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#10-5593 (Gulf Coast Underground, Inc.) MEMORANDUM Date: January 20, 2011 To: Brenda Reaves, Purchasing Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #10-5593: "Eustis Avenue Stormwater Improvements" Contractor: Gulf Coast Underground, Inc. Attached please find the original contract document, as referenced above, (Agenda Item #10G) approved by the Board of County Commissioners on Tuesday, December 14,2010. The Minutes & Records Department has also retained an original copy which will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-7240. Thank you. Attachments ITEM NO.: \ \ .}y\2L' () l ~()? DATE RECEIVED: ""I" '\1 ~k \ r1t \." ' PUrCha$ing,q~~~nt .A l'TORN8 3327 Tamiamitrail East \ Naples, Florida 34112 \A ? f) 8 ~ C Telephone:~~~~) 4~qtG Pn ~. .) , cr FAX: (239) 2~-6592 ~ Email: BrendaReaves collier ov,net D ,/ \Ab WWW.COllierQOv.neuDUrcha1~ ~ 0 . ~ f) ,vb & ~ ~, Il <f ~v \~ ~ty\ ~ Zf It \ Administrative Servires Division Purt:h3Sing FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE Request for Legal Services Date: J)~ \) Ie To: From: Scott T D Y County Attorney Brenda Reaves - ContracUPurchasing Technician $1 Re: Solicitation # 10-5593 "Eustis Avenue Stormwater Improvements" Contractor: Gulf Coast Underground, Inc. This contract was approved by the BCC on December 14, 2010, agenda item 10,G ~ BACKGROUND OF REQUEST: This item has not been previously submitted, ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above, Purchasing would appreciate notification when the documents exit your office, Thank you, Brenda Reaves - x6020 ~~ \'1})\ \ G/Acqu isitions/AgentFormsandLetters/RiskMgmtReviewoflnsu rance4/15/20 1 0/16/09 cJt,. County Administrative Services Division Purt:h~ng Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252-6020 FAX: (239) 252-6592 Email: BrendaReaves@collierqov.net www.collierqov.netlpurchasinq Memorandum Subject: Solicitation # 10-5593 "Eustis Avenue Stormwater Improvements" Date: January 13, 2011 Brenda Reaves - ContracUPurchasing Technicianpf. From: To: Ray Carter, Risk Manager This Contract was approved by the BCC on December 14,2010, agenda item 10.G The County is in the process of executing this contract with Gulf Coast Underground, Inc. The insurance requirements are listed in Exhibit B (blue tab) Please review the Insurance Certificate(s) for the referenced Contract. · If the insurance is not in order. please contact the vendor/insurance company to obtain a proper certificate, Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services, · If the insurance is in order. please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any questions, please contact me at the above referenced information, t Signature ;PH Dae (Please route to County Attorney via attached Request for Legal Services) RECE.\VED jAN ,a 10\0 R\SK MANAGEMENT G/Acquisitions/AgentFormsand Letters/RiskMgmtReviewofl nsu rance4/15/20 10/16/09 MausenGeorgina From: Sent: To: Cc: Subject: CarterRaymond Thursday, January 13, 2011 11 :07 AM ReavesBrenda MausenGeorgina; HerreraSandra Contract 10-5593 "Eustis Avenue Stormwater Improvements" All, I have approved the Payment and Performance Bonds in addition to the Certificate of Insurance provided by Gulf Coast Underground, Inc. for contract 10-5593. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray Rav. ~ Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239-252-8839 Mobile 239-821-9370 Under Florida Law, e-mail addresses are public records, If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing, 1 RLS # ". P 2-c- . 0 1 g ()~ CHECKLIST FOR REVIEWING CONTRACTS EntityNamec C~\)\~ eO~ L.)0~era.nci,-l-Y'C Entity name correct on contract? ~s No Entity registered with FL Sec, of State? -~Yes No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products/Compl/Op Required $ Personal & Advert Required $ Each Occurrence Required $ \ M i \ \ FirelProp Damage Required $ Automobile Liability \ \ Bodily Inj & Prop Required $ \ "('{\ \ Workers Compensation Each accident Required $ \ M i \ \ Disease Aggregate Required $ S~ . Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $5 ill \ \ I Aggregate Provided $ II I, Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? ,* ~: es No Yes No Provided $ d<<'" \ 1 Exp. Date ~ Provided $ I I. ). Exp. Date ~ Provided $ \m \ \ \ Exp. Date I 1/ Provided $ Cr ) / Exp. Date Provided $~) lL Exp. Date Provided $ \ (y\ \' \ \ Exp Date -4J1z- Provided $ 'C)DD)L Exp Date ~ Provided $ 2,1.J I Exp Date Provided $ ~ Exp Date Exp Date ~ Exp Date , I I I Yes No Provided $ Provided $ Exp, Date Exp. Date Provided $ Exp Date_ Ves ~Yes No No ~Yes Yes ~~ Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Qy~ '31 \ r \ Agent registered in Florida? I. \..0 LYes /Yes ~Yes No No No Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, ifnecessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? No No No No No No No No Reviewer Initial ' Date: 04-COA-OI030 Admnisb'ative Servires Division Purchasing Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 ADDENDUM 2 Memorandum Date: October 20,2010 From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum # 2: ITS 10-5593 West Eustis Avenue Stormwater Improvements CHANGE: Section 5: Contract Time and Liauidated Damages. Page GC-CA-2: Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date, No Work shall be performed at the Project site prior to the Commencement Date, Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor, Contractor shall achieve Substantial Completion within one hundred and eighty (180~ hundred and fifty (150) calendar days from the Commencement Date (herein "Contract Time"). CHANGES: ITEM NO.1 Flowable Fill: Refer to Construction Plans - Sheet 3 (Open Cut Restoration Detail & Notes): Delete "flowable fill" as backfill for Stage 1, Refer to FDOT Standard Specification, Section 125-8 for backfill requirements for proposed drainage pipe. ITEM NO.2 1-1/2" Asphalt Overlay: Refer to Construction Plans - Sheet 3 (Open Cut Restoration Detail & Notes): Delete Note 6, Refer to Construction Plans for the limits of 1-1/2" asphalt overlay for W, Eustis Avenue, In locations where the overlay matches into existing adjacent pavements, mill 1-1/2" (10ft. wide) area to transition the overlay down to existing pavements. ITEM NO.3 Post Construction storm pipe video: Refer to Technical Specifications - Section 430 (Pipe Culverts and Storm Sewers) Delete the following sentence: "Post construction video of installed storm sewer is not required." Post construction video of installed storm sewer is required per FDOT Standard Specifications, Section 430. ITEM NO.4 Bid Schedule: 1. Pay Items 2-F(*) and 2-G(*) - Changed to alternates, 2. Add the following Pay Items: Pay Item 2-M 2-N Description 8"x4" Tapping Sleeve & Valve 4" PVC WM (C-900, DR 18) Unit Quantity EA 1 LF 23 3. Revise the following Pay Item: Pay Item 522-2 Description Conc. Sidewalk tDriveway, 6" SY (includes Armor Tile) Unit Old Quantity New Quantity 868 995 Replace the bid schedule with attached. Bidders must submit Addendum #1 bid schedule to be considered for award, ITEM NO.4 Revised Engineers Cost Estimate: The Cost Estimate for the project is approximately $ 400,000. ITEM NO.5 Storm Pipe Substitution Refer to Construction Plans - Sheet 2 Delete General Note 12. Refer to Technical Specifications - Section 430 (Pipe Culverts and Storm Sewers) Delete the following sentence: "