deadmon with a
90 degree turn.
'/ Treated Wood P;!e, '0' on
, center Minimum Pile
, length is 20'
10" BuH Diameter Pressure Treated
Wood Pile, '0' on center.
Minimum ?tle Length is 12'
Concrete Cap: J 2" fall by 18" wide, reinforced
with (4) #5 bars with #3 stirrups on 24"
cenlers, tied to deadman at oulside bars.
J
Dsodmon: ; cy concrete on I 0' cenfer~,
setback! 8' from cap with 2' of soil coverage.
Proposed Seawall to
Replace Existing Seawall
Seawall ponel penetraTion shall be a millimum
4096 of overall length.
~ Concrete Floating Docks As Engineered And
Manufadured by Bellingham Morine Industries, Ine.
or Enginee,-Js Approved Equivalent. Floating Dock
wil/ 6e Cuf Ouf for Ramp and Access Clearance.
One expansion foint sholl be installed every 50'
in the seawall cap.
Notes: All depths relerence NGVO.
Section D-D
SCALE, I" = 5'
B/lJ PLANS, NOT POR CONSTRUCT/ON
.~~ _HAN~/r!oHc:!.tft~y~s~~8Ji33t{;fC.
~;'\-==-_" Tel.239-334-6870 fax: 239-334-78/0
~ --- -'-- ~i>IARINE and ENVIRONMENTAL CONSUL TANTS
~'orch OJ. 2010 '1:08:06 p.m.
Dr~..;r'9: JEI'IMASTERDI'IG
3.3./0
SI-IEET
TfC
Bayview Park
8/15
i i
I !
I I
I I;
. .1 I.
. . I r
I\I;J, '.
I ~prap~;ed Seawall 10
RDploce Existing Seawall
SECTiON: 22
TOWN5/-1IP: 505
RANGE. 25 E
2" x 6" Top and Side Rails with
4" x 4" Posts on 5' centers and
2" x 2" 8a/uslery on 5" centers
Propo€..e.d.$eawq!'
)
j
I
All concrele shall be 4,000 PSI
All bars shall be hat dipped
galvanized and hove Q minimum
concrete cover of 3".
3.5'
Panels: 8" thick and 4' wide by 76'
long (minimum) with (6) #5 vertical
bors and #4 bors on J8ff canters
horizontally.
Tiebacks: Tie seawall cop with #6
rods, hot dipped galvanized encased
in poly tubing, rods on 101 centers,
T/e cap to the deadman wilh a 90
degree lurn.
Concrete Cap; 12j'tallby 18" wide,
reinforced with (4) #5 bars with #3
stirrlJps on 24" centers, tied /0
deadman at outside bars.
Deadman: ; cy concrete on 10'
centers, setback 78' from cop with
2' of soil coverage.
Seowall ponel penetration sholl be Q
minimum 4096 of overolllength
One expansion joint shall be
installed every 50' in the seawall
cop.
024
,
SCALE FEET
72" Diameter Stael Pile,
Ylap 0112' NGVD
Flaaling Dock
IO'wide
II
, I
FOOT Index #870 Aluminum Pipe
~ Handrail daled I. 1.08 along
~'ondward side 01 flaoling dock
Concrete Floating Dock .
6"-~
ti.5'-
, LW~.0.3'NGVD
Section E-E
SCAlE: I" ~ 4'
. Concrete floating Docks As Engineered And
Manufactured by Bellingham Morine Industries,
11Ie. or Engineers Approved Equivalent. floating
Dock wlll be CuI Oul Around the F;,'a~d \'1ood
Access Dock.
Noles: All depths reference NGVD.
B/O PMNS: NOT FOR CONSTRUCT/ON
/;: HANS WILSON & ASSOC. INC.
"\ 1938 HiIlAFe. Fl. MyersJlorido 33901
,..",\C~ . Te/:239.334.6870 Fox: 239.33418/0
- -' --- -MARINE and ENViRONMENTAL CONSUL TANTS
March 03. 20104:08:06 p.m.
DrQwinq: JEI4MASitA.OWG
33.10
SHEET
TFC
Bayview Park
9/15
TECHNICAL SPI3CIFICA TlONS PAGl3t
'\
Demolition and Disposal
Oemohlion will include the fearing down of the existing fixed wood dock, 5'w x 59~, the removal of al/ (69:t) existing
mooring piling along the seawall face, the demo/ilion of 448 If of existing seawal" and the excavation of approximately
150 oy of material in the footprint of the boat ramp expansion. Proper disposal of all demolition products, including the
backfill from behind the seawall. and submerged debris is the responsibllily of the CONTRA CTOR.
MaIntenance of Traffic
The Contractor will maintain traffic within the limits of the project for the duration of/he construction period, including any
temporary suspensions of the work. The Contractor will be responsible for constructing and maintaining de/ours and
furnishing. installing, and maintaining traffic control devices during construction. The Maintenance of Traffic plan Includes
8/f facHities, devices, and operations as required for safety and convenience of the public within the work zone. TIle
Contractor wlil maintain traffic over the portions of tile property discussed with the cl/ent and Engineer. The Contractor
will repair any damage to the existing pavement that occurred during the maintenance of traffic timeframe.
Preservation of ProIJerty
The Contrl:3ctor will prese/ve from damage all property which is in the vicInIty of or Is In any way affected by the work,
the removal or destruction of which is not specified in the plans. This applies to public and private property, public and
private uti/Hies (except as specifically directed), trees, shrubs, sidewalks, signs, monuments, fences, guardrail, pipe and
underground structures, and public pavement. Natural wear and tear resulting from legitimate use by the Contractor is an
exception. Direct special attention wIll be paid to the protection of all survey control monuments, horizontal or vertical,
located within the limits of construction. The Owner will not require the Contractor to provide routine repairs or
maintenance. TIle Contractor wl7I repal" at no expense to the Owner. all damage caused by the construction operations.
In case of failure on the part of the Contractor to restore such property, road or street, or to make good such damage or
injury, the Engineer may, upon 48 hours notice, proceed to repair, rebuild, or otherwise restore such property, road, or
street as may be deemed necessary, and the Owner will deduct the cost thereof from any monies due or which may
become due the Contractor under the Contract. Nothing in this clause prevents the Contractor from receiving proper
compensation for the removal, damage, or replacement of any public or private properly, not shown on the plans, that is
made necessary by alteration of grade or alignment, The Engineer will authorize such work, provided that (he Contractor,
or his employees or agents, have not, through their own fault, damaged such property.
Contractor's Use of Streets and Roads
When hauling materials or equipment to the project over roads and bddges on the county road system, or city street
system, and such use CBuses damage, immediately, at no expense to the Owner, repair such road or bridge to as good a
condition as before the haut;ng began. The Owner may modify the above requirement in accordance with any agreement
the Contractor might make with the governmental unit having jurisdIctIon over a particular road or bridge, prol4d&d that the
Contractor submits wn'tten evidence of such agreement to the Engineer.
The Owner will not allow the opera/ion of equipment or hauling units of such weight as to cause damage to previousfy
constructed elements of the project, including but not necessarily (Im/ted to bridges, drainage slrueluros, base course, and
pavement. Do not operate hauling units or equIpment loaded in excess ofthe maximum weights speciffed by FOOT on
ex/sring pavements that are to remain in place (including pavement being resurfaced), aemenMreated subgrades and
bases, concrete pavement, any course of asphalt pavement, and bridges. The EngIneer may allow exceptIons to these
weight restrictions for movement of necessary equipment to and from its works/te, for hauling of offsite fabricated
components to be incorporated into the project,
B/lJ PL4NS, NOr FOR CONSTRUCT/ON
r: HANS WILSON & ASSOC INC
. .\. 1938 Hi/I Ave. Ft. Myers, Florida 33901
ic\-=: Te/239-334-6870 FoX' 239-334-7810
~.", --~':, MA.~/NE and ENVIRONMENTAL CONSUL TANTS
Morch 03, 20104:08:06 p.m.
Drowing: JE14MASTER.OWG
3.3.10
SHEET
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Bayview Park
10/15
./
TECHNICAL SPECIFICATIONS PAGE 2
"'\
Exlstina UtmUes
Do not commence work at points where the construction operaNons are adjacent 10 utility facilities or other property, until
making arrangements with the utility facilities to protect against damage that might result in expense, loss, disruption of
service, or other undue inconvenience to the public or to the OwnelS. The Contractor is solely and dIrectly responsible to
the Owners and operators of such properties for all damages, injuries, expenses, losses, inconveniences, or delays
caused by the Contractor's operations. The Owner wiJ/ make the necessary arrangements with utJ'lity Owners for removal
or adjustment of utHities where the Engineer determines that such removal or adjustment is essential fo the performance
of the required construction. The Owner will not consider relocation or adjustment requests based on the Contractor's
proposed use of a particular method of construction or a particular type of equipment as essenNal to the construction of
the project if the Contractor could use other common methods and equipment without relocating or adjusting the utmty.
The Engineer will determine the responsibility for any such required adjustments of utilities. The Contractor shall make alf
requested relocations or adjustments because of delivery to the job site of Contractor furnIshed materials, at no expense
to the Owner.
Construct/on Fence
The Contractor will erect temporary fencing as a first order of business in order to maintain securHy of materials On the
site. This should also be done for the protection of pedestrians who are likely to gain access to the project from the
adjacent property.
Docklnq Facilitv Construction
Fixed Wood Dock.'
Live Loading:
Decking:
Dock Piling:
Stringers:
Pile Caps:
60 psf
2"x8" non-GCA treated lumber
10" butt diameter on 10' centers with varying lengths
2')(8" on 16" centers max
2"x10"double on the waterward bent
Decking - Decking material will be #1 dense Southern YeJ/ow Pine, with a minimum retention of 0.4 pcf non-CCA
treatment. Decking will be surfaced dimensional lumber, with not greater than U" gap between boards. All decking will
be placed bark side up to minimize cupping of boards, All decking wi/J be fastened with stainless steel ringshanked 16d
nails with (2) per stringer per board or 3" square drive stainlass steel decking screws (2) per stringer per board.
Piling - All wood pilings will be of Soulhem Yellow Pine meellng ASTM D25 specifications. Wood piling will be trealed
with CCA with a minimum retention of 2.5 pet. All piling will be PVC wrapped from l' below the mud line 10 l' above
the MHW line. AI! piling wii/ be clearly and permanently marked with a brand, or a manufacturer's cerlificatlon which
contains the (ai/owing information; suppliers brand, plant designation, month and year of treatment, species of timber,
length and class of pile, type and relention of preservative used for treatment. All pilings will be dn'ven or jetted into the
bottom. If driven, care must be taken not to damage the piles. The top of all pites will be driven, jet/ed, or cut off at
grade in such 8 manner that all finished pile head surfaces will be on 8 honzontal plane unless noted other."IisB. Dock
piling will be cut off at 4' above the deck surface.
PVC Pile Wrap - The Contractor will IrIS tail Polyvinyl Chloride (PVC) pile wrap on all CCA Irealed piling from l' below tile
mud line to 1 f above the MHW line. The pile wrap will be commercial grade, minimum 3D-mil ttJickness with a minimum
of a 24" overlap. Before installing wrap, pile will be Cleaned, removing all foreIgn matter for the entire length to be
protected. This Includes all existing surface projections (i.e. nalls, bolts, large splinters) and any other surface condition
t/Jat would penetrate or damage the wrap. Wrap will be secured with stainless steel nails on 10~ centers along the seam
and around the upper and lower rims, in accordance with manufacturer's requirements,
B/.o PLANS NOT FOR CONSTRUCT/ON
t~ HANS WILSON & ASSOC. INC.
, 1938 !-lill Ave. fl. Myers, florido 3390 I
\, -~>, Tel:239-334-6870 fox.- 239-334.7810
'\.""-'= --MARINE and ENVIRONMENTAL CONSUL TANTS
I.ion:h 03. 2010 .1;08;OE [l.rn.
Drowing. .j::14~A,\S1E:11.0WG
3,3,10
S!-IEET
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Bayview Park
11/15
~
TECHNICAL SPECIFICATIONS PAGE 3
"'\
Stringers - Stringers will be #2 dense Southern Yellow Pine and treated with Chromium Copper Arsenate (CCA) wnh a
minimum retenNon of o. 6 per. The stringer adjacent /0 the seawall cap will be scabbed not less than 18" per stringer
end. The scab w;Jf be nailed to the stringer, with not !ess than (4) led stainless steel ringshanked nails or (4) 3" square
drive stainless steel decking screws per stringer end. The scab and stringer will be bolted to the piling with 5/8" lag bolts.
The intermediate and outboard stringer may be lapped not less than 18'; or may be scabbed not less than 18" psr
stringer end. The outboard stringer will be single bolted with 5/8" diameter through bolts, washers, and nuts to proximate
pites. One 90 degree stainless steel tw;st strap will be installed on each stringer, one per pile bent.
Pile Caps - PI)e caps will be 112 dense Sou/hem Yellow Pine and treated with Chromium Copper Arsenate (CCA) with a
minimum retention of 0.6 per. Pile caps will be double bolted with 5/8" diameter t17rough bolts, washers, and nuts.
Lumber may be rough-cut to actual dimensions or finished dimensional lumber. Pile cap ends will be chamfered at a 4Sn
angle.
Hardware - All bolts, nuts, washers, lag screws, screws, trim nails, straps, brackets and miscellaneous hardware will be
hot dipped galvanized or stainless sleel. All deck fasteners will be staintess steel, without exception. All through bolls will
have washers on both sides of the lumber, bearing evenly on all surfaces. All bolts will be tightened to the
manufacturer's recommended torque values. All exterior bolts that may protrude Into Slip spaces will be counter sunk to
avoid damage to boat hulls. All bolts will meet ASTM A.325 standards for bolt Iype, stainless steel bolts, nuls & washers
will conform to the requirements of ASTM A-320 and ASTM A-153 standards for hot dipped galvanized treatment.
Handrailing - The handrailing around the dock access and along the seawall will be made from #1 dense Southern Yellow
Pine. treated with Alkaline Copper Quat (ACQ) or Copper Azote (CA) with a minimum retention of 0.4 pci /I will be 3.5'
high and constructed of 2"x2" balusters on 5" centers and 4"x4" posts on 5' centers. The cap rail, top side rail, and
bottom side rail are each 2"x6", The bottom side rail will be no higher than 5" from the deck surface. The cap rail, top
side rail, and bottom side rail will be secured with (2) 3" square drive stainless steel bolts at each post. Each baluster
wdl also be secured to the top and bottom side rails with (2) 2.5" square drive staInless steel bolts. The posts will be
bolted through the stringers with (2) 5/8" carriage bOIls. Tile handrailing along the landward side of the lIoating dock will
be aluminum pipe handrailing in accordance with FOOT Index #870 dated 1.1.08.
Floatinq Concrete Docks:
It is intended that the concrete floating docks will be as manufactured by Befllngham Marine
(WWYI. belfingham.marine. com). Alternate manufacturers may be quoted at the Contractor's option. The specifications
produced by the manufaclurer for the CONTRACTOR are inctuded by reference and will be considered as part of the
technical specifications for 'he construction, same as this document Design of the floating dock plies, including the length
and penetration, will be Included as parts of the floating dock Shop Drawings.
Dimensions:
10' wide by 150' iong overall. 10'w by 20'1 transition 10 a 4'w by 50'I/ransition to a lOw by 80'1
transllion
50 psf
18"
number, size, and length as specff/ed by dock manufacturer
12.0' NGVD
Ex/ernallo the floating syslem
Live Loading:
Freeboard:
Dock Piling:
Piling top height:
Piling guides:
Gangway - The aluminum g[mgway is to be a low profile deck with integral handraifing system. It will be constructed
using 6061~T6 aluminum with non-skid surfaces. The gangway wiJJ be 5'w x 45'1. The aluminum bolts, nuts, and washers
wJ1l conform to tile Federal Specification QQ-A-270a (1) as amended for aluminum alloy 8061-T6. An isolating membrdne
will be installed between the gangways and the woad decking to avoid any reaction between the materials. A wear plats
will be installed between the 36h gangway landing plate and the floating deck.
B/lJ PLANS, NOT FOR CONSTRUCT/ON
~' HANS WILSON & ASSOC INC
""... 1938 Hill A v.,, Ft. Mye"" Florido 33901
p .~.. Tel:239-334-0870 Fax: 239.334.7810
-' -'= i,lARINE ond ENVIRONMENTAL CONSULTANTS
1.larch 03. 2010 4: Ull; 06 p.m,
Drawing: JE14MASTEA.DIVG
3.3.10
SHEET
TFC
Bayview Park
12/15
TECHNICAL SPECIFlCA TJONS PAGE 4
'\
Cleals - The CONTRACTOR will inslall12" hot dipped galvanized sleel dock cleals along Ihe fixed and fioating docks.
The cleals will be placed 10' on cenler. The cleals will be balled Ihrough Ihe decking and wooden walers ullllzlng
appropriately sized lag bolts. Some type of isolating membrane will be installed befr.veen the cleats and the deck boards
I wooden walers (0 avoid any reaction between the materiels.
Sleel Piling Caps - All sleei piling tops associated wilh Ihe floating dock will be filled wilh conical PVC I HOPE piling
caps. PiHng caps will be black in colar and sized to within M" of piling diameter. Piling caps to be held in place with a
commercial grade adhesive.
Boat Ramp Construction
The ramp will be made ate caslin place slab 12.3' across. 26' In length, and 8" In thickness. The head aflhe ramp wlll
match the existing ramp elevation and the toe of the ramp will exrend to 4' ML!Iv. A 24" wide by 4" deep flume with hot
dipped galvanized steel grate cover will be placed before the head of tJJe ramp to catch ramp runoff and will direct boat
drip wBter into the temporary detention basin as depicted in the attached drawings. Below the cast in place slab, the
remainder of the ramp will be made of precast, reinforced, concrete slabs that measure 12.3' across, 4' in length, and 8"
in thickness. In addmon, an extension will be added onto the existing ramp. The extension will consist of precast,
reinforced, concrete slabs that measure 15' across, 4' in length, and 8" in thickness. /I is the responsibility of the
Contractor to field confinn the existing end of the ramp and make the necessary adjustments to meet the depth of the
proposed ramp expansion. The concrete will be 4,000 psi and conform to FDOT Standard Specifications Section 400
Concrete Structures, All slabs will be reinforced with #5 hot dipped galvanized rebar on 12" centers in both directions.
All reinforcements will have 3" minimum coverage and will be placed in the bottom face of the slabs. The slabs must be
placed over 8 minimum 6" thick layer of 57 stone aggregate that 1'1111 be placed over filter cloth. Each slab, including the
cast in place slab, will be connected by 2 rings of 3/8" diameter-7 strand stainless steel cable embedded Into the slabs
and clamped around the #5 rebar, The loops wl1l extend 3" out from the slab and have an approximate spread of 4" as
shown in the drawings. The loops will be tied together using stainless steel NicD connectors. The panels WIll be inflt<31led
with a 4" gap ben'leen them. The gaps should be filled with rock after placement. The head of ramp should match the
elevation of the existing ramp. The toe of the ramp should be constructed to an elevation of -4' ML W The slope of the
ramp will match the slope of the existing ramp. The finish should be 1-lnch v-groove to ensure maximum traction for
vehicles and Irsllers. The grooves should be at a 60 angle with the water.end of the ramp. Minimum 2' diameter rocks
on top of filter cloth will be placed in a doub'e row across the toe of fhe ramp expansion and the existing ramp extens;on.
The top of the rocks will be set no shallower than ~3' ML W.
Te'l,parary Detention Area
There will be a 10'w x 101 temporary detention basin constructed as shown in the plan set. The detention basin wHl be
1'deep with side slopes at 2: 1. There Will be a 4" diameter drain pipe leading from the south end of the nume into the
detention basin.
Seawall Construct/on
All vertical sheet panels wi1l be jetted or dn'ven into the bottom. Weep holes, 1" in dIameter, backed by filter fabric wH!
be installed 1-5' below the seawall cap every 4' center on each seawall panella relieve hydrostatic pressure behind the
wall. Tha oap will be reinforced as shown on the plans and tied 10 the deadmen with a #6 hol dipped galvanized Ueback
rod eve'Y 10'. All concrele will be 4,000 psi and conform 10 FOOT Standard SpeclflcaUons Section 400 Conorete
Structures. All reinforcements will be hot dipped galvanized ASTM A615 Grade 60 and have 3" mfnimum coverage. The
seams between the seawall panels will be backed with filter fabric from the cap down to an elevation of ~5' ML W The
filler fabric will overlap the seam 18" on each side. One expanslonjo/nl wlil be installed eve'Y 50' In the cap. II will be
M" wide and free and clear of all debris. Expandable pOlyethylene joint tiller will be used with a YZ"Xyz" layer a/joint
sealant on the top and bottom of the joint.
B/.o PLAHS, HOT FOR COHS'TRUC7YOH
~\ HANS WILSON & AS$OC. INC.
. .. 1938I1iJ/A,'e. fl. Myers, t'/onda 33901
.:..~. Tel:239.334.6870 fax: 239.334-7810
~ ".= -MARINE and ENVIRONMENTAL CONSUL TANTS
Murch 03, 2010 ~:O!l;05 p.m.
Orcwln~r J[;4t,IAS,ER,OWG
3.3.10
SHEET
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Bayview Park
13/15
./
TECHNICAL SPECIFIC A TIONS PAGE 5
Panel LenQth Al[)!!Jl Boat Ramp.'
The length oflhe seawaff panels wl1f vary based upon the exposed face along {he side of the boat ramp as follows:
Exposed Face
6'105'
5't04'
4'103'
3'102'
2'orlesS'
Panel Length
14'
12'
10'
6'
6'
Panel Lenqth Alana Canal:
The seawall panels along the canal front will be 16' in length to accommodate the existing depths.
Panel Details:
Walllenglh: 115 If on north side of ramp and 326 If on soulll side of ramp
Panel dimensions: 8" thick x 4' wide x varying lengths (see above)
Panel reinforcement: (6) #5 vertical bars and #4 bars on 18" centers honzontally
Cap dimensions: 12ntallx 18" wide
Cap reinforcement: (4) #5 reinforcements with #3 stirrups on 24" spadng
Deadmen size: U cy or con ere/e. on 10' centers, set back 12' wl1e17 the exposed face is 4' or less and
installed to an elevation of 1.5' NGVO to allow for future construction, set back 18' when the exposed
face is over 4' and Installed to an elevation of 2' NGVD allowing for 2' of soil coverage
Tieback rods: #6 hot dipped galvanized bars tied to deadman with a 90 degree tum into deadman, on 10' centers,
encased in poly tubing
Attach New and Exislinq Seawalls:
The sea waif along the north side of the boat ramp is to remain in place. Once the new seawall panels are instal/ed, the
new and existing caps and panels will be joined. At the local/on where the new seawall will joIn the existing wall, the
concrete orthe existing cap will be removed for 8 minImum distance of 18" along the ramp. Four #5 hook bars with 90
degree bends In them will be installed overlapping the new and existing steel for a minimum of 18" on each side oftl1e
corner. The new and existing steel will be tied together. Next the landward sIde of bDth seawalls wHI be excavated for a
minimum distance of 24" along the wall. The excavation will be from the cap down to l' below the mud/ine on the front
face. Plywood or other sirnilar ronn material 12" in width wi11 then be Installed on an angle 10 create a (dangle at the
location where the new and existing panels mee t. 4,000 psi concrete conforming to FOOT Standard SpeCifications
Section 400 Concrete Structures will be poured into the opening and over fhe steel in the cap to seal the panel joint and
complete the cap union.
Turbidity Monitorina
Turbidity monitoring will be perfonned in accordance with the FL Department of Environmental Protection Permit
No. /1-0215295-001 & -002 and the US Army Corps of Engineers Permit No. SAJ-2007-2040.
Construction Conditions
The Contractor will comply with the July 2005 Standard Manatee Construction Conditions for in water construction and
the Sea /urtle and Small/ooth Sawfish Construction Conditions of March 2006.
B/1) PL4JVS; NOT FOR CONSTRuCT/ON
,~ _HAN~m'~~~~I. ~'y~s~~gd~j3j{;fC.
;,\.=:- Tel:239.334-o870 Fax: 239-334-7810
~. ~-= '-MARiNE and ENVIRONMENTAL CONSULTANTS
M~tch OJ. 2010 4:08:D6 p.m.
Dr'1\'1111t]: J[14MA,SlER.DWG
3.3. iO
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Bayview Park
SHEET
14/15
TECHNICAL SPECIFICA TlONS PAGE 6
""\
/mpOHantDocul71ents
Documents relating 10 the proposed work include the following. It is the responsibility of the Contractor fa make sure they
have all necessary copies.
Q ,cL Department of Environmental Proteclion Permit No. 11-0275295~001
" US Army Corps of Engineers Permit No. SAJ-2007-2040
" City of Naples Building Permits
. Report a/Geotechnical Explora/ion Projer;t No. 109-049.02 from Forge Engineering, Inc dated July, 9, 2009
B/j} PL4NS NOT FOR CONSTRUCT/ON
(\'" HANS WILSON & ASSOC INC
, " 19381-lill/we, Fl. Myers, Florida 3390 I
,,,,,~'-- Tel:239-334-68/0 Fax: 239.334-7810
'\, - - -' "- - 'MANINE and ENVIRONMENTAL CONSUL TANTS
!,larch OJ, 2010 ~:QE;06 p.m,
Orowinlj; JE1'~IMSTEitDWG
3,3.10
TFe
Bayview Park
SHEET
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"'. PLUG P,IPE
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SAWCUT::,-AN6:
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SIGNS TO
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SIDEWALK TO
BE REMOVED ~
SIGN TO
BE RELOCA lED
EX!STING BOAT RAMP
TO BE EXPANDED
PALM TREE TO
BE REMOVED
DOCK TO
BE REMOVED
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CH-R:S'YOf-'HH~!)_ H/lGAN, PI
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JOHNS
II
ENGINEERING
2350 ST;lNFORIJ COURT
NAr'LES, rLORIDA .34112
PHQr>,'t. (239) 4.34-0333
FAX (739) 4.34-9320
E.B. #642
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H'W~, (5) ,.: ..3.00
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PROPOSED SEAWALL
PROPOSED F!XED
WOODEN DOCK
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ADS YARD DRAIN
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~ PROPOSED
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PROPOSED SEAWAll CUT
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DE\IICE FOR FUTURE 24" RCP
CONNECTION
~ PROPOSED SEAWALL
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ENGINEERING
2350 STANrOl'D COURT
NAr~Ll::S, H ORICA 34112
P,,;ONf (23~) 434-1]333
r-AX (,239) 434-9320
U:J. #642
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BA~EW PARK EMERGENCY
CONTACTINfO~ATION'A~D
ENVIRONMENtAL' fOUCIES SIGN
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"SMALLTOOTH /0! : I
SAYFlSH" SIGN /',... ~
BROCHUREJ'i!
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GUIDE ro COLLIER
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RELOCATED MONOFILAMENT
LINE RECYCLING CONTAINER
AND SIGN
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DETAILS
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CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bayview Park Phase 1
BID NO. 10-5480
Full Name of Bidder Kelly Brothers. Inc.
Main Business Address 15775 Pine Ridge Rd. Fort Myers, FL 33908
Place of Business 15775 Pine Ridge Rd. Fort Myers, FL 33908
Telephone No. 239/482-7300
State Contractor's License # CGC 062389
Fax No. 239/482-8014
State of Florida Certificate of Authority Document Number656515
Federal Tax Identification Number 59-2069592
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-l
Cdt
BID SCHEDULE
Bayvlew Park Phase 1
Bid No.10-S480
Please Input your prices online via www.colllergov.net
GC-P-2
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
malerials outlined in this Bid specifications. Exceptions (when equals are acceplable)
may be requested by completing the Material Manufacturer Exception Lisl 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)
Signature:
- >.... ,;_:~;~-~:..; \:;::'::';:~I~'(~~;~':-:f~~x-:~If
iJille: 04/2:1/10.. <...:
Cresenle Bautista. 5775 Pine Ridge Rd_ Fort Myers, FL 33908
A Florida Corporati n
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL
EXCEPTION MANUFACTURER
1.
2.
3.
N/A
NIA
4.
5.
Please insert additional pages as necessary.
Company: Kelly Brothers, Inc.
S. N/A
Ignature:
- -- .. --.
. .. .
'..,'",'.',','
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D~le:04!2 1/1 0
Cresente Bautista - 15775 Pine Ridge Rd. Fort Myers, Fl3390a
A Florida Corporation
GC-P-3
LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON.RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the
major categories outlined in the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors
for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and
Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and
necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to
disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its
bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any
Subcontractor, at no additional cost to Owner, which is found to be non-compliant with
this requirement either before or after the Issuance of the Award of Contract by Owner.
(Attach additional sheets as needed). Further, the undersigned acknowledges and
agrees that promptly after the Award of Contract, and in accordance with the
requirements of the Contract Documents, the Successful Bidder shall identify all
Subcontractors it intends to use on the Project. The undersigned further agrees that all
Subcontractors subsequently identified for any portion of work on this Project must be
qualified as noted above.
1.
Major Category of Work
Subcontractor and Address
2.
Asphalt Paving
Gulf Paving, Inc. of Fort Myers, FL
Maintenance of Traffic
Traffic Control Products Fort Myers. FL
3.
4.
Floating Docks
Shore Masters Jacksonville, FL
5.
Dllte:04/21/10
signature:
GC-P-4
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and location Reference
1.
Caloosa Preserve Boat Ramp/Alva, FL Chester Young
239/334-6870
2. Albert Plonke
Horton Park Shoreline/Seawall Cape Coral, FL
239/574-0475
3. Rich McConville
Manatee Park Seawall/ Fort Myers. FL
239/332-2887
4. Ron Brylski
Sanibel Causeway Bridges / Fort Myers, FL
504/827-7689
5. Andrew Edwards
Kosinksi Bridge Replacements / Placida. FL
800/226-4178
6. Corkscrew Canal Improvements / Naples. FL Nick Kretls
561/682-6245
Cresente Bautista. 15775 Pine Ri ge Rd, Fort Myers. FL 33908
A Florida Corporation
Dated 04/21/10 Kell Brothers, Inc.
Bidder
BY: Bautista
GC.P.5
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f~1iit> ,'..,> 15775 Pine Ridge Road' Fort Myers, FL 33908
\\'t~,," :' i Phone: 239/482-7300' Fax: 239/482-8014
, , W'MV.kellybros,net
Collier Co. - Bayview Pari, Phase 1 - References
Solicitation #10-5480
Jason Williams
City of Marco Island, FL
239/389-5018
Nick Kretis
Sonth Florida Water Management
561/682-6245
Ron Brylski
Boh Brothers Construction Co.
504/827-7689
Andl'ew Edwards
YOI'k Bridge Concellts
800/226-4178
Ed Bugel
TamJla Port Authority
813/905-5044
Eddie Martin
Collier Co. Transportation
239/252-5795
dr
TRENCH SAFETY ACT
Bidder acknowledges that included In the various items of the bid and in the Total Sid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
IDescriDtionl
Units of
Measure
ILF.SYl
Unit
IQuantitv)
Unit
Cost
Extended
Cost
sy
70
$85.00
$5,950.00
TOTAL
$ 5,950.00
Failure to complete the above may result in the Sid being declared non-responsive.
Dated 04/21/10
Cresente Bautista
BY;
Cresente Bautista. 15 5 Pine Ridge Rd. Fort Myers, FL 33908
A Florida Corporation
GC-P-6
.S~!~~~2:.
AdlT'inislmllva Selvlces OMslon
Purcl'3SWJ
Affidavit for Claiming Status as a Local Business
BID #:10.5480 (CHECK ApPROPRIATE BOXES BELOW)
State of Florida (Select County If Vendor ia described as a Local Buslneas
D ColUer County
IKl Lee County
Vendor affirms that ills e local business as defined by the Purchasing Policy of the Collier County Board of County
Commissioners and the RegUlations Thereto.
As defined in Section XI of the Collier County Purohaslng Policy;
A "local business. is defined as a business that has a valid occupational license Issued by either Collier or Lee
County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased, and a physical business address located within
the limits of Collier or Lee Counties from which the vendor operetes or performs business, PoslOfflce Boxes are
not verifiable and shall not be used for the purpose of estebllshlng 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 verifleble and measurable way. This may include, but nol be
limited to, the retention and expansion of employment opportunities, the support and Increase to either Collier or
Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County.
Vendors shall affirm In writing their compliance with the foregoing at the time of submitting their bid or proposal to
be eligible for consideration as a "local business" under this section.
Vendor must complete the following information:
Year Business Established in DCollier County or Il!'J Lee County: 30 Years
Number of Employees (Including Owner(s) or Corporate Officers): 43
Number of Employees Living in D Collier County or ~ Lee (Including Owner(s) or Corporate Officers): 35
If requested by the County, vendor will be required to provide documentation substantiating the Information given In
this affidavit. Failure to do s It In vendor's submission being deemed not applicable.
Vendor Name: Keliy'
Dale: 04/21/10
Title: Vice President
BauUsla. 15775 Pine Ridge Rd. fort Myers, FL 33908
a Corporation
o COLLIER COUNTY
~ LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and Counly, on this 21 st
A ril ,2010
Day of
~..~;";;;~ IIEATHERHAGLUNO
~~~"'f, MY COMMISSION #00643648
.; , EXPIRES; FEB 25.2011
1'~~,I'\.~ Bonded l~fI)iJgh 1-: Sl~t~ In~ur~<1~"
Notary Public
My Commission Expires: ,.j
(AFFIX OFFICIAL SEAL)
GC-P-7
SUO(;0121
L.ee County Tax Collector
2480 Thompson Street
Fori Myers, Florida 33901
www.leetc,com Tel: (239) 533.6000
Local Business Tax Account~ 0200066
..,
Dear Business Owner:
Your 2009-2010 Lee County L.ocal Business Tax Receipt is attached below. f'lease detach tile
receipt and display it in a place that is visible to the public and available for Inspection. The Lee
County Local Business Tax Ileceipt is in mlclition to any otiler license or certificate that may be
required by law and does not signify compliance with zoning, health or other regulatory requirements,
The L.oo Counly Locall3usiness Tax Ileceipt is non-regulatory and is not an endorsement of work
quality.
Your 2009-2010 Local Business Tax Receipt is valid from Octobor 1, 20091hrou9h September
30, 2010. Annual account notices are mailed in August to the address of record at that time.
Please follow the instructions on the back of this letter to transfer your Local Business Tax Account
due to a change of business name, ownership, physical address or you are closing your business.
Illope you have a successful year.
/~/'~
Lee County Tax Collector
Dc/rldl and disp1ny bollom portion <llld kef'p upper pt~t1ion ror ycur rccold~
LEE COUNTY LOCAL BUSINESS TAX RECEIPT
""'<"'"'''''' 2009 2010
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, ""'~J,\ 0 ====,==c==.=~=C"'=~"~C~,="~~~=,~",~='~==~~~='""~=-='c~~_~==~=~~~~....==
" .' :...~~)" ACCOUNT NUMBER: 0200066 ACCOUNT EXPIRES SEPTEMBER 30, 2010
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May"c~u~gom Ille ~6i-I$inr}ss-oE-----------'-"'--'--'----'_.-
CEJlTIFIEO GENERAL CONTRACTOR
Location
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ftjlS LOC^-LBU_SJtJ~S~TAX.fl~CEIPT is NOl!flEGl!.LATOfl~._
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BAUTlST A.CRrsEN rro c
1577b PINE RIOGE no
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TIllS IS NOT ^ !JIll- DO NOT PAY
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ST A TE OF FLORIDA
DEPARTMEN1' OF BUSINESS AND PROFESSIONAl, REGUI~ATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TAI,I,AIIl\SSEE n 32399-0783
(850) 487-1395
KEI,LY BROTHERS INC
15775 PINE RIDGE ROAD
FORT MYERS FL 33908
-,...-...- ~_. _.~._-- -' .._-_._--_..~--_.-._-~.._.,~~_.-- -..----.."."
Congratulallons! With this license you lJeCQ@1 one of 1111'1 nearly emu million
f-Ioridi.:ms licensed by HIe Dopartment 01 HUStno$$ and Profcs~ionul Rp.fjul,.)IJon.
Our professiooals and husinossos range from architects to Y<Jcht brokers, from
boxers I() bilrbequo rostaumnls, ilnd t1lOY keep Florida's economy strOll!],
"it> STATE OHlOR'OA AC# '1'135 fJ11
.:(~f.:'t} DKPAR'l'MEN'l' O~' BUSmgSS AND
'\j~~i PROFESSIONAIJ REGULl\TION
.080010370
06/09/09 080520136
Every day wn work to improve tl1e way we do businoss in order to servo you botler.
For infort1l<1tjon about our services, please log onto www.myfforidaficcnse.com.
There YOll Ciln find mom informntion ahoul our divisions (In(J lhe renulalions thai
impilct you, subscribo to deparlmont newsletters and learn morn almullhc
Uep<lrhncnt's initiativns
QUALIFIED BUSINESS ORGANIZATION
KBf,LY BROTHERS INC
(NOT A LICRNSK TO pgRFORM 'WORK.
ALLOWS COMPANY TO no BUSINKSS IF
IT HAS A 1,ICKNSED QUAI,IFIlm.)
IS QUALIFI8P \lnder thn provldollll vI Ch,489 rt1
~~fllr"tJ"" ,j"t.", AUG 31, 2011 r,U9060~0l1bl
Our mission;11 the Dr.paftmenl is: License r:rlicienlJy, Reguln!c Fairly. Wfj
r:onslnntty strive to serve YOll hotler so that yOll call SBfve your cuslomers.
rhank YOll for doing lJw;iness in norida, and cl1oglalulntions on your new licom;.ol
--------.---.---.....,,-
" d
DE I'^CH HERE
.____~____~__~._,.._..U...._...~u_.._~_..__.__ ._.______..._~. _ ..._,_,..u,., .."-_...~.-
,AC# 44:)~~jOl:L
..
,
STATE OF FLOI~IDA.
:Li~;PAR'i'MENT OR BlJsniESS AND PROF:NSS'IONAI, RE:GUr,ATION
" ' ,CONSTRUC;.'ION INDU1?TRY, l,~CENSING BOARD SEQ# T,09060901162
'."
Lj: <';ENsE'NBI{~----'
_Q..6.L0,9/2009 0805,,2.913L Q!l90JJI~7(L,__
The BUSINESS ORGANIZA'rtON
Nal~ed below IS QUALIFHlD". .
Under the provisiens ofChaptcr 489 FS.
Expiration date: AUG 31, 2011
(THIS ,I~ NOT 'l\, I~ICENSE TO PERFORM WORK, THIS AI,LOWS
"COMPANY'TO DO au'SINRSS ONI,Y IF IT !lAS A QUI\I~n'IER.)
; . .~. KJ,jt,r,Y:BRoT/1FiRSANC
1$775 PINE.' RIDGE ROAD
~'OJ\.T MYERS' FI~ 33908
CHARLIE CRIS'!'
GOVI';HNOR
I W~PI AY l\~~ I~LOI linED BY IJ\''IV
C!lAIU,ES W. DRAGO
SECRETARY
. _._-<---~._,.......-_.,~
~~'ii.,V.' , STATE OF FLORIDA
. \".' . filS DEPARTMEN1' OF BUSINESS AND PROlmSSIONAl.
~~ J CONSTRUCTION INDUSTRY LICENSING BOARD
'< ~. 1940 NORTH MONROE STREET
't,~.".." TALIJAHASSEE FL 32399-0783
-",.,,,-""
REGULATION
(850) 487-1395
BAUTISTA, CRESENTE CORONEL
KE!.LY BROTHERS INC
15775 PINE RIDGE ROAD
FORT MYERS PI. 33908
Congrntulnlionsl Wilh this Iir:cnse you become onn of the nearly ono million
Floridiflns licensed by the [)cptlrlment of Business and Professional HH9u1ntion.
Our [lrofossion8ls and businessos rango from Drr..hilects to yacht brokers, from
hoxers to barheque restaurants, and they keep FlorltJa's oconomy slroll9.
Every dny we work to improvo tho way we do business ill areJer 10 smve you boUer.
For Information about our servicos, pluase log onto www.myflorldatlccIl5c.com.
Thero you con find more inforfll.Jtion about oLlr divisions Dnd tho regulations that
impact you, subscribe to dermtmcnt newsletters nncllearn more nbotl! IIw
OcpJrtlllont's initiatives.
Ollr mi!ision at the Dop<lfhnenl is: License Efficiently, HCfjulalo roirly. Wo
conslanlly slrive 10 sorvo YOI.! bolter so Illn! YOll can serve your cuslomers.
TIU1nk YOll for doing husiness in rlorida, llod congraluliltions on your new licenso!
DET N~H limE
^Gi!
'1 () i.t L'J' (1 c) OJ
.,) '- 1\, ,j... \
STATE OF FLOHIDA
-" ,"
. -.'
DEPARTMENT OF BUSINESS' AND PROFESSIONAL REGULATION
'CONSTRUCTION IND\JSTRYLICENSING BOARD
SEWIL0808260182B
"' ___W~__'."'~ ___..._____ j
"---~-----~=-~=-~
n. I. rCENSENHRm--- '.---------
LQJ/::~~:O~ 0'8'Q009}_~2.~, CGCO~3~;--=_=~~_=-=-~==~n
The GENERAl, CONTHACTOR
Named below IS CERTI!>'IRD'
Under the provisions of'Chapter 489 1"8.
Expiration date: AUG 31, 2010
, .
BAUTISTA, ~RESENTE CORONEL
KRLI, Y,: BROtHEHS INC
900l. SAN CARLOS BlND
FORT MYERS F'[, 33912
CHARLH~ CRIST
GOVERNOR
i"l<~nr h'V'.'f"ll-r-:r--..t rll')r-~n nv I {>,ll11
CHARLE8 W. DRAGO
SECRE'J'ARY
.5!!l!~~.
Admini$ltalive SeNlcss DM.ion
PurdlaSfny
Immigration Affidavit Certification
Bid # :10-5480
Title: Bayvlew Park Phase 1
This Affidavit Is required and should be signed, notarized by an authorized principal of the firm and submitted with
formallnvllatlons 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.responslve.
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 ate) Section
274A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation 01 Section 274A (8)
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
Title Vice President
Date 04/21110
775 Pine Ridge Rd. Fort Myers, Fl33908 A Florida Corporation
Print Name
Signature
STATE OF Florida
COUNTY OF Lee
Tha foragolng Instrument wae slllned and acknowledlled before me this ~day of April
20~ by
Cresente Bautista
(Print or Type Name)
Personally Known To Me
(Type of Identification and Number)
who has produced
as Identification.
.-". HEATHER HAGLUND
,j~~'io MY COMMISSION #00643646
~ ' EXPIRES: FE625, 2011
~I:f~ l3onde~ throu~h 1': \)!~te Insuranr."
Printed Name of Notary Publi
c,;?~11
Notary Comm ssion Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, tha 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 tha 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 10 characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely
manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site
within 5 calendar days from the commencement date stipulated In the written Notice to Proceed
unless the Project Manager, In writing, subsequently notifies the Contractor of a modified (later)
commencement date. The undersigned further agrees to substantially complete all work
covered by this Bid within one hundred fifty (150) consecutive calendar days, computed by
excluding the commencement date and Including the last day of such period, and to be fully
completed to the point of final acceptance by the Owner within thIrty (30) consecutive calendar
days after Substantial Completion, computed by excluding commencement date and including
the last day of such period.
RespectfUIlV Submitted:
State of Florida
County of Lee
Cresen!e Bautista , 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.
Cresente Bautista , 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
Florida
Kelly Brothers. Inc.
as follows:
a corporation organized and
which operates
existing under the laws of the State of
under the legal name of
, and the full names of its officers are
GC-P-9
01r
President Danny Kelly
Secretary Danny Kelly
Treasurer Danny Kelly
Manager Cresente Bautista - Vice President
The Manager I Vice President
contracts for the company
Auoust 17, 2005
last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as follows:
is authorized to sign construction bids and
by action of its Board of Directors taken
, a certified copy of which Is hereto attached (strike out this
N/A
N/A
The co-partnership does business under the legal name of:
N/a
(c) Individual
The Bidder is an Individual whose full name Is N/A
operating under a trade name, said trade name is NIA
, and If
l~
1vIar~ BY:
~
' o;? /
Itness ~
Kell Brothers, Inc.
legal entity
Signatur Cre enle aullsta - 15775 Pine Ridge Rd. Fort Myers,
F 3908 A Florida Corporation
Vice Preside t
Title
GC-P-10
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A.Vtate oft_Florida
Depllrtment of Stllte
I certify from the records of this or/ice that KELLY BROTHERS, INC.
is a corporation organized under the laws of the State of Florida, tiled on
rebruary 20, J 980.
The document number of this corporation is 656515.
I tllrthcr ccrti fy that f;aid corporation has paid all fees due this office
through December 31, 20 J 0, that its most recent annual report WAS filcd
on January 12,2010, and its status is active.
I further certify thaI said corporation has not filed Articles of
Dissolution.
..': ': ';' \:, lE"3~):~:,:."
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Flaridll, lit 'ti/IIlIlIl/s.I'(I1, tile Cllpitlll, tMs tll..
[>'o/ll'lel1l1ll1 day '~f'/(II/{IIII)', ?IJ/(}
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AlIdl~llIi,' IliOlllD: 10016SH1l}.:)'H.OII.IIO.(;:,6515
r l) ~Hlllt('llliC1I(' !hiS UlIiJi.::l, [C.\'I~illh(.', fnlk.."illi1 :'It.:, <;Iltcr lhi'.
rD, ,1IId th{'u (\"ll}\\' Ihl.' bUlll~llVll'i dhpIJYl.'d. -
h II 11,://('111,' .SlI III. i l," "((/ccr/II" Ih VCI', h 111I1
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c:(;1i.'icr COUf1ty
;;:',('IS: ,j'~{~ ,'->r:i\il(/"', j'..r:,i()(1
IIL'I:':;
Email: scottiohnson@collierQov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
ADDENDUM
Memorandum
Date:
April 2, 2010
From:
Scott Johnson, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #1 -ITB #10-5480
"Bayview Park Phase 1"
The following clarifications are issued as Addendum #1 identifying the following change(s)
for the referenced bid:
1. Additional plans
2. Changes to bid schedule
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Clint Perryman
tXr
Addendum Template
Revised: 3/25/09
1
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 Tamiaml Trail, East
Naples, Florida 34112
12. The mailing envelope llJ.lW be UIW1 and marked with:
~Bld Numberi 10-5480
~Project Namei Bayvlew Park Phase 1
~Openlng Date.
13. The Bid will be mailed or delivered in time to be received no later than the specified
ooenlna date and time. otherwise Bid cannot be considered.
ALL COURIER.DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE CO IER PACKET
nte Bautista
Signature & Title es.. Ba Ilsla -15775 Pine Ridge Rd. Fort Myers. FL
33908 A. Florida Corporation
Date: April 21, 2010
GC-P-14
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we KELLY BROTHERS, INC.
(herein after called the Principal) and
Travelers Casualty and Surety Company of America ,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of Connecticut with its principal offices in the city of Hartford
and authorized to do business in the State of Florida are held and
firmly bound unto the Collier County
(hereinafter called the Owner), in the full and just sum of
Five Percent of Amount Bid dollars ($ 5% of Bid )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
Bayview Park Phasei
Bid No. 10-5480
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ 355.10 noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
othelWise to remain in full force and effect.
GC-P.12
c'd
I-l0BcBI-68c
5.J'HI~o.Ja Rlla~
"91-:60 01 OC .JdU
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 21st day of April ,2010.
BY
Principal
(Seal)
of America
Surety
(Seal)
Countersigned
Local Resident Producing Agent for Nielson, Hoover & Associates
GC-P-13
E'd
..10828..6E2
s....IO:H~+O..JH R 1 {a)l
"9..:60 01 02 ..ldlcJ
....
TRAVELERSJ
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Farmington Casualty COIl1llany
Fidelity llnd Guarant)' Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Attorney-In Fact No.
222181
Sl. Paull\lercury Insurance Company
'l'ranlers Casualt}' and Surety Company
Travelers Casualt)" and Surely Company of America
United States Fidelity and Guaranty Company
CcrlilkatcNo.003512908
KNOW AI.Ll\1EN BY THESE PRESENTS: Thai 51. Paul Fire nlld Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the Stale of Minnesota, that Fanning!on Casualty Company, Travelers Casualty and Surety Company. and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the Slate of Connecticut, that United States. Fidelity and Guaranty
Company is a corporntion duly organized under the laws of the Slate of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly org.1nizcd under
the laws of the State of Iowa, and Ihat Fidelity and Guaranly Insurance Cnderwriters, Inc., is a corporation duly organjzed under the ];\Ws of the State of Wisconsin
(herein collectively called the "Companies"). and that the Companies do hereby make, constitllte and appoint
Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, David A. Hoover, Gicelle Pajon, Olga Iglesias, Gloria McClure, and Arthur Colley
of the City of Minmi Lakes _' State of Florida ,their true :lnd lawful AUomey{s)-in-Fact.
each in their separate capacit)' if more than one is namcd above. to sign, execute, selll and tlcknowletlge any and all bond" recognilunce,'i. I,:ollllitional Ulllleltukings and
other writings ubligatory in the nature thereof 011 behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or gllanmteeing bonds and undertakings required or permincd in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Comp<!J.lie;; have caused this iJ1Strllment to be signcd and their eorporntc seals to be hereto flllixcd, this
I f February 2U 10
(a)'o '_.__..
261h
Farminglon CaslInll)' Company
Fidelity and (~lIaranly Insurance Company
.'Idclily and Guaranly Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Compau).
~
~
o".~
'~''''::'''-.
i-; , l.
~"'"''''
State of Connecticut
Cily of Hmlford ss.
St.llaull\lercury Insuranre Complluy
Travelers Casuall)' and Surely Company
'l'rll\'elers Casualty and Sure'). Company of Amedra
United Stales }o'ldelity and Guaranty Company
By'
O h. I 261h . February 2010 h f ' \
n t IS 11e day 01 ,______. (' ore me per5ll11ally appeared (leorge V Thompson, who .lClnowlcdged
himself to be lhe Senior Vice President of FilrmillglOJ\ Cnsually Company, hdelity und Guaranty Insurance Company, Fidelity :Iud Guarant)' Illsurance Underwriters,
Inc., St. Puul Fire and "brine Insural1ce Company, 51. Paul GuanJinn Insurance Company, SI. P~ul !\lcrcury Insurnnce Company. Travelers CasuallY and Suret)'
Company, Travelers CU~lIalt)' and SUH:ly Company of AlI1eriul, ;md United Stales Fidelity and Guar<tnty Company, and thm he. as weh, being iluthorilcd so 10 do,
executed the foregoing instrumcnt fOf the Jll1l'poses thereilll.'Ol1t,lined by signing on behalf of the corporations by himself <IS a duly <lulhoril.cd officer.
In Witness Whereof, I hereunto set my hand and offici,11 scal.
My Commission expires lhe 30lh day of June, 2011.
58440.4-09 Printed in U.S.A.
_~_~L~
Marice. Tetrcault.:-':otmYPl;blic
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
'^,""".""~,"",,_"""~"'=~"""'~~""""'-"~"';",,_""""""'''c~''';='''''''''_~_='''''''"''''''''''__.____'''_''''''!""'i~,",i=",,-"~""""""""""'~_""""""".
WARNING: ) I 'I~ POWER OF ATTORNEY IS INVALID WITHOUT THE RED Be.., .....t:A
This Power of Allorney is granted under and by the authority of the following l'csolmions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and GuaranlY Insurance C(lmp,my, Fidelity and Guaranty Insurance Underwriters, Inc" Sl. Paul Fire and Marine Insurance Company, Sf. Paul Guardian Insurance
Company, 51. Paul Mercury Insurance Company. Travclcrs Casualty ,1nd Surely Company, Travelers CllsuaIty and Surety Company of America, and United Stales
Fidclity Md Guaranty Company, whkh resolutions ;lfC now in full force and effect. rending as follows:
RESOLVED, that the Chaionan, the President, any Vice Chllirman. any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Trcnsurer. any Assistant Treasurer. the Corporale Secretary or any Assistam Secretary may appoint Auorneys-in-Facl and Agents to act for and on behalf
of (he Company and lUay give such appoinlce such authority a." hi$ or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or condjtional undertaking, and any
of !laid officers or the Board of Directors at any time Illay remove any sllch appointee nnd revoke the power given him or her; and it is
FURTHER RESOLVED. that the Chairman, [he President, ,lilY Vice Ch<lirman, any Executive Vice President. any Senior Vice President or any Vice Presidenl may
delegate. aU or any part of the foregoing authority 10 one. Of more officers or employees of Ihis Company, provided lhat each such delegation is in writing and a copy
thereof is filed in the offil:e of llle Secretary; and it is
FURTHER RESOLVED. that any bond, recognizance, contracl ofindemnil)', or writing obligalory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon lhe Company when (a) :r.igned by the President, any Vice Chaimlan, any Executive Vice President, any Senior Vice President or any Vice
President, .lOy Second Vice President, the Treasurer, <lilY Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with lhe
Company's seal by a Secretary or ^ssistanl Secretory; or (b) duly executed (under seal. if required) by (lIle or more Attorneys-in-fact and Agents pursuant to the power
prescribed in his or her certificate or thcir celtifiClltcs of authority or by one or more Company officers pursuant to a weinen delegation of authority; and it i~
FURTHER RESOLVED, that the signature of each of the following officers: President, any E~ecutive Vice President, any Senior Vice President, any Vice President,
nny Assistant Vice President, nny Secretary. ;-my Assistant Secretary, and the senl of the Company may be affixed by facsimile to any Power of Attorney or to any
certificnle relnting thereto appointing Resident Vice President$, Resident Assistant Secretaries or Attorneys-ill-Fact for purposes only of executing and anesting bonds
and undertakings and other writings obligatOlY in the natllre thereof, nod .my such Power of Attorney or certificate bearing such facsimile signature Of facsimile seal
shall be valid and binding upon the Company and ;lny such power so executed and ccrtined by such focsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to ally ~und or Unt!l.'fSlllnding to which it is attached.
I. Kori M, Johullson. the undcrsigned,Assistant Secretary, of Fannington 'Casualty ComparlY, Fidelity ulld Guaranty Insurance Company. Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Illsurance Company, St. Paul GUindian Insumnce Company. Sf. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity a.nd Guaranty Company do hereby certify that tbe above and foregoing
i~ a tnle .1tld corrcct copy of the Power of AUomcy executed by said Companies. whkh is in full force and effect ilnd has !lot been revoked.
IN TESTIMONY WHEREOF. I ha\'e hereunto set my hand and ~ffixcd tbe seals of said Companies Ihis ~21 st
d, of April 2010.
y ---.---.---.-------.-.. -
s
~
~
To verify !he authenticity of this Pov,.er of Allomey, c<l1I1"8oo-421-3880 or fontact us at www.lravelersbond.com.Please refer to the Allorney-In-Facl number, the
above-named individuals and the detai!f> of the bOl1d to which the power is allochcd.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
I.~""'c"'~"==-v.~'~"":"';'"-'='~"~'"'-":<I-.",~~"""J="'~'=~:>c"'>..!,.",,,,,,,:,=""_~'''''''''=~'''''''-~',,"=';''<:W'".'-''',''_''':.'C''~'''ft"'''''''''';C''''''-4"""~-"'^"'''''''''~=''''''''X''''''''"'""''''''';''"_'''';':''''''''''c:.~.7-''''-';''O''"1r~J.,,,,,-,,--:,",",.=>._."
CO~~l" County
..""'.....~'--'-~~~."...........".,--
AdrT1lnlstratlve SelVlces Division
PU"'lla$II~1
Affidavit for Claiming Status as a Local Business
SID #:10-5480 (CHECK ApPROPRIATE BOXES BELOW)
State of Florida (Select County If Vendor Is described as a Local Suelness
o Collier County
I8J Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Boerd of County
Commissioners and the Regulations Thereto.
As defined in Section XI of the Collier County Purchasing POlicy;
A "local business' Is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1) year prior to a Collier County bid or propesalsubmlssion thai 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 tex base, and residency of employees and principals of the business within Collier or Lee County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposel to
be eligible for consideration as a "local business" under this section.
Vendor must complete the following information:
Year Business Established In OCollier County or I8J lee County: 30 Years
Number of Employees (Including Owner(s) or Corporate Officers): 43
Number of Employees living in 0 COllier County or Ii2J Lee (Including Owner(s) or Corporate Officers): 35
If requested by the County, vendor will be required to provide documentation substantiating the information given In
this affidavit. Failure to do s It In vendor's submission being deemed not applicable.
Vendor Name: Kelly,
Date: 04/21/10
Signature: Title: Vice President
STATE L R rase Bautista. 15775 Pine Ridge Rd_ Fort Myers, Fl 33908
OF F 0 IDA A Fror tla Corporation
o COLLIER COUNTY
I!IlEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 21st
A r'1 ,201L.
Day of
Notary Public
My Commission Expires: ~ 5
_>...~. HEATHER HAGLUND
',."vf>t.J
,u~~' MY COMMISSION #00643648
, . EXPIRES: Ff815, 2011
~"~BOfldedlhIO"Ohl"\'1I'IO""",'
(AFFIX OFFICIAL SEAL)
GC-P-7
SUOC0121
Lee County Tax Collector
2480 Thompson Slreet
Fori Myers, Florida 33901
www.leetc.com Tel: (239) 533-6000
Local Business Tax Account: 0200066
Dear Business Owner:
Your 2009.2010 Lee Counly l.ocal Business Tax Receipt is attached below. Please detach tile
recoipl and display it in a place that is visible to the public and available for inspection. The l.ee
County Local Elusiness Tax Heceipt is in adctlticn to any otller license or cerli/icale thaI may be
required by law and does not signify compliance with zoning, health or other regulatory requirements.
The Lee County Locall3usiness Tax Receipt is non-regulatory ancl is nOI an endorsement of work
quality.
Your 2009.2010 Local Business Tax Receipt is valid from October 1,2009 lhrough September
30, 2010. Annuaf aacounl notices are mailed in August to the address of record allhat time.
Please follow the instructions on the back of this leller to transfer your Local Business Tax Account
duo 10 a change of business name, ownership, physic<lt address or you are closing your business.
I hope you have a successful year.
/~C~
Lee County Tax Collector
001:1'-/1 <l/ld fJi~;.pli1Y tJollom portion <Hid I<:eep UppN portion lor Y:':Ut rCCOI(jr;
LEE COUNTY LOCAL BUSINESS TAX HeCEIPT
2009 - 2010
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ACCOUNT NUMBER: 0200066
ACCOUNT EXPIRES SEPTEMBER 30, 2010
Location
15775 PINE HIDGf no
F r MYEnS fL 33~08
W~y -e;;ilJonlniilOi~I/.Sfne,;s"Of:'..--'---" ---.--.-..
CERTlFIEIJ GENERAL CONTRACTOR
KELLY Ofl0TIIERS INC
f)AUTlS IACRESENTE C
1[;775 PINE RIDGE flU
FT MYFflS Fl. :l~!!10a
_TI"2...I,~ALBIJSIN-"-SS T_^!.,!ECEIPT IS NO~REGl!.LMO!l1-._
-...,--.----.. .._,.._-_._~._-~._-,._._---------
____1]~~,s NOl'AP".l.l_: DO NOT PAY.____
PAID 01/1&1-134-1
OR/21/2GO'J t 1.06 AM
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Qualifier Certification Information
cnrp!.3!)/ Ou,Jliiic'( CertlflC<li'inl1 In[orn:atiun
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'\)~;Pl\Ri'MEN'l1 Ok: BUSINESS AND PROFESSIONAl,
. . ',j 'r.CONi'JTRllC:prON INDUqTRY',L;CENSING
."r.Ti:ff?;~. STATE OF FLORIDA
~I':' .':~.c.{.", ,S DEPARTMENT or,' BUSINESS AND PROk'ESSIONAJ,
~~ ~~i CONSTRUCTION INDUSTRY LICENSING BOARD
v/_:' 1940 NORTH MONROE STREE'I'
~,,~J!/ TAI,LAHhSSEE Ff, 32399-0783
KELLY BROTHERS INC
15775 PINE RIDGE ROAD
FORT MYERS k'I, 33908
ConqtalulaUonst Wilh this license YOI! bccQrno one of lhe nearly olla million
Floridians licensed by ltlC OnpaJlrnelll of HtISincs:, and Profcsr.ional HeOllh-)tion.
Our professionals and businesses r.1l1ge fmrn architects to yacht broker~, (rom
lJoxom 10 l),](bequlJ m~t~\llranls, .md (hey keOI) Flurida'~ oconomy fitronf].
Every day Wf! work 10 improvl) fhe way we do business in order 10 servo you hr.Ucr.
rOf infornu11lon about our servico!>, prcnso log onto www.myfloridaliccl1sc.com.
ThQt'c you c.an find more inforrnnlioll about our clivision~ (lnd Ihl1 reuufations Il1al
impilct YOl!, subscribo to dcpflrhnont nr:wslcltcrs and IO<Jrrlllloro ;1bout 1he
Dep;1r1/l1Cflt'~ inWativns.
Our mission <lItho Doparlmerll is: l.ic(!nsc Efficicnlly. Hef)ubln rnirly. W8
r:onslnntly 5trivc to !;crve you hrJllcr so that you can .$H(Vt: YOUl customers,
Ihmlk YOll foc doing Ilw.ines5 in Florida. find congratulations on your new liccm",o!
,'il
Dl,lACH HEHE
.. '~------- .__...-.._--_.._--.-.----- ._--.__._-----.--.....
ACf . 44 3 ~j 0 1 :I..
STATE Or: FLOHIDA
"
REGULATION
(850) 487-1395
""---------"----._-~---------".._-_._--~-
,Ilf', SrAlE o. flORlDA AC,q ll'l 35 [] J.],
::(~(J~} DEPARTMllN'1' OF BUSINESS AND
''''~~> PROFESSIONAl, REGU!,A'I'ION
QB00183'10
06/09/09 080520136
QUALIFIED BUSINESS ORGANIZATION
KELLY BROTHBRS INe
(NOT A LICENSE '1'0 PERFORM 'WORK.
I\L[,OWS COMPANY '1'0 DO BUSINESS IF
I'!' HAS A I,IeRN/lED QUALIFIER.)
IS QUA(JIFIBD un,ltw tho pcayll;ioll~ t>( ch,IJ09 r:J
hpir..H,-", ,1.1I.~, AUa 31, 2011 l.{l9060'10116:l
--.--.-..---...............----...--
REGU!,A'rION
BOARD SEQII r,O~060901162
-~=--=-~'-~- ---- ~-~-~~~==---=_::]
LTcENSB' NBIC"---
Q..6(09/20Q2.. 9J!05.29.1:3.L., Qll001817,O_____
The BUSINESS ORGANIZATioN
Named below IS QUAr,TFIlm\
Under the provisions of Chaptor 489 FS.
Expiration date: Aua 31, 2011
(TIllS IS NOTA. [,ICENSE '1'0 PERFORM WORK. THIS AT,I,OWS
. CoMPANY"TO DO t.H!SINElSS ONr,y IF IT HAS A QUAT,IFIER.).
; / K!dLI,y'BROTIiERS cINC .
.' 15.'175 PINE. RIDGE ROAD
k'0RT MYERS' , PI, 33908
CHAI!I,IE CRIS'!'
GOVlmNOI{
I W~Pl ^y^~~ r~[Olm~[D BY L^'vV
CHI\RLES N. DRAGO
8ECRE'fARY
~-,i":il STATE OF FLORIDA
A.{jf... \ _"."~rII, DEPARTMEN'l' 01<' BUSINESS AND PROF~:SSIONAl,
fit! ,'- ~
~i1i . ',. '" i? CONSTRUCTION INDUSTRY LICENSING BOARD
" . . . 1940 NORTH MONROE STREE'!,
'"P~~~!~ TALr,AHASSEE FL 32399-0783
REGULATION
(850) 487-1395
BAUTISTA, CRESENTE CORONEL
KELLY BROTHERS IHC
15775 PINE RIDGE ROAD
FORT MYERS PI, 33908
Congratulations! With this liconso you become one or the nearly one million
FloriJians licensed by 11m Department of Business and Profossional Hcgulolion.
Our pmfossiormls and business os rnngo from architects to yacht brokors, from
hoxers to barbequo restaurants, llnd lhey keep Floritla's economy slrong.
Every (lay we work to improvo the way we do business in ordor to serve you boltor.
For inform<ltion nboul our services, please log onto www.myflorhtillicensc.com.
T1Jero you can find IllDrC InformtlUon about our divisions ond tho regulalions thnl
impact you, subscribo 10 department newsletters ;Jnd learn mom nboutlhe
Duparlmollt's initiatives.
Our mjs~jon at the Department is: UcoJlse EHicicntly, HCfJlIlalo Fairly. We
constantly striVE't 10 servo you beller so that YOll can servo your customers.
Thank YOLl for doing hmiinoss in Florida, am] congratulations on your nnw license1
DET^CllllmE
AC#
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STATE 01' FLORIDA
J . ,,' "'_'
DEPARTMENT O~' DUSINF;SS AND PROrr;SSIONAL REGULATION
. CONSTRUCTION. INDYSTRY LICENSING BOAHD
'/ '. . SEQtl rJOBOB26010/.U
~2 8/2'~ I ~ ~ O~n 9 8_0 0 0 91_~~'~ ~~::_::;~:lfR_~~_~~ _~~=~_:_::~ -~-~_~-~~-=-___~=:_~=~_~~-_-]
The GENERAL, CON'L'RACTOR. .
Named below IS CERTIFrrm
Under the provisions of' Chapter 489 I<'S.
Expiration date: AUG 31, 2010
riAUT.rS'l'A;CRES"~N'l'E CORONEl,
KELLY BROTHERS INC
900 t SAN CARr,OS l3loVD
FORT MYERS FL 33912
CHAI(Lm CRIST
GOVf!~RNOR
'"'''''(')1 ^\, '" r\' ,-,[',,, IIDI:n IIV I 1\\1\/
CHARLriS W. DRI\.GO
SgCRF:'l'ARY
INSIJRED
__~E~__ CER-!I~!f~!~~9F LiABII/fy INS-URAN~E ------ -:T-~~;;~;;~~t-
PRODUC," THIS CERTIFICATE IS ISSUED AS A MATT.R OF INFORMATION
Gulfshor.lnsuranc. Inc. ONLY AND CONFERS NO RIGIITS UPON TIlE CERTIFICAT.
' HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4100 Goodlett. Road North ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
. ,Ies, FL 34103 -3303 ----- ----------___.___ _______._____
261.3646 INSURERS AFFORDING COVERAGE IIAIC #
-...--.-
IN;u;;;:;;;STarrrnd...illiiy&ii3b~ilY Co.
INS~HF~ A: Seabrlght'lnsurance Co" -. . .
.~~~ER-~~~rn<<:~-'Slj!iJ'~-~~~-~~~~~~~~~~y___._._='~---
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Kelly Brolhers, Inc.
15775 Pine RIdge Rd,
Fort Myers, FL 33908
I>.
--_._.__._._._----~-_.._-_._._-_..._._.._._.
INSURf.R[';
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COVERAGES ._________.__.__ _________________,_______
THE POLICIES OF INSURANCE LISTED BElOW HAVE ElEEN ISSUED TO THE INSURED NAMED ABoVE FO~ TIlE POLICY PERIOD INDICATEO. NOlWlTHS fANDlNG
ANY HEQUIRFMENT, TERM OR CONDlTION OF ANY CONTRACT OR OTHER DOC\JMFNT WITH RESPECT ro WHICH THIS CERrtFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFOrmED BY THE POLICIES Of'SCWBED HEREIN' IS SUBJECT TO AU THF n:RMS. EXCLUSIONS AND CONf)1110NS OF SUCH
POLICIES, AGGREGATE liMns SHOWN MAY HAVE BEEN REDUCED BY PAID CLAI.\tS.
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Workers Compensation/Employers UabiHty include US longshore Be Barbor Workers and FL Maritime Employers
liability. Umbrella/Excess is Bumbershoot LIability extcndlFl!J limits of General Uabi:lly/Marinc
Uablllty, Auto l.iabiHly, Protection ^ Indemnity, anti Employers liability.
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J SflOUlD AMY OF THE Ae:'lYf OE"SCR1Af.O POl/CI(!'; OE CIINCr:U.EO Of FORE THE fXPHl^l(O~
, Collier County Government DAlE Tllff1f:Of, TIlE ISt>IJI.'IO INSU1~ER WlU. ENOEAvoa TO hlNL ...JO.. !lAYS WRITTEN
Community Development Div, tlOTJCE TO THE CERTlnCM[ HOLDER HAMED TO TIle lr:FT, OUT FAILURE TO no SO SH^Ll
2800 N, Iforse-shoe Dr WPOSE 110 om IGAnOI/OR tlMELlrYOF ANY K'NO \Jr>ON TIle INSURER, ITS AGCNrS on
Naples, FL 341 Q4 ~f:!:~f~~I!T~~~!L'_H
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IMPORTANT
If Ihe certificale holder is an ADDITIONAL INSURED, Ihe policy(ie.) must be endorsed. A slalement
on this ccrlificato does not confer rights to the certlficato holder in lieu of slIch cndorscmcnt(s).
If SLJBROGATlON IS WAIVED, subjecl 10 Ihe lerms and condilions ef Ihe policy, certain policies may
require an endorsemellt. A slalcment on this certificate does nol confer rights 10 the certificate
holdcr in Ijeu of such endorsernent{s}.
DISCLAIMER
The Cortificate of Insuranco on tho mvcrso sido of this form docs nol constituto a conlmct between
tho Issuing Insurcr(s), aUlhori.lod representative or producer, and the certificate holder, nor does it
affirmativoly or negatively amond, extond or ,glter the coverage afforded by Ilia poUcles listed thereon.
ACORIl2S.S (2001IOB) 2 of ~
-----~._-~....--.------------~___.____~_____~_n._..__..__._d'~'___..._~ -- -.--.--..-----,,-_..~.~___.._._._._._.u._____.._..____
IIS376671/M376640
Knott. Consoer, Ebelini
Hart & Swett, P.A.
A r r 0 R N E Y SAT - LAW
[RECEIVED'
~IjG 2 9 2005
BY:
George H. Knott ~+
George L. Consoer. lr../I'I<
Mark A. Ebelini
Thomas B. Hart
H. Andrew. Swett
1625 Hendry Street t Third Floor OJ90l)
P.O. Box 1449
Fort Myers, Florida 33902.2449
Matthew D. Uhle
Aaron A. Haak
Derrick S. Eihausen
Natly Torres-Alvarado
Director of
Zoning olnd Land
Use Planning
~fichael E. Roeder, AICP
. Boa.d C..I,fieJCi,,;1 Tri.l LaWY<r
.. Board Cerlinc<:l Rul E51:ate Liwver
... Bo"rJ Cerlifled B'..;nr.. Liliptiol'l Li""yer
Td'phon, (239) 334.2712
Telecopier (239) 334.2801
GKnott@knon-law.com
August 26, 2005
Danny Kelly, President
Kelly Brothers, Inc.
15775 Pine Ridge Road
Fort Myers, FL 33908
RE: Kelly Brothers, Inc.
Dear Danny:
Please find enclosed the executed Directors Action pertaining to the removal of Pat
Kreutzer from any corporate records which was inadvertently forwarded to our office.
The original Directors Action should be placed in the corporate book for Kelly Brothers,
Inc.
Cordially yours,
KNOTT,CONSOER,EBELIm,
HART & SWETT, P.A.
~\ (' JY
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GHKlsdb
Enclosure
DIRECTORS ACTION
OF
KELL Y BROTHERS, INC.
In accordance with Florida Statutes, Section 607.0821, the undersigned, being the
sole director of the corporation, takes the following action for the corporation:
The following officers are elected to serve until the next atmual meeting of
directors and until their successors are chosen and qualified:
President:
Vice-President:
Secretaty:
Treasurer:
Danny M. Kelly
Cresente Bautista
Danny M. Kelly
Danny M. Kelly
M. Patricia Kreutzer is hereby removed as the Trustee of the Schwab Kelly
Brothers Inc. 40lK Psrp, Account No. 90922297 and Job No. 2711337, and
Cresente Bautista shall be the replacement Trustee of said account.
The actions taken by the corporation and its officers during the preceding year are
approved and ratified.
Dated: August L2, 2005
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Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver
the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.
The bid security attached is to become the property of the Owner in the event the Agreement,
Insurance Certificates and Bonds are not executed and delivered to Owner within the time
above set forth, as liquidated damages, for the delay and additional expense to the Owner, it
being recognized that, since time is of the essence, Owner will suffer financial loss if the
Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance
Certificates and Bonds within the required time period. In the event of such failure, the total
amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and
quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated
damages from the Successful Bidder in the event it fails to execute and deliver the Agreement,
Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby
expressly waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely
manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site
within 5 calendar days from the commencement date stipulated in the written Notice to Proceed
unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later)
commencement date. The undersigned further agrees to substantially complete all work
covered by this Bid within one hundred fifty (150) consecutive calendar days, computed by
excluding the commencement date and including the last day of such period, and to be fully
completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar
days after Substantial Completion, computed by excluding commencement date and including
the last day of such period.
Respectfully Submitted:
State of
County of
, 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.
, 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
which operates
existing under the laws of the State of
under the legal name of
, and the full names of its officers are
as follows:
GC-P-9
President
Secretary
T reasu rer
Manager
The
contracts for the
is authorized to sign construction bids and
company by action of its Board of Directors taken
, a certified copy of which is hereto attached (strike out this
last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
operating under a trade name, said trade name is
, and if
DATED
legal entity
Witness
BY:
Name of Bidder (Typed)
Witness
Signature
Title
GC-P-10
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
by as
corporation.
He/she
is
,a
personally
(did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
known
,2010,
of
corporation, on behalf of the
me or has produced
as identification and did
to
NAME:
GC-P-11
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commission No.:
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we
(herein after called the Principal) and
,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of with its principal offices in the city of
and authorized to do business in the State of
firmly bound unto the
(hereinafter called the Owner),
are held and
In the full and just sum of
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 furnish, install,
and fully complete the Work on the Project known as
Bayview Park Phase..!
Bid No. 10-5480
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
GC-P-12
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this day of ,2010.
Principal
BY
(Seal)
Surety
(Seal)
Countersigned
Local Resident Producing Agent for
GC-P-13
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Any required drawings, descriptive literature, etc. have been included.
5. Any delivery information required is included.
6. Local Vendor Preference Affidavit completed.
7. Immigration Affidavit Completed
8. Certificate of Authority to Conduct Business in State of Florida
9. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers
check has been included.
10. Any addenda have been signed and included.
11. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
12. The mailing envelope must be sealed and marked with:
<:>Bid Number; 10-5480
<:>Project Name; Bayview Park Phase 1
<:>Opening Date.
13. The Bid will be mailed or delivered in time to be received no later than the specified
openinq date and time, otherwise Bid cannot be considered.
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
Bidder Name
Signature & Title
Date:
GC-P-14
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with Kelly Brothers, Inc. ("Contractor") of 15775
Pine Ridge Road, Fort Myers, Florida 33908, a Florida corporation, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with Bayview
Park Phase 1, Bid No. 10-5480 ("Project"), as said Work is set forth in the Plans and
Specifications prepared by Johnson Engineering, Inc., 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. Scooe 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: Three Hundred Thirty-Seven Thousand
Nine Hundred Fifty-Nine and no/100 Dollars ($337,959.00).
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
GC-CA-1
C~
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liauidated 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 one hundred fifty (150)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within thirty (30) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, three hundred fifty-
GC-CA-2
os
five dollars and ten cents ($355.10) for each calendar day thereafter until Substantial
Completion is achieved. Further, in the event Substantial Completion is reached, but
the Contractor fails to reach Final Completion within the required time period, Owner
shall also be entitled to assess and Contractor shall be liable for all actual damages
incurred by Owner as a result of Contractor failing to timely achieve Final Completion.
The Project shall be deemed to be substantially completed on the date the Project
Manager (or at his/her direction, the Design Professional) issues a Certificate of
Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
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
~
GC-CA-3
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 Incoroorated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Section 7. Notices
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Johnson Engineering
and identified as follows: Bayview Park Phase 1
as shown on Plan Sheets 1 through 77.
Contractor's List of Key Personnel
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:
~
GC-CA-4
Clint Perryman
Project Manager
Coastal Zone Management Department
3301 Tamiami Trail East; BLDG "F", 1st floor
Naples, FL 34112
Telephone: 239-252-4245
Facsimile: 239-252-6531
Email: ClintonPerrvman@collieraov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Cresente Bautista, Vice President
Kelly Brothers, Inc.
15775 Pine Ridge Road
Fort Myers, FL 33908
Telephone: 239-482-7300
Facsimile: 239-482-8014
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
GC-CA-5
o
Section 10. Successors and AssiQns.
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. GoverninQ Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aareement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severabilitv.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
V7
GC-CA-6
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
o
GC-CA-7
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
;J;=tu
F RST WITNES "'
Date:
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ATTEST:
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and Legal SUfficiency:
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By:
~ ~/fuTts.,1f - l/tU;: /'~ ~
Type/Print Name and Title
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
'it t~ IA) C~~
Fred W. Coyle, Chairman
BY:
Print Name: ~ ~ tJ- {{. -r~u....
Assistant County Attorney
GC-CA-8
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated 2010 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,2010, by
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC-CA-C-5
EXHIBIT 0
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total Earned Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge In
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive: (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount ................................................... ........$
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ...........................................................$
Revised Agreement Amount ...... ............. ... ............. ..... .... ....... ........ $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
GC-CA-E-5
Authorized by
Director
(For use by Owner: Fund
Numbe~ )
Cost Center:
Date:
GC-CA-E-6
Object Code:
Project
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT
Design Professional's Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to ail 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 substantiaily 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 ail
the Work in accordance with the Contract Documents. The items in the tentative list shail be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
GC-CA-F-1
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2010
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2010
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2010
OWNER
By:
Type Name and Title
GC-CA-F-2
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2010
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
GC-CA-G-1
By Design
Professional:
By Owner:
GC-CA-G-2
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
INSTR 4445552 OR 4579 PG 2845 RECORDED 6/24/2010 12:09 PM PAGES 11
OW1GHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $95.00
'.
Nielson, Hoover & Associates, Inc.
Public Works Bond
In compliance with Florida Statutes 255.05{I)(a)
Bond No.
105403606
Contractor
Kelly Brothers, Inc.
Address
15775 Pine Ridge Road
Ft. Myers, FL 33908
Phone No.
(239) 482-7300
Surety Company
Travelers Casualty and Surety Company of America
Address
One Tower Square
Hartford, CT 06813
Phone No.
(860) 277-1561
Owner Name
Collier County
Address
3301 Tamiami Trail East
Naples, FL 34112
Phone No.
(239) 252-4245
ContraetJProjeet No.
Bid No. 10-5480
Project Name
Bayview Park Phase I
Project Location
Naples, FL
Legal Description
And Street Address
1500 Danford Street, Naples, FL
Description of Work
Construction
Front Page
All other bond page(s) are deemed subsequent to this page regardless
of any page number(s) that may be preprinted thereon.
cs
OR 4579 PG 2846
EXHIBIT A
PUBLIC PERFORMANCE BOND
Bayvlew Park Phase 1
WHEREAS, Principal has entered into a contract dated as of the
2010, with Obligee
day of
for
Bayview Park Phase I
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 attomeys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials fumished 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.
cAr
GC-CA-A-4
OR 4579 PG 2847
This Instrument shall be construed in all respects as a common law bond. II is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this J1:I:h
day of ~ \~1 V"\E' . , 2010, the name of each party being affixed and these
presents duly signed by Its undersigned representative, pursuant to authority of Its
goveming body. _. ,..,.
~~iy~e~~~::~e~ ~7: delivered :~irf:t'S"'i) c
V1 A ......._ ,,_ :". ~J c...... ~ '(.:'1
...1/ ~V" ~ "----- ". ./..... L-".__ .. ~"v.....!;;.
(11/V -" JJ.v>I J7/Y1d U/lRD/1 BY: )),';.....:...:."...f
Witnesses arl to Principal
NAME:
ITS:
:.s h'1t171J.7rt
STATE OF '::lDr~J.a
COUNTY OF ,_Pe
T e foregoing instrument was aCknOWledged.:2bef~O e ,~e this ~ day of
2010 by (' Ar,o~~~IU.a. _ , as
of \.1... ()y, :t.",~ . ,a
. corporation, on be If of the corpor~tion. He/she is
personally known to me OR has produced ~e.n<,f\"o.\\~ \.!,.l"'\f')LOV'I
as identification and did (did ot) take an 0 tho
My Commission Expires: ~~~
(Signature) ..
Name:J1 0. 4-h-e.r +.\a aJ II vv:L
(Legibly Printed) 0
(AFFIX OFFICIAL SEAL) Notary Public, State of: Har'j cl c..--
Commission No.: 'Df.J (,,<t "2>1,:04 't'
GC-CA-A-S
OR 4579 PG 2848
ATTEST:
SURETY:
Travelers Casualty and Surety
Company of America
(Printed Name)
One Tower Square
Hartford, CT 06183
(Business Address)
(Authorized Signature)
Witnesses as to Surety
OR
(Printed Name)
r LI '/ 7rJ ~~,:,_,::,:-
As Attorney in FaCt
(Attach Power of Attorney)
.'
.,....'.
/~ //---p
~~ \"{\C(i2J l~
Itnesses
Charles J. Nielson
(Printed Name)
8000 Governors Square Blvd.
Suite 101
Miami Lakes, FL 33016
(Business Address)
(305) 722-2663
(Telephone Number)
STATE OF Florida
COUNTY OF Miami-Dade
The foregoing instrument was acknowledged before me this _ day of
2!),10 bv Charles J. Nielson ,as Attorney In Fact
of 1;~~p~~yLgf'.t~~~t~~ il'hd 3'u~l} . a Surety, on
behalf of Surety. He/She is personally known to me OR has produced
personally as identification and who did (did not) take an oath.
/;~ /~ 0
(Signature)
My Commission Expires:
,~,\\\\lUIl"'JIII.
:\'~ ~o 3J.~1S ' :III.
~~o~......... "IJ.%~..
'* ~v .!doI.'~~~. .v..!~
~~..Y""rJlll'P!b1::b'~.Q"~
::f.. '~V>...,-:o::.
g-tt.; S,6Jl60(f ~.~~~
-. .. vi -'6-
:: :UJ~.... :z=
(AFFIX QiFir.!,g,. S~i..~
~.?W~J&qW r.;~.. ~
~~~..:LfSSI~~O:.... ~
~",;Jt.1V.,is~i-,\,,'~
f//!II1!1Il\H\\\'
Name: Kristi Messel
(Legibly Printed)
Notary Public, State of: Florida
Commission No.: DD 921946
. .
,
GC-CA-A-6
OR 4579 PG 2849
WARNING: THIS POWER OF AnOANEY IS INVALID WITHOUT THE REO BORDER
....
TRAVELERSJ
POWER OF ATIORNEY
Fannlngton Casualty Company
Fidelity and Guaranty Insuran<< Company
Fidelity and Guaranty Insurance Underwriters. Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mertury Insurance Company
Travelers Casualty and SUrtty Company
Travelers Casualty and Surely Company or America
UnltM States Fidelity and Guaranty Company
Attorney-In Fad No.
222181
c.rtlfical.No.003660893
KNOW ALL MEN BY THESE PRESENTS: ThatSt. Paul Fire and Marine Insurance Company.SI. Paul Guardian Insur.mce Company and SI. Paul Mercury Insurance
Comp:my are corporations duly oq;anized under the Jaws of the Stale of Minnesota, that Farmington Casualty Comp:IOY, Travelers Dsualfy and Surety Company, and
Travelers Casualty and Surety Company of America arc corporations duly organized under the laws of the State of Connecticul, thaI United 513tes Fidelity and Guaranly
Company is II. corporation duly oq;anized under the laws of the Stlle ofMarylaoo.lhat Fidelity and Guaranty Insurance Company is a corporation duly org:mized under
the laws of lhe State of Iowa, and that Fidelity and Guaranty Insurance UndeN'riters. Inc., is n corporation duly organized under the laws of Ihe Stale of Wisconsin
(herein collectively called the "Companies"). and that the Comp3nies do hertby make. constitute and appoint
Charles O. Nielson, Charfes J. Nielson, Mary C. Aceves, David R. Hoover. Gice/le Palon, Olga Iglesias, Gloria McClure, and Arthur Colley
of the City of M;~rni T ~h,,~ ,Sute of FlQri<'~ ,meit true and lawful Attorney(s).in.Fact,
each in their separate capacity if more than one is named above, 10 sign. execute, seal and acknowledge any and all bonds, recognizances. conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in meir business of guaranteeing me fidelity of ~rsons, guaranleeing the performance of
contracts and execUling or guarnnteeing bonds and un~rtakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF .Ihe Companies have caused this instrument to be si2ned and theit' corporate ~als to be herelO affIXed, this
d,y of May . 2010 " ". - .
13th
Farmington Casually Company
Fid~lity and Guaranty Insurance- Company
Fldelilyand Guaranty Insurance Undrrwrilers, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
51. Paul Mercury Insurance Company
Tranlers Casualty and Surdy Company
TrueIers Casually and SllI'tty Company or America
United States Fidelil)' and Guaranty Company
e
@
State of Connetdcut
City of Hartford 55.
By:
On this the 13th day of May 2010 . before me personally appeared G~orge w. Thompson. who ackno.....ledged
himself to be the Senior Vice President of Fannington Casualty Company. Fidelity and Guaranty Insurance Comp:my. Fidelity and Guaranty Tnsurance Underwrilers.
Ine.. St. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurnnce Comp3ny. St. Paul Mercury [nsuraner Comp:lIlY. Travelers Casu:!lty and Surety
Company. Travelers Casu3hy and Su~ty Company of America, and United States.FidelilY and Guaranty Company. and that he, as such. being authorized so to do,
executed the foregoing insllUmenl for the purposes therein contained.by.signing 00 behalf of the corporations by himself as a duly aUlhorized officer.
'<<\~CT':':""~~
".
...
58440-4.09 Printed In U,S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE F1EO BORDER
OR 4579
PG 2850
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Anomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and GU:1nl.nty Insurnnce UndCrnTIlers. Inc.. 51. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, SI. Paul Mercury Insurance Company, Tra\'e1ers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranly Company, which resolmions are now in full force and dfect, reading as follows:
RESOLVED. that the Chairman. the Presidenl, any Vice Chairman, any Executhe Vice President. any Senior Vice President. any Vice President. nny Second Vice
President,the Trea.~urer. any Assistant Treasurer, the Corporate Sec~tary or any Assist:mt Secretary may appoint Altomeys.in.Fact and Agents to aCI for and on behalf
of the Company and may gh"e such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, ~cognizances, contracts of indemnity, and other writings obligatory in the nalU~ of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any p3It of the foregoing authority 10 one or more officers or employees of Ihis Company, provided thaI each such delegation is in writing and a copy
thereof is filed in the offiC(' of the Secretary; and it is
FURTHER RESOLVED, that Dony bond. rccogni13nce, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice Pn:sidcnl, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporale Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys.in.Fact and Agenls pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a ""Tinen delegation of authority; and it is
FURTHER RESOLVED, thai the signature of each of the following officers: President, any Executive Vice Presidenl, any Senior Vice President. any Vice President.
any Assislant Vice President, any Secretary, any Assislant Secretary, and the senl of the Company may be affi.'l:ed by facsimile to any Power of Attorney or 10 any
certificate ~Iating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys.in-Facl for purposes only of executing and attesting bonds
and undertakings and other writings obligntory in the nature thereof. and any such Power of Attorney or certificate bearing such facsimile signature or facsimile se31
shall be valid and binding upon the Company and any such power so executed and cenified by such facsimile signature and facsimile seal shall be valid and binding on
the Compa.ny in the future wilh respect to any bond or understanding to which it is allached.
t, Kori M, Johanson, the undersigned. Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Undef'o\Titers, Inc., St, Paul Fire and Marine Insurance Comp.1ny. St. Paul GU.1rdian Insurance Comp:my, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company. Travelers CasuallY and Surety Comp:my of America. and United Stales' Fidelity and Guaranty Company do hereby cel1ify that the above and foregoing
is a true and comct copy of the Power of Anorney executed by said Cort.tpanies. ....hich is in full force, and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand ~d affi,ed ~e ,seals of said Companies this
,20_.
e
@
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.lr.t...e1ersbond.com.Plea<;ereferto the Attorney-In-Fact number, the
above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
OR 4579 PG 2851
EXHIBIT A
PUBLIC PAYMENT BOND
Bayview Park Phase 1
Bond No. 105403606
Contract No. 10-5480
KNOW ALL MEN BY THESE PRESENTS: That
KELLY BROTHERS. INC.
, as Principal,
, as
and Travelers Casualty and Surety Comoanv of America
Surety, located at One Tower Square, Hartford, CT 06183
(Business Address) are held end firmly bound to Collier County
as Obligee in the sum of Three Hundred Thirty Seven Thosuand Nine Hundred Fifty Nine
($ 337.9S9.00 ) for the payment whereof we bind ourselves, our heirs, executors, And NO/lOG
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 Bayview Park Phase I
in Naples, FL accordance with drawings and specifications, which
contract is Incorporated by reference and made a part hereof, and is referred to herein
as the Contracl
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains In full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event willlhe 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 1m
day of ~ u. Y\e ~ 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-l
OR 4579 PG 2852
Signed, sealed and delivered
'Z;~
~-'A-.o---..
.
..,'J
PRINCIPAL
,,' ..,-... .- ."
(f1/1,J-<~;(_ O/)~"IJ'./r.~
Witnesses to Principal
BY:
NAME:
ITS:
Inc..
... '-:) _.:. "'.
. .....:; ~:
,-"; :~-.); ~~:,:.~~
/.' ..\.. . .~,
<.).I.:....~:..:..... '
IA {ll.T'-
STATEOF f=\DdJo..
COUNTY OITe F
The foregoing instrum nt was ac owl dged before me this
20 . by t. as . of
. . a;:; . corporation, on behAlf of the
corpor ion. He/she is personally known to me OR has produced fP~on41l y as
identification and did (did not) take an oath. ~ ~"'01oO"
My Commission Expires: .;)./~:)/aoll _~._--R.
( gnature of No ry)
NAME: t:~} ~\v"ol
{AFFIX OFFICIAL SEAL}
Notary Public. State of P\ I<V".' ~
Commission No.: 1"\t)1..43~"\'6
SURETY:
Travelers Casualty and Surety
Company of America
{Printed Name}
ATTEST:
One Tower Square
Hartford, CT 06183
(Business Address
(Authorized Sillnature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
OR 4579 PG 2853
A//~~
OR
(!J~7~
As Attorney In Fact
(Attach Power of Attorney)
~l...u:A \\ti-~
itnesses
Charles J. Nielson
(Printed Name)
8000 Governors Square Blvd.
Suite 101
Miami Lakes. FL 33016
(Business Address)
(305) 722-2663
(Telephone Number)
STATE OF
COUNTY OF
Florida
Miami-Dade
Attorney In Fact
Surety, on behalf of Surety.
. personally known
take an oath.
The foregoing instrument was acknowledged before me this _ day of
, 2010, by Charles J. Nielson . as
ofI'ravelers Casualty and Surety Company of America
He/She is personally known to me OR has produced
as identification and who did (did not)
My Commission Expires:
~~ >~ p
(Signature)
~\\\"'"II"""1
"" :;ol,j.O, /"1.
..~ ""'c:::.\.......i'b!~
N' . ~~,:'\)..~
~ *.... _0. ~~i;:~~~
~.: ...;~ '"\."~~
~ :~g ,~~ ~~~~
(AFFIX O~ti s~Er z:g
"'''''~,. :S~
~ " ~e"f)'" "~J::
~~~...I'tI'tO~...~....* ~
~ Jjt ........ ~
~',JI: I.iSfI:f>1 ,,'~
'flltlfllll""\\\\
Name: Kristi Messel
(Legibly Printed)
Notary Public, State of: Florida
Commission No.: DO 921946
GC-CA-A-3
OR 4579 PG 2854
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
....
TRAVELERSJ
POWER OF ATIORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
FidelUy and Guaranty Insurance Underwriters. Inc.
St. Paul Fin' and Marine [muraner Company
51. Paul Guardian Insurance Company
St. Paull\lercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casually and Surel)' Company or America
Unlled Stales Fidelity and Guaranty Company
Attorney-In Fact No.
222181
C.rtifi,at.No.003660894
KNOW ALLl\IEN BY THESE PRESENTS: That 51. P,l.UJ Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and 51. Paul Mercury Insurance
Comp:my are corporations duly organized under the )aw5 of the SUit of Minnesota, that Fanninglon Casualty Company, Travelers Casualty Alld Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the Stale of Connecticut. that United States Fidelity and Guaranty
Company is a corporation duly orglUlized under the laws of the SUte of Maryland. that Fidelity lUld Guaranty Insurance Comp:my is a corporation duly organized under
the laws of the Stale of Iowa, and that Fidelity and GUar:1nty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Charles D. Nielson, Charles J. Nielson. Mary C. Aceves. David R. Hoover, Gicelle Pajon, Olga Iglesias, Gloria McClure, and Arthur Colley
of the City of Mi~mi I ~...~C ,Stale of J:lnrirt", ,their true and lawful Attomey(s)-in-Fact.
each in their sep3.r3te capacity if more lhan one is named above. to sign. execUle, se3.1 and acknowledge any and all bonds. recognizances. conditional undertakings and
other writings obligalOry in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the penonnance of
contracts and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF. the Comp:mies ha\'e c3.u~d this instrument to be signed IInd their corporate seals to be herelo affixed, this
,",yor May .~.
13th
FannJngton Casually Compan)"
Fidelily and Guaranly Insurance Company
Fidelity and Guaranty lruuranteo Undeorwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Me~ury Insurance Company
Travelers Casually and Surety Company
Tranlen Casually and Surety Company of Amuita
United States Fidelity and Guuranly Company
e
€J
State of Connecticut
City of Hartford ss.
By:
On this the 13th day of May 2010 ,before me personally appeared George W. Thompson, ~ho acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and GUat3nly lnsurance Company. Fidelity and GU3I'3nty Insurance Undcrv.'rilers.
Inc.. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Comp:my. St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelel"l Casualty and Surety Comp:1nY of Arnerica, and United Stare~ Fidelity and Guaranty Comp3.ny, and th3.t he. as such. being aut.hl)liz~d so to do,
eXe1;uled the foregoing instrument for the purposes therein ~:~taine~ ~y signing on behalf of the corporations by himself as a duly authorired officer.
~CT':':".~~
58440-4-09 Printed In U.S.A.
:.} "
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
*** OR 4579 PG 2855 ***
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Powec of Anomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington CasuallY Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Jnc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and eff('('t, reading as follows:
RESOLVED, that the Chainnan, the President, any Vice Chainnan, any E"ecutive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the COrpClrllte Secretary or any Assistant Secretary may appoint Attomeys*in-Fact and Agents to act foc and on behalf
of the Company and may give such appointee such authority as his or her certificate of lluthority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said office", or the Board of Directors at any lime may remove any such appointee and re,..oke the power given him or her; llnd it is
FURTHER RESOLVED, th41t the Chainnan, the President. any Vice ChailTlt:lf1, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any pan of the foregoing nUlhority to one or more officers or employees of this Compnny, provided that each such delegalion is in wriling and a copy
thereaf is filed in the office of the Secretary; and it is
f1JRTlfER RESOLVED, that any bond, recognizance, contract of indemnity, or wriling obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan. any Ex('('utive Vice President, any Senior Vice President or any Vice
President. any Second Vice President, the Treasurer, any Assistant Treasurer. the Corporate Secretary or nny Assistant Secretary and duly attested and seated with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal. if required) by one or more Attorneys-in-Fact and Agents pursuant to the po.....er
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it i:;,
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executh"e Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affued by facsimile to any Power of Attorney or to any
cenificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys*in.Fact for purposes only of executins and attesting bonds
and undertakings and other writings obligatory in the nature thereof. and any such Power of Attorney or certific3te bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power 50 executed and certified by such f3csimile signature and facsimile seal shall be valid and binding on
the Company in the future with resjX'ctto any bond or understanding to which it is attached.
I. Kori M.lohanson, the undersigned, Assistant Secretary, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Undel"\l.Titers, Jnc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insumnce Company, St. Paul Mercury (nsurance Company, Travelers Casualty and
Surety Company. Travelers C:l5ualty and Surely Company of America, and United Sl~tes Fideliiy and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by s:lid Co":!panies, which is in full (orce and effect and has not been revoked.
IN TESTIMONY \\1fEREOF, I h:lve hereunto set my hand ~nd afti"ed t.he scais of said Companies this
day of
,20_.
@
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Ple:lse refer to the Attorney-In-Fact number, the
above*n.:uned individuals and the delails of the bond to which the power is alt:lched.
.start:: or ,1-LUKllJA
Count; of COLLIER
I HEREBY CERTIFY THAT ' . '
C';fY ?;, ~OCllfMn( rSCOrdG~'i~ '~r.: ~~eF~,d correct
R,-CUI~Ob of Co:lier Cour.' W AL
alld Om,Cialseal !his Date,..:'j_~SJd hand
DWIGhT E. BROCK, ClERK-bF COORTS '
9Y:_~/;)~.....b
~~_~_, DC,
WARNING: THIS POWER OF ATTORNEY IS INVALlO W1TIiOUT THE RED BORDER
EXHIBIT B
INSURANCE REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly
authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall
procure and maintain property insurance upon the entire project, if required, to the full insurable value of the
scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors. Design
Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property
insurance provided herein, except such rights as they may have to the proceeds of such insurance. The
Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate
Vendors. Design Consultants and Subcontractors and shall require each of them to include similar waivers in
their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on
behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier
County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain
a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate
Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If
Vendor has any self-insured retentions or deductibles under any of the below listed minimum required
coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured
retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Vendor's sole responsibility.
Coverage~ shall be maintained without interruption from the date of commencement of the Work until the
date of completion and acceptance of the scope of work by the County or as specified in this solicitation"
whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the
County, in a like manner. within twenty-four (24) hours after receipt, of any 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 coverage~ required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage~ and charge
the Vendor for such coverage~ purchased. If Vendor fails to reimburse the County for such costs within thirty
(30) days after demand. the County has the right to offset these costs from any amount due Vendor under this
Agreement or any other agreement between the County and Vendor. The County shall be under no obligation
to purchase such insurance, nor shall it be responsible for the coverage~ purchased or the insurance
company or companies used. The decision of the County to purchase such insurance coverage~ shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of
work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than
ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County
with such renewal certificate(s) shall be considered justification for the County to terminate any and all
contracts.
GC-CA-C-2
Insurance I Bond Type
1. l2J Worker"s
Compensation
2. l2J Employer's Liability
3. l2J Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
4. l2J Indemnification
4. 0 Automobile Liability
Collier County Florida
Insurance and Bonding Requirements
Required Limits
Statutory Limits of Florida Statutes. Chapter 440 and all Federal Government
Statutory Limits and Requirements
$
single limit per occurrence
Bodily Injury and Property Damage
$
single limit per occurrence
To the maximum extent permitted by Florida law. the
ContractorNendor/Consultant shall indemnify and hold harmless Collier
County. its officers and employees from any and all liabilities, damages.
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals. fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
$ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. 0 Other insurance as 0 Watercraft
noted:
$
Per Occurrence
o United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
o Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$
Per Occurrence
o Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement
o Pollution
$
$
Per Occurrence
Per Occurrence
o Professional Liability $
. $ 500,000 each claim and in the aggregate
. $1,000,000 each claim and in the aggregate
. $2,000,000 each claim and in the aggregate
Per Occurrence
o Project Professional Liability
o Valuable Papers Insurance
$
$
Per Occurrence
Per Occurrence
GC-CA-C-3
6. D 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. D Performance and
Payment Bonds
For projects in excess of $200.000. bonds shall be submitted with the
executed contract by Proposers receiving award, and written for 100% of the
Contract award amount. the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds 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 financiai 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. [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. [8] Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
1 O. [8] 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. [8] Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm
Date
Vendor Signature
Print Name
Insurance Agency
Agent Name
Telephone Number
GC-CA-C-4
_.._u_.. _ ._. . .----.--
ACORDN CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDfYVYVl
6/17/2010
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4100 Goodlette Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples, Fl 34103 -3303
239 261-3646 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Starr Indemnity & liability Co.
Kelly Brothers, Inc. INSURER B: Seabright Insurance Co
15775 Pine Ridge Rd. INSURER C' Amerisure Insurance Company
Fort Myers, Fl 33908 INSURER D:
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 PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR
A X ~NERAL LIABILITY MASllBNOOO02909 08/01/09 08/01/10 EACH OCCURRENCE $1 000000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100000
I CLAIMS MADE [i] OCCUR MED EXP (Anyone person) $5000
~ Ship Repairers leaal PERSONAL & ADV INJURY $1 000 000
r!- Salvors leaal GENERAL AGGREGATE $2 000 000
n'L AGG:T~~E,LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 000 000
POLICY I ~~T n LaC
C ~TOMOBILE LIABILITY CA20559800101 08/01/09 08/01/10 COMBINED SINGLE LIMIT
r!- ANY AUTO (Eaaccideol) $1,000,000
I- ALL OWNED AUTOS BODILY INJURY
(Perpersoo) $
f-- SCHEDULED AUTOS
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A ~~SS/UMBRELLA LIABILITY MASllBNOOO03009 08/01/09 08/01/10 EACH OCCURRENCE $5 000 000
X OCCUR D CLAIMS MADE AGGREGATE $5 000 000
$
8 ~EDUCTlBLE $
X RETENTION $ 25 000 $
B WORKERS COMPENSATION AND BB1090489 08/01/09 08/01/10 X I WC STATU, I IOJ~'
EMPLOYERS' LIABILITY $1 000 000
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1 000 000
If yes, describe under .1 000.000
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT
A OTHER P&IIJones MASIHBNOOO01009 08/01/09 08/01/10 $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUStQNS ADDED BY ENDORSEMENT I SPECiAl PROVISIONS
For any & BII work performed on behalf of Collier County.
Collier County, Florida is Named as Additional Insured As Respects to General liability Only, as needed by
contract, per endorsement #7, attached. '30 days notice of cancellation, except 10 days for nonpayment.
Workers Compensation/Employers Liability include US longshore & Harbor Workers and FL Maritime Employers
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
10 Da s for Non-Pa ment
Collier County Board of County
Commissioners
Naples, Fl
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .....30.- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHO ED R PRESENTAT VE
ACORD 25 (2001/08) 1 of 3
#S429096/M41 0303
JPE
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATiON is WAIVED, subject to the terms and conditions of the policy. certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 3
#S429096/M41 0303
DESCRIPTIONS (Continued from Page 1)
Liability. Umbrella/Excess is Bumbershoot Liability extending limits of General Liability/Marine
Liability, Auto Liability, Protection & Indemnity, and Employers Liability.
AMS 25.3 (2001/08)
3 of 3
#S429096/M410303
STARR--#-MARINE
ENDORSEMENT NO.: 1 EFFECTIVE: 11:01 A.M., AURUlt 1. 1009.
ATIACHED TO AND FORMING PART OF POllCY NO.: MA~n ,BNOOOOZ909.
OF THE: Starr Indemnity .and LlablUtv Como.nv.
ISSUED TO: . KeUv Brothen.loe.
ADDITIONAL AssuRlmlLoss PAYEEIW AlVER OF SUBROGATION CLAUSES
I) It is hereby understood aud agreed that this Pollcy shaD include aa Additional Assureds or Loss Payees, any person
or organization to whom the Named Assured haa agreed, by written contract, to provide coverage, but only with
respect to operatiollS performed by or on behalf of the Named Asawed and only with respect to occurrences
subsequent to the making of such written contract.
Notwithatanding the above, it is further understood and agreed that wherever Additional Assureds or Loss Payees
are sdded to this policy it is specifically agreed:
A) Such Additional Assureds or Loss Payees are included only with respect to such activities insured by this
policy as would exist in the absence of the namlng of Additional Assureds or Loss Payees and coverage
hereunder shall in no way be considered extended by the inclusion of Additional Assureds or Loss
Payees.
B) The inclusion of Additional Assureds or Loss Payees in no way increase the Ilmit ofliablllty hereunder.
C) In the event of cancellation or change in polley coverage unless specifically endorsed in writing to the
contrary hereon, no obligation is imposed on this company to send notice of cancellation or change of
coverage to au Additional Assured or Loss Payee and notice to the original named assured shall
discharge all obligatiollS of this company hereunder. This company shall not be required to notify
Additional Assureds or Loss Payees of sny cancellation received from the original sssured hereon.
D) Any request for a certificate involving non-marine contracts whose total contract value exceeds 5% of
the Named Aaswed's Projected Gross Receipts aa advised to Underwriters at inception, must be referred
to Underwriters for approval, prior to issuance of such certificate.
II) It is further understood and agreed that lbe Underwriters waive their rights of subrogation agwnat any person or
organizations to whom the Named Assured la obligated by written contract to provide such waiver, but only to the
extent of such obligation and only wilb respect to operstiona by or on bebalf of the Named Assured or to the
facilities of or used by Named Assured.
Notwithstanding the above, such waiver of rights of subrogation by Underwriters shaD not apply to contracts
between lbe Named Assured and subcontractors or employees of the Named Assured.
III Notwithstanding Commercial Marine Liability General Conditions Section 7 Item 5 Other Insurance, coverage
UIlder this poliey afforded to the Additional Assured scbeduled below will apply aa primary insurance where
required by contract, aud any other insurance issued to such Additional Assured shall apply as excess and
noncontributory insurance.
ALL OTIIER TERMS, CONDmON8, LIMITATIONS AND EXCLUSIONSIIEMAIN UNCHANGED.
Kelly Brothers, Inc.
Polley No: MASILBNOOOOZ909
Page 39
Commercial Marine Liability
August 1, 1009
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:
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those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
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3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 6:00 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.
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4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
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.
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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:
CY;
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(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.
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7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
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respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
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annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
GC-CA-H-9
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to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
GC-CA-H-10
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and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item. No markup shall be placed on sales tax, shipping or subcontractor
markup.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
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11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
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
GC-CA-H-12
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inJury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
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.
GC-CA-H-13
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15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
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
GC-CA-H-14
04
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
GC-CA-H-15
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18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
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.
GC-CA-H-16
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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
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
GC-CA-H-17
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materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
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.
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GC-CA-H-18
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
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.
GC-CA-H-19
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23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
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.
GC-CA-H-20
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{> -7
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduci from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
GC-CA-H-21
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benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
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.
011
GC-CA-H-22
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.
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;
GC-CA-H-23
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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.
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
GC-CA-H-24
tYZr
Standards (OS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOr) policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing. handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
GC-CA-H-25
CA;
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
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
GC-CA-H-26
CXr
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
(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 othelWise 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.
GC-CA-H-27
(}L,
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
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PM IS Schedule and Updates
GC-CA-H-28
~
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
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 (FA C.) or aboveground 62-762,
F.A.C. regulated tank requires notification to the 'County' prior to installation or closure
GC-CA-H-29
(J4
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, FAC. and 62-762,
F.A.C. or you may contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
GC-CA-H-30
{j/h,
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
1. The County may, at its discretion, use VISNMASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract.
GC-CA-I-1
EXHIBIT J
TECHNICAL SPECIFICATIONS
See separate downloadable file from www.collieraov.netlbid
GC-CA-J-1
EXHIBIT K
PERMITS
See separate downloadable file from www.collierQov.netlbid
GC-CA-K-1
EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
EXHIBIT M
PLANS AND SPECIFICATIONS
See separate downloadable file from www.collierQov.netlbid
GC-CA-M-1
SECTION: 22
TOWNSHIP: 50 S
RANGE: 25 E
o 50
.
SCALE
100
,
FEET
.
-'
Danford sf. -- -- --
c'.'
-- ---7;=h "
/ LEXiSiing Top of Bonk
" AExisling Mooring Piles
"I / 10 be Removed
, .
L./1ExiSling Seowolllo be
I i Removed, 172 IF
, : Exisling Seawall Along North
Side of Bool Romp la Remain
Existing Boat Ramp
10 be Expanded
-- Naple, Boy --
!
i
/
i
~Exisling Mooring Piles
I 10 bu Rumoved
/
!
i
.I / Plottud Propurty
j' Boundary
..-J
Exisling Fixed Wood Dock to
be Removed, 5'w x 59'1
Noles: Properly Boundary by
Johnson Engineering, Inc.
Existing Site Plan
SCALE: /" = /00.
B/lJ PLANS, NO'/' FOR CONS'/'Rr/C'/'/ON
-~' HANS WILSON & ASSOC. INC.
193B HI1I Avu. Fl. Myers, Florido 33907
---" Te/:239-334-6810 Fox: 239-334-1870
~---=-"-MARINE and ENVIRONMENTAL CONSULTANTS
f.larch 03, 2010 4; 08; 06 p.m.
DrawIng: JEl4-MASTER.OVlG
3.3./0
SHEET
TFC
Bayview Park
1/15
SECTION: 22
TOWNSHIP: 50 S
RANGE: 25 E
o 50
,
SCALE
100
.
FEET
i .J
\.- -
Danford SI.
-- u-.~f "
.. ~Exisling Top of Bonk
,/ J
, :
, roposed Seawall /0 Replace
i Existing Seawall, 115 Lf wilh two
: panel return on the north end
I
Proposed Fixed
Wood Dock
Proposed Baal Romp
Expansion and Extension
Proposed fixed
Wood Dock Access
Proposed flooling
Dock
- Naples 80y -
Plotted Property
Boundary
-Proposed Seawall 10 Replace
Exisling Seawall, 326 LF with
two ponel return on south end
. : Detail 8
.'.J
Notes: Property Boundary and
Upland Site Improvements by
Johnson Engineering, Inc.
Proposed Site Plan
SCALE: I" = 100'
B/lJ P.lANS, NOT fOR CONSTRUCT/ON
'--~; HANS WILSON & ASSOC.I INC.
\ _. 'u 1938 Hill Ave, Ft. Myers, florido :1390 I
',,/v'--.:: Tel:239-334-6870 Fox: 239-334-7810
,c--_u--"MARINE ond ENVIRONMENTAL CONSULTANTS
Morch OJ, 2010 4;08:05 p.m.
DrawIng: JE!4MASTtR.DVlG
3,3.10
SHEET
TFC
Bayview Park
2/15
SECTION: 22
TOWNSHIP: 50 S
RANGE: 25 E
/
- ...r:::::~- . I
. ,
'I
I,
Ii,
'"
,'II
o 10 20
I ,
SCALE fEET
Boyv;ew Park
Upland by Others
I ~Prapased Seawall fa
I ' Replace Exisling
, : Seawall, 175 If wilh
I
I f two panel re/um on
r r Ihe north end
f
24" wide by 4' deep flurn with
steel grate cover that direds
ramp runoff fa temporary
detention basin
cxisling Concrete
Walkway to remain
,
!
f
I
I
i
I
I
I A
/
/
I
i
I
i
i
7 au Buff Diameter
Piling, 10' on center
Exisling Seawall Along Narlh
Side of Boat Romp to Ramo;
Proposed Fixed
Woad Dock,
4'w x 50'1
\ \0
Co~o Iloi "
" 'oS
t-IoP'
Approximate locafion of
Mean High Wafer line
Exisling Seawall To Be
Removed, 60 IF with apprax.
150 cy fa be excavoted
Proposed Extension fo
Exisling Bool Romp 10 Meel
the Proposed Expansion
roposed Baal
Romp Expansion
~
Proposed Temporary DefenNon Basin,
10\.... x } or and opproximafiJly "
deep, Side Slopes 2: 1
c
Proposed Seawall fa Replace
Exisling Seawall, 326 iF wilh
fWD panel return on south end
Proposed Floating
Dock - See De/ail 8
Noles: Property Boundary by
Johnson EnginefJn'ng, Inc.
Proposed Detail A
SCALE: /" = 20'
B.7.lJ PLANS, Nor FOR CONSTRuCTION
- ~... HANS WILSON & ASSOC. INC.
\ \.. /938 Hill Ave. Fl. Myers, Florida 33901
,'~ =:'::'. Te/:239-334-6870 Fax: 239-334-7BIO
.-------cMARINE and ENVIRONMENTAL CONSULTANTS
March 03, 2010 4: OB: 00 p.rn.
Drowlng: JEI4MASTER.DWG
3.3.10
SHEET
TFC
Bayview Park
3/15
SECTION: 22
TOWNSHIP: 50 S
RANGE: 25 E
o IS 30
SCALE FEET
Wood Safety Ral/lng
along Seawall for
Length of Flaaling
Dock. 139 LF 10101
!
FOOT Index #810 Aluminum
Pipe Handrail dated'. 1. 08
along landward side of
floating dock, 94 LF la/of
BayviBW Pork
Upland by Others
: Wood Safety Railing around Ihe Dock
! Fixed Wood Dock Access, 20 LF
, Proposed Fixed Wood Access,
i 5'wx II 'I and 10'vix /0'1
J ProPQsed Concrete Floating
Dock, ISO' overall
. Proposed Gangway, 5'w x 45'1,
i overlapping Floaling Dock by 6 LF
---;-6 'w by 50'/ Sedion of the
.. Floaling Dock /0 be Left Open
,I for Ramp and Access Clearance
/
!
i
.I
i
/
, Proposed Sleel Pl1ings
i with Edemal Guides
/: i
!i I
; L-----f Proposed Seawall to Replace
!, I EXlSlmg Seawall, 326 LF with
, ./ two panel relum on south end
.I
/
i
i
i
i
!
f
(''---Ploned Property
: Boundary
!
!
0\ \0 ...
co~ \loi
r" ~BS
\..\O~
Wood Sole/y Railing along
Seawall for Lenglh of
Floollng Dock, 139 LF /010
FOOT Index #810 Aluminum Pipe
Handroil doled I. 1.08 along landward
side of flooling dock, 94 if 10101
ExisJing Concrete
Walkway 10 remain
Noles: Property
80undory by Johnson
Engineering, Inc.
Proposed
Detail B
SCALE: I" = 30'
B.ID P.lA.NS', .Nor FOR CO.NSTRUCrfO.N
-~' HANS WILSON & ASSOC INC
. 1938 HIli Ave. Ft. Myers, Florida 33901
"~~. TeI:239-334-6870 Fax: 239-334-7810
. .--- ," MARINE and ENVIRONMENTAL CONSULTANTS
March OJ, 2010 4: OS: 05 p.m.
Drawing: J'::14MASTER.DWG
3.3.10
SHEET
TFC
Bayview Park
4/15
SECTION: 22
TOWNSHIP, 50 S
RANGE: 25 E
2" x 6" Non-CCA tlEoted Oecking,
Eleva/ion to match Seawall
Nolch Piling 10 Allow
for Stringer fnsla/lalion
518 " Diometer Log 801t
1-40'-1
r
lOR Buff Diome/er Pressure
Trealed Wood Pile, ] 0' on cenler.
/"""""Minimum Pile length is 24'
2" X 8" CCA treated Stringer
on 16" am/en max.
2"x 10'CCA
Ireoled Pile Cop
518' Diomeler
Through Bolls
MHWo: I..<?'NGVD
.;: :,-~
.U
'"
~u
((,
(....-:., -
('.'
,-,':
.; I, ~
II' !.,'
1(,
:,'>(1
, :.
, ,
. ,
I :.
. ,
: ;,
,
, ,
: :'
, ,
, ,
: :'
, '"
'1 \..J'
"
rn.
.,
("
~)>
'5':'
M(~ :: - Q.3'JVG.VD
(/,
(
;- >, Ex;stin Grade
.,I;)';j
i(:::
...:.._,.......
,
:
-,
,
,
,
,
,
.
,
,
{
_I' ,
'~ ,.J l.. -'
"
PVC Wrapped
from I' aba VB
MHWL To I'
Below Mud
Line (Typ.)
Proposed'Seawall' /0 "-
Replace E)~IsfjfJg S~aw~JI ""
1 0" Bult Diameter Pressure Treated
Wood Pile, 10' on center.
Minimum Pile length is 12'
Section A-A
SCALE: /' = 4'
B/.D PlANS, .Nor FOR CONSrRUCr/ON
~' HANS WILSON & ASSOC. INC.
., 1938 Hill Ave. Fl. My.", Florida 3390 I
" =. Tel:239-334-6810 Fox: 239.334-1810
J'."":='MARINE and ENVIRONMENTAL CONSULTANTS
3.3.10
024
,
SCALE FEET
f'.!Ep-E.~~,';' ~"-o.",,!!1
All concrele sholl be 4,000 PSI.
All ba" sholl b. hot dipped
galvanized and have a minimum
conere/a COl/er of 3H,
Panels: 8" Ihick and 4. wid. by 16'
long (minimum) with (6) #5 vertical
bars and #4 bars on , 811 centers
horizon/oily.
Tiebacks: na seawall cap with #6
rods, hot dipped galvanized encased
in poly tubing, rods on 10' centers.
Tie cop to the deadman with a 90
degree furn.
Concrete Cop: 12" toll by la'wide,
reinforc.d with (4) #5 bors with #3
stirrups on 24/1 cenfers, tied to
deadman at outside bars.
Deadman: ~ cy concrefe on '0'
cenl.", selbock 18'from cop with 2'
of soil coverage.
Seawall panel pene/rat/on shall be a
minimum 40% of overolllength.
One expansion joint shall be instal'ed
every 501 in fhe seawall cap.
March 03, 2010 4; 05: 06 p.m.
Drowlng: JEI4~'^S1ER.OYlG
SHEET
TFC
Bayview Park
5/15
o 5 10
, I
SCALE FEET
24' wide by 4" deep flume
with sleel grate cover that
direds ramp runoff fa
femporary detention baSin?
5' NOVO
SECTION; 22
TOWNSHIP: 50 S
RANOF 25 E
Proposed Seawall with 8" thick by
4' wide panels of varying lengths
with (6) #5 verllcal bars and #4
bors on ,an cenlers horiz.ontally
Toe of Ramp at-4' MLW \
One expansion ioinf will
be installed every 50'.
4' NOVO
lope Matc.
1.6'NGVO
- 0.3.I"!.GVD.t..
_ l. ~..,. .
MHW
MLW
, " " " " ... ~ -,',.,
. ~,~
,"/" ,... '.'
',,'
./,,., "."
Minimum 2' Diameter
Racks on top of Filter
Cloth, Top Elevation Na
Shallower than -3' ML W
6" minimum of #57
Slone on Filter Cloth
4'x} 2.3'x8" Precast Slobs
with a 4" Gap between
Slabs (Typ.)
Section B-B
SCALE: I" = 10'
1.0'
3"
I 12.3' ~I
-j::j-4" I -
"---"-tl"---1---"---1---1---1---1---1--' -1--
I I ) I I I I I I I I I
I I I I I I I I I I 1 I
---+-- +--+--+--+--+-+--+--+--+--+-
I III I l I f ~ l I I
---1---1---1---1---1---1---1---1---1---1---1--
I I I I : J I I I I I I
1---1- 1---1---1---1-- 1---1---1---1-- ---1--
I
Stainl.ss Steel Cable as Slab Cannedors
(Typ.) Clamp Cable Around #5 Rebar
__ 2.01 1-
/,/,/."/,/.
I
I
J
ft1
.~
. .,
,',,'
26:' /2.3:'8" Cast-In. Place
Slab wi #5 Hat Dipped
Galvanized Rebor on 12~
Grid above MHWL
o 2
,
SCALE
4
,
FEET
4.0'
#5 Rebar@ /2'a.c. Each Way
-~ - ~--_._-_._--~ - ~--_.~--~---~---~---~---~-
_1.0'_
3" minimum
Notes; All depths reference NGVO.
Precast Slab Details
SCALE, /" = 4'
B/.o PLANS, NOT FOR CONSTRUCT/ON
\ HANS WILSON & ASSOC. INC.
/938 Hill Ave. Ft. Myers, Florida 3390/
,,,,.': --, Tel.-239-334-6870 Fax; 239-334.78/0
""'-"-"-MARINE and ENVIRONMENTAL CONSULTANTS
3.3./0
.J
8"
t
I.1Qrch 03, 20104:06:06 p.m.
OrQwlng: J[J4IrtASTi:R.OWG
SHEET
TFC
fJayview Park
6/15
SEaION: 22
TOWNSHIP: 50 S
RANGE: 25 E
o 5 10
I
SCALE FEET
29.7'
1-/2.3
Proposed Seawall with 8'
- thick by 4' wide ponels of
varying lengths with (6) #5
vertical bof"5 and #4 bars
on 18u centers horizontally
42'
Realigned
C oncrele Wolx.voy
by Others\
::': ,"'.
.J'.',
Proposed Excavation
rEXistin9 Seawall Along Approx. 150 Cy~
Norlh Side of 800t
Romp fa Remain Existing Seowall 4'.5' NGVO
/0 be removed
~H~~=~i;:~======?li~5':=i~T:~;. ", ,;:::::
~ ,,~'"'' ".. . .,.. "'~. ", ,....,......._" ,- 'T " . '.' ,......" .,..
6" of #57 Slone
on Filter Cloth
?,','
. "
/ " / ' 1". ./" /""'./ J' ./ ./ ~ __ " / ./ .. ./ I' /" / " / ~ " , " "
! ." I ./ ,.. ," -' ,'" / / -' i ~ /,. I " / j ,,-
, , ./ " ~ . . ././ -' " / ... ./ ,- , " /" ,- " ./ / " .' / , " '. ./
/,'///, .
-','/.'
','/
, ./ / - './" / . ~ , , "' / .- / / ' )' , / -'
/,.,,'
26~ 12.3~8" Cost-In-Ploce Slob
wi #5 Hot Dipped Galvanized
Rebar on 12' Grid above MHWL
Section C-C
SCALE: I" = 10'
Notas: All depths reference NGVD.
RilJ PLANS, NOT Fo.R CONSTRUCT/ON
('\" HANS WILSON & ASSOC. INC.
" 1938 Hill Ave. Ft. Myers, Florida 3390 I
,,,"', -', T.I:239.334.6810 Fox: 239,334-1810
. .'..- . 'MARINE and ENVIRONMENTAL CONSULTANTS
Moreh 03, 2010 4:08:0& p.m.
Drowlf1q: JEI4MASTER,DWG
3.3.10
SNEET
TFC
Bayview Park
7/15
SECTiON: 22
TOWNSHIP' 50 S
RANGE: 25 E
o 2.5 5
SCALE FEET
Realigned
Concrete
Walkwoy by
Others
2" x 6" Tap and Side Rails with
4" x 4" Posts on 5' centers and
2" x 2" Balusters on 5" centers\
111 I I
2" x B" CCA 3.5'
2n x 6" treated Stringer on
Nan-CCA /6" centers max
freated Decking,
.i.-~.~'I.;;"':;".,~~ ~,,;l 0
6~J)6"xS'posrwijh 4' ,/ ~
,of pel)efrpUqn fJ7in/
/0'
1-4'-1
All bars sholl be hot dipped galvanized and
hove a minimum concrete cover of 3'1.
/ ,
2" x 1011 Concrefe
CCA Ireoled Floating
Pile Cop /Dack'
,-- 6" /
65'- .B""."--"',"
-- m- ~.!1:'IHlV~I..Q'fiGVD
f. :~'MLW~-0.3'NGVD
_.,,-,( _"_"_"_"_"'_.._.._n_.
;; i PVC Wrapped from /' above MHWl
i. _ n.' To /' Below Mud line (Typ.)
,/ 'IL'd /11~5~ /
, -l .,..<~ ... / 61$/.'
':: r: /,/ l'1UGro~
,I I ': / / / t;>
,. ,
/" A : / ,': " / "" /./ ./
" ,
: r /: / ?"
" ,
,I, f -" --',. ,-
~ / / / Treated Wood Pile, 10' on
/ ,,. / center. Minimum Pile
.. " . .. lenglh is 20'
, J 0" Buff Diameter Pressure TreafGd
, Wood Pile, 10' on center.
/ /
Minimum PIts Length is 12'
/ .
Proposed Sea_,,'>:pjl
All concrele sholl be 4,000 PSI.
Panels: 8" thick and 4'wide by /6' long
(minimum) wilh (6) #5 vertical bars and #4
bars on 1 B~ centers hodzon/aJ/y.
n3backs: Tie seawall cap with #6 rods, hot
dipped galvanized encased in poly tubing, rods
on 10' centers. Tie cap 10 fhfJ deadman with 0
90 degree turn.
/ "
~ /
/
/ /
/
Concrete Cop: 12u loll by 18" wide, reinforced
wilh (4) #5 bars with #3 stirrups on 24"
centers, tied /0 deadman at outside bars.
/
/
~ ..
Deadman: ~ cy concrete on 10' centers,
setback 18' from cap with 2' of soil coverage.
Proposed Seawall to
Replace Existing Seawall
Seawall panel penefrolion shal/ be a minimum
40% of Qverolllengfh.
.. Concrete Floofing Docks As Engineered And
Monufodured by Sol/Ingham Marine Industries, Inc.
or Engineer's Approved Equivalent. Floating Dock
wil/ be Cui Out far Ramp and Access Clearance.
Nales: All depths rafarence NGVD.
One e,v:pansion loint shall be instolled every 50'
in the seawall cop.
Section D-D
SCALE: /" = 5'
B/lJ PMNS, NOT Ji'OR CONSTRUCT/ON
(1\,. HAN~}nfr/~gttt~y~!~g/;33ttfC.
..;.\:_~-, Tel:239-334-6810 Fax: 239-334-1BIO
~ -~= ""MARINE and ENViRONMENTAL CONSUL TANTS
March OJ, 20104:08:05 ;l.nl.
DrcVllng: JEI4MASTER.DWG
3.3./0
SHEET
TFC
Bayview Park
8115
1
I
1,0,
: '// ,',
I ~ ~ ~/ / t / / ,
I"""
, f , .' / ' /
\j,1; /:/;
.. N i:pi~d Seawollta
Replace exisling Seawall
SECTION: 22
TOWNSHIP: 50 S
RANGE: 25 E
2"x 6' Tap and Side Rails wilh
4" x 4ft Posts on 5' centers and
2" x 2/1 8alusters on 51/ centers
Propo~(Ueawa!'
All concrele shall be 4,000 PSI.
All bars shall be hal dipped
galvanized and have 0 minimum
concrete cover of 3'~
3,5'
Panels: 8'.th,,:k and 4'wide by 16'
long (minimum) with (6) #5 vertical
bars and #4 bars on IBu centers
horizontolly.
Tiebacks: Tie seawall cap wilh #6
rods, nat dipped galvanized encased
in poly fubing~ rods on 10' centers.
Tie cap to fhe deadman with 0 90
degrefJ turn.
/ / / "
Concrele Cap: /2" loll by 18" wide,
reinforced wilh (4) #5 bars with #3
stirrups on 24" centers, tied to
deadman at outside bars,
Deadman: 1? cy concrete on 10'
centers, setback 78' from cap with
2' of soil coverage.
/ /
, / "
SeOlvalJ panel penelrafion sholl be a
minimum 40% of overall lang/h.
On{J expansion joint sholl be
installed every 50' in Ihe seawall
cop.
024
,
SCALE FEET
12' Diameter Steel Pile,
lop ot 12' NGVD
I '
Flooling Dock
10'wide
'I
FDOT Index #810 Aluminum Pipe
Hondrail daled I, 1.08 along
,r-Iandward side of flooting dock
Concrete Floating Dock.
.t'-'- ---- -.- -,-
2,5'
LW= - 0,3'NGVD
/ / / / /
/ --- ./ / /
- / / -' / / /
, / ,
, / / -
" / /
/ / / /
/ ,.
-'
/ /
Section E-E
SCALE: /" = 4'
. Concrele floating Docks As Engineered And
Manufactured by Bellingham Marine Induslries,
Inc. or Engineer's Approved EqUIValent. Floating
Dock will be Cut Oul Around Ihe Fixed woad
Access Dock.
Noles: All depths reference NGVD,
B/.o PLANS, NOJ' FOR CONSJ'RUCJ'/ON
~:\ HANS WILSON & ASSOC.L INC.
'.,. 1938 HillAve. Ft,Myers,flarida ::13901
";,,,~~ ". Tel-239-334-6810 Fax: 239-334-1810
- -"--. -MARINE and ENVIRONMENTAL CONSULTANTS
Jdarch 0.3. 2010 4: 08:06 p.m.
Orawina: JfJ4MASTERDWG
3,3.10
SHEET
Bayview Park
9/15
TFC
/' TECHNICAL SPECIFICA TIONS PAGE 1
Demolition and DIsposal
DemoWon wi'll include the tearing down of Ihe existing fixed wood dock, 5'w x 59'l, the removal of all (69ot) existing
mooring piling along the seawall face, the demolition of 448/f of exlstin9 seawall, and the excavation of approximalely
150 cy of material in Iha footprlnl of Iha boat ramp expansion. Propar disposal of a/I demolilion producls, including the
backfill from bahlnd the seawall. and submerged debris is the responsibllily of the CONTRACTOR.
MaIntenance of Traffic
The Contractor wIll mainlain Iraffic wi/hln the limits of the project for the duration of Ihe construction period, including any
temporary suspensions of the work. The Contraclor will be responsible for constructing and maintaining detours and
furnishing, installing, and maintainIng traffic control devices during construction. The Maintenance of Traffic plan Includes
all facilities, devices, and operations as required for ssfety and convenience of the public within the work zone. nIB
Conlraclor will mainlaln traffic over Iha portions of the property discussed with Ihe cllenl and Engineer. The Conlraclor
will repair any damage to /he exisllng pavemenllhal occurrad during tha maintenance of traffic tlmaframe.
Preservation of ProperlY
The Conlraclor will preserve from damage all property which is in Ihe vicinity of or Is in any way affected by Ihe work,
the removal or deslructlon of which is not spaclfied in Ihe plans. This applies 10 public and private property, pUblic and
privala ulilitles (exceptaa specifically directed), trees, shrubs, sidewalks, signs, monuments, fences, guardrail, pipe and
underground slruclures, and publiC pavamenl. Nalural wear and taar resulllng from legitimale use by Ihe Conlraclor is an
exception. Direct specIal allentlon will be paId to the proleclion of all survey control monuments. horizontal or vertical,
located within the limits of construction. The Owner will not require the Contraclor to provide routine repairs or
maintenance. Tl78 Contractor will repair. at no expense to the Owner. all damage caused by the construction operatIons.
In case of failure on the part of Ih9 Conlrac/or to r9slor9 such property, road or street. or 10 make good such damaga or
injury, Ihe Engineer may, upon 48 hours notice, proceed to repair, rebuild, or 0lh9rwise reslor9 such property, road, or
street as may be de9med necessary, and Ihe Owner will deduct the cost Ih9reof from any monies due or which may
become due the Contractor under th9 Contract. Nothing in this clause prevents Ihe Contractor from receiving proper
compensation for Ihe removal. damaga, or replacement of any public or prlvale proparty, not sholVn on Ihe plans, that's
mad9 necessary by alt9ralion of grade or alignment. The Engineer lVillauthorize such work, provided that the Conlractor.
or his employe9s or agents. have nol, through theIr own fault, damaged such property.
Contractor's US9 of Streets and Roads
When hauling ma/eda/s or equIpment to the project over roads and bridges on the county road system, or city street
system, and such use causes damage, immediately, at no expense to the Owner, repair such road Dr bridge to 8S good a
condlllon as before the hauling began. The Owner may modify Ihe above requirement In accordance with any agreement
th9 Contractor might make with Ihe governmental unil having jurIsdIction over a particular road or bridg9, provided thaI the
Contractor submits wn1ten evidence of such agreement /0 the Engineer.
The Owner will not atiolV the operation of equipment or hauling unils of such weight as to cause damag9to previously
canstrocted elements of the project, Including but nol necessarily limited to bridges, drainage structures, base course, and
pavement. Do not operale hauling units or equipment loaded in exceas of/he maximum weighls specified by FOOT on
existing pavements that are to remain in place (Including pavement being resurfaced), cemenMreated subgrades and
bases. concrete pavement, any course of asphait pavement. and bridges. Th9 EngIneer may allow exceptions to these
lVeight restrictions for movement of necessary equipment 10 and from lis worksile, for hauling of off site fabricated
components /0 be incorporated into the project.
B/iJ PLANS', NOT Fo.R CONSTRUCT/ON
~.' HANS WILSON & ASSOC. INC.
. \ . 1938 Hill Ave. Fl. Myers, Flon'do 3390 I
"k/"'" Tel:239.334.6870 Fax: 239.334.7810
. '."" ...' MARINE and ENVIRONMENTAL CONSUL TANTS
Murch. 03, 2010 4: 08: 06 p.m.
Drawing: JEHI.tAsrm.DWG
3.3./0
SHEET
TFC
Bayview Park
10/17
/' TECHNICAL SPECIFICA TIONS PAGE 2
"'\
Existing utilities
Do not commence work at points where the construction operations are adjacent to u/ility facilities or other property, until
making arrangements with the utility facilities to protect against damage that migl,t resull in expense, loss, disrupNon of
service, or other undue Inconvenience to the pUblic or to the Owners. The Contractor is solely and dlrecUy responsible to
the Owners and operators of such properties for all damages, Injuries, expenses, losses, Inconveniences. or delays
caused by the Conlraclor's operalions. The Owner will make Ihe necessary arrangemenls wilh ulilily Owners for removal
or adjuslment of utilities where Ihe Engineer determines Ihal such removal or adjustment is essential to the performance
of the required construction. The Owner will not consider relocation or adjustment requests based on the Contractor's
proposed use of a particular method of construcllon or a particular type of equipment es essenlial to Ihe conslructlon of
the project if the Contractor could use a/her common melhods and equipmenl wilhoul relocating or adjusting Ihe utility.
The Engineer will determine the responsibility for any such required adjustments of utilities. The Conlraclor shati make all
requested relocations or adjustments because of delivery to the Job site of Contractor fumlshed materials, at no expense
to the Owner.
Construcllon Fence
The Contractor will erect lemporary fencing as a first order of business in order 10 mainlain security of materials on Ihe
site. This should also be done for the protection of pedestrians who are likely 10 gain access 10 tha project from the
adjacent property.
Docklnq Facility Construction
Fixed Wood Dock:
Live Loading:
Decking:
Dock Piling:
Stringers:
Pile Caps:
60 psf
2"x6" non-CCA trealed lumber
10' butt diameler on 10' cenlers with varying lenglhs
2"xB" on 16" centers max
2'x 10" double on Ihe walerv"ard benl
Decking - Decking malerial will be #1 dense Southern Yellow Pine, with a minimum ratenlion of 0.4 pcf non-CCA
Irealment. Decking will be surfaced dimensional lumber, with nol grealer Ihan W gap between boards. All decking will
be placed bark side up 10 minimize cupping of boards. All decking will be faslened w/lh slalnless sleel ringshanked 16d
nails with (2) per s/rlnger per board or 3" square drive slalnless sleel decking screws (2) per stringer per board.
Piling - All wood pilings will be of Soulhem Yellow Pine meellng ASTM D25 specifications. Wood piling will be Ireated
with CCA wllh a minimum retenllon of 2.5 pct. All piling will be PVC wrapped from l' below the mud line 10 l' above
Ihe MHW line. All piling will be clearly and permanenlly marked wllh a brand, or a manufaclurer's certification which
contains the foffowing information; suppliers brand, plant designation, month and year of treatment. species of timber,
length and cless of pile, Iype and relenlion of preservative used for Irealment. AtI pilings will be driven or jetted inlo Ihe
bottom. If driven, care must be laken nollo damage Ihe piles. The lop of all piles will be driven, jetted, or cui off al
grade in such a manner that all finished pile head surfaces wl1l be on 8 honzontal plane unless noted otherwise. Dock
piling will be cut off at 4' above the deck surface.
PVC Pile Wrap - The Conlraclor will install Polyvinyl Chloride (PVC) pile wrap on all CCA Ireeted piling from l' below Ihe
mud line to l' above the MHW line. The pile wrap will be commercial grade, minimum 30-mll thickness with a minimum
of a 24.. overlap. Before inslalling wrap, pile will be cleaned, removing all foreign malter for the entire lenglh 10 be
prolecled. This Includes all existing surface projections (i. e. nails, bolls, large splinlers) and any olher surface condition
thai would penelrate or damage the wrap. Wrap will be secured wllh stainless s/eel nails on 10" cenlers along Ihe seam
and around the upper and lower rims, in accordance with manufacturers requirements.
Bff) PLANS, NOJ' FOR CONSJ'RUCJ'/ON
~; HANS WILSON & ASSOC. INC.
\ 1938 HIli Ave. Ft. Myers, Florida 3390 I
J,,;::==:> Tel:239.334.6810 Fox: 239-334-1810
'(... -.. .:"MARINE ond ENVIRONMENTAL CONSUL TANTS
I~Clr~h 03, 2010 4;08;06 p.m.
Dnlwing; JEJ4M,\STEfl.QWG
3.3.10
SHEET
TFC
Bayview Park
11/15
/ TECHNICAL SPECIFICATIONS PAGE 3
"\
Stringers _ Stringers will be #2 dense Southern Yellow Pine and treated with Chromium Copper Arsenale (CCA) wl/h a
minimum retention of O. 6 pcl The stringer adjacent to the seawall cap will be scabbed not less than 18' per stringer
end. The scab will be nailed to the stringer. wl/h not lass than (4) 16d stainless steel ringshanked nails or (4) 3' square
drive staintess steel decking screws per stringer end. The scab and stringer will be balled to the piling with S/6"lag bolts.
The intermediate and outboerd stringer may be lapped not less than 18'. or may be scabbed not less than 18' per
stringer end. The outboard stringer will be single balled with 5/8' diameter through bolts, washers, and nuts to proximate
piles. One 90 degree staintess steel twist strap wili be inslalied on eaoh stringer. one per pile bent.
Pile Caps - Pile caps will be #2 dense Southern Yellow Pine end treated with Chromium Copper Arsenate (CCA) with a
minimum retenlion of 0.6 pcl Pile caps will be double bolted wilh 5/8" diameler through bolts, washers. and nuls.
Lumber may be rough-cui to actual dimensions or finished dimensional lumber. Pile cap ends will be chamfered at a 45'
angle.
Hardware ~ All bolts, nuts, washers, lag screws, screws, trim nails, straps, brackets and miscellaneous hardware wilf be
hot dipped galvanized or stainless steel. All deck fasteners will be stainless stae/, without exception. All through bolls Wl1I
ha ve washers on bolh sides of the lumber, bearing evenly on all surfaces. All bolls will be tightened to the
manufaclurer's recommended torque values. All exterior bolts that may protrode into Slip spaces will be counter sunk to
avoid damege to boat hulls. All bolls wI/I meet ASTM A-32S standards for bolllype, stainless steel bolls, nuts & washers
wilt conform /0 the requirements of ASTM A-32o and ASTM A-1S3 standards for hot dipped galvanized treatment.
Handraiting _ The handraillng around the dock access and along the seawall will be made from #1 dense Southem Yellow
Pine, treated with Alkaline Copper Quat (ACQ) or Copper Azale (eA) wl/h a minimum retention of 0.4 pcl II will be 3.5'
high and constructed of 2"x2.' belusters on 5" centers and 4"x4" pasts on 5' centers. The cap rail. tap side rail. end
ballom side rail are each 2"x6", The boffom side rail will be no higher than 5" from the deck surface. The cap rail. lop
side rail, and boffom side rail will be secured with (2) 3" square drive stainless sleel bolts at each pos/. Each balustar
will also be secured 10 the top and bollom side rails with (2) 2.5" square drive slalnless sleel bolts. The posts will be
bolted through the stringers wilh (2) 5/8'. carriage baits. The handrailing along Ihe landward side of Ihe floating dock will
be aluminum pipe handraJ1ing in accordance with FDOT Index #870 daled 1.1.08.
Floaling Concrate Docks:
It is inlended that Ihe concrete floallng docks will be as manufactured by Bellingham Marine
(www.bellingham-marine.com).Allemale manufacturers may be quoted al the Contractor's option. The specilications
produced by Ihe manufacturer for Ihe CONTRACTOR are Included by reference and will be considered as part of the
technical specilicatians for the conslruction, same as Ihis document. Design of the floating dock plies, including the length
end penetrafion, will be included as paris of/he lIaaflng dock Shop Drawings.
Dimensions:
la' wide by 150' long overall- lo'w by 201 transition 10 a 4'w by 50.1 Iransilion 10 a law by 601
transit/on
50 psf
18"
number, size, and length as specifled by dock manufacturer
12.0' NGVD
External to Ihe floating system
Live Loading:
Fraebaard:
Dock Piling:
Piling tap height:
Piling guides:
Gangway - The aluminum gangway is to be a low profile deck with integral handrailing system. It will be constrocted
using 6061- T6 aluminum with non-skid surfaces. The gangway will be 5'w x 45.1. The aluminum bolts, nuts, and washers
will conform to the Federal Speciflcallon QQ-A-27oa (1) as amended far aluminum alloy 6061- T6, An isolating membrdne
will be installed between the gangways and Ihe wood decking 10 avoid any reaclion between the malerials. A wear plale
will be installed between the 36" gangway landing plate and the floating deck.
Bll) PLANS, NOT FOR CONSTRUCTION
~: HANS WILSON & ASSOC. INC.
, 1938 Hill Ave. Fl. Myers,Florido 33901
,~:- . -. Tel:239-334-6870 Fax: 239-334-7810
~--- --- --M4RINE and ENVIRONMENTAL CONSULTANTS
1.larch OJ, 2010 4: Oll: 06 p.m,
Orowinq: JEi4MASTER.DWG
3.3./0
SHEET
TFC
Bayview Park
12/15
/'" TECHNICAL SPECIFICA TIONS PAGE 4
'\
Cleats - The CONTRACTOR will inslaIl12.' hot dipped galvanized steel dock cleats along tile fixed and fioating docks.
Tile cleals will be placed 10' on cenler. Tile cleats will be balled Ihrougll tile decking and wooden walers ulllizing
appropriately sized lag bolls. Some type of isoiating membrane will be inslalled belween tile cieals and tile deck boerds
I wooden walers '0 avoId any reaction between the materials.
Steel Piling Caps - All steel piling lops associaled wilh Ihe floating dock will be fitted with conical PVC I HDPE pitlng
caps. Piling caps will be black in color and sized to within W of piling diameter. Piling caps to be held in place with a
commercial grade adhesive.
Boat Ramp Construction
Tile ramp will be made of a casl in place slab 12.3' across, 26' In length. and 8" In thickness. The head of Ihe ramp will
malch Ille existing ramp elevetion end the loe of/Ile ramp 1'1111 extend to -4'MLW. A 24" wide by4" deep flume with hot
dipped galvanized sleel grale cover will be placed before Ihe head of the ramp 10 calch ramp runoff and will direcl boal
drip waler inlo the temporary detenlion basIn as deplcled in Iha at/ached drawings. Below Ihe casl In place slab, the
remainder of/he ramp witl be made of pracast, reinforced, concrete slabs Ihat measure 12.3' across. 4' in lenglh, snd 8"
in thickness. In addition. an extension will be added onto Ihe existing ramp. The extension will consist of precasl,
reinforced. concrele slabs thaI measure t5' across, 4' in length, and 8" in thickness. llis the responsibility ofthe
Contractor to fleld Can/inn the exisling end oftlle ramp and make the necessary adjustments to meetthe depth oithe
proposed ramp expansion. The concrela will be 4,000 psi end confonn to FDOT Standard Specifications Section 400
Concrete Structures. All slabs will be reinforced wilh #5 hot dipped galvanized rebar on 12" centers in both directions.
Ail reinforcements will have 3" minimum coverage and will be placed in the bot/om face of the slabs. Tha slabs musl be
placed over a minimum 6' thick layer of 57 stone eggregale thel will be placed over filtar cioth. Each slab, including the
casl in place slab, will ba connected by 2 rings of 318" dlameter-7 slrand stainless steei cable embedded into Ille slebs
and clamped around the #5 rebar. The loops will extend 3" oul from Ihe slab and have an approximate spread of 4" as
shown in the drawings. The loops will be tied together using stainless ste9/ Nico connectors. The panels will be im;talled
wilh a 4" gap betwaen them. The gaps should be filled with rock afler placement. The head of ramp should malch the
elevation ofthe exisling ramp. The loe ofthe ramp should be constructed to an elevalion of -4. ML W. The slope ofthe
ramp will malch the slope ofthe exisling ramp. The finish should be I-inch v-groove 10 ensure maximum lraction for
vehicles and trailers. The grooves should be at a 60 angle wilh the water-end of the ramp. Minimum 2' dlameler rocks
on top of filter cloth wifl be placed in 8 double row across the toe of the ramp expansion and the existing ramp extension.
The lop of the rocks will be set no shallower than -3' MLW.
Temporary Detention Area
There will be a lOw x tal temporary detent/on basIn construcled as shown in the plan sel. The detention basin will be
l' deep with side slopes at 2: 1. There Will be a 4" diameter drain pipe leeding from the south end of the flume Into Ihe
detention basin.
Seawall Construcflon
All verlical sheet panels will be jelled or driven into the bollom. Weep holes, 1"ln diameter, backed by fitler fabric wl1l
be installed 1.5' below the seawall cap every 4' canter on each seawall panel to relieve hydrostallc pressure behind the
wall. The cap will be reinforced as shown on the plans and tied to Ihe deedmen with a #6 hol dipped galvanized tieback
rod every 10'. All concrete will be 4,000 psi and confonn 10 FDOT Standard Specifications Section 400 Concrete
Struclures. All reinforcemenls will be hot dipped galvanized ASTM A615 Grade 60 and have 3" minimum coverage. The
seams between the seawall panels will be backed wIth filler fabric from Ihe cap down 10 an elevallon of -5' ML W. The
filter fabric will overlap the seam 18" on each side. One expansion Joinl will be installed every 50. In the cap. It will be
W' wide and free and clear of all debris. Expandable polyethylene joint filler will bEt used wilh a };"x~"layer of joint
seaianlon Ihe top and bottom of Ihe joinl.
B/lJ PLANS, NOT FOR CONSTRUCT/ON
C~ HANS WILSON & ASSOC. INC.
. /938 Hill AI'B. Fl. Myars, Florida 3390 I
.h,~-. Tel:239-334-6810 Fox: 239-334-1810
'<. ~ = ""MARINE and ENVIRONMENTAL CONSULTANTS
l~l.Irch OJ, 2010 4: 06: 06 p.m.
Drawing; JEI4t.1ASTE:R.OWG
3.3.10
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TECHNICAL SPECIFIC A nONS PAGE 5
"
Panel Lenglh A10nQ Boet Ramp:
The length of the seawall panels will va/)l based upon the exposed faca along Ihe side of the boet ramp as follows:
Exposed Face
6'105'
5'/04'
4'/03'
3/(02'
2' or less
Panel Lenglh
14'
12'
10'
8'
6'
Panel LenQlh AlonQ Canal:
The seawall panels along the canal front will be 16' in length to accommodate the existing depths.
Panei Details:
Wall length: 115 If on north side of ramp and 328 If on south side of ramp
Panel dimensions: 8" thick x 4. wlae x val)ling lengths (see above)
Panel reinforcement: (6) #5 vertical bars and #4 bars on 18" centers horizontally
Cap aimenslons: 12" tall x 18'. wide
Cap relnlorcement: (4) #5 reinforcements with #3 stirrups on 24" spacing
Deaamen size: U cyofconcrete, on 10'centers, set back 12'when the exposed face is 4'orlessana
installea to an elevation of 1.5' NGVD to allow for future construction, set back 18' when the exposed
faca is over 4' ana Installed to an elevation of2' NGVD allowing for 2' of soli coverage
Tieback rods: #6 hot dlppea galvanlzad bars tiea 10 deadmen wilh a gO degree turn into deMman, on to' centers,
encasea In poly tubing
Attach New ana ExlstlnQ Seawalls:
The seawall along the north slae of the boat ramp Is to remeln In place. Once the new seawall panels ere Installed, the
new end existing caps and penels will be joined. AI the location where the new seawall will jOin the existing wall, the
concrete of the exlsllng cap will be removad for a minimum distance of 18" along tha ramp. Four #5 hook bars with 90
dagree bends in Ihem will be installed overlapping the new ana exisllng steel for a minimum of/8" on each slae of the
corner. The naw ana existing steel will be tlaa t0gether. Next the landwara side of both seawalts wltl be excavated for a
minimum distance of 24" along Ihe wall. The excavation will be from the cap down to l' below the mudllne on Ihe front
face. Plywood or a/her simller form material 12" in width will then be Ins/ailed on an angle to create a triangla at the
location where the new and existing panels mee t. 4,000 psi concrete conforming 10 FOOT Stanaard SpeCifications
Section 400 Concrete Structures will be poured into /he opening and aver the steel In the cap to seal the panel joint and
camp/ete the cap union.
Turbidity Monitoring
Turbidity monitoring will be performed in accordance with the FL Departmant of Environmental Protecllon Permit
No. 11-0275295-001 & -002 and the US Army Corps of Engineers Permil No. SAJ-2001-2040.
Construction Conditions
The Contractor will comply with the July 2005 Standard Manatee Construction Conditions for in water construction and
the Sea turtle and Smalltooth Sawfish Construction Conditions of March 2006.
B/LJ PLANS, NOr FOR CONSTRUCT/ON
1:'. HANS WILSON & ASSOC. INC.
I., 1938 H,1/ Ave. Fl. Myers, Florida 3390 I
I -=-.... Tel:239.334-6870 Fax: 239-334-7810
':!:.~='-'-;vtARINE and ENVIRONMENTAL CONSUL TANTS
l.io.fCh 03. 2010 4; 08: 06 p.m.
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TECHNICAL SPECIFICA TIONS PAGE 6
""\
Important Documents
Documents refa(;ng ta the proposed work include the fo/low;ng. It;s the responsibility of the Contractor to make sure the)'
have all necessary copies.
. FL Department of Environmental Proteellon Permit No. 11-0275295-001
. US Army Corps of En91neers Perml1 No. SAJ-2007-2040
. City of Naples Building Permits
. Repot1 ofGeoteennic:a/ Exploration Project No. 109-049.02 from Forge Engineering. Ine dated July. 9. 2009
BiLl PLANS, NOT FOR CONSTRUCTION
\' HANS WILSON & ASSOC. INC.
" 1938 f/ill Ave. Fl. Myars, Florido 3390 I
rh'- -. rel:239-334.6870 Fox: 239.334.7810
~- _'n "MARINE and ENVIRONMENTAL CONSULTANTS
Marcil 03, 2010 ~: oe: 06 p.m.
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EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1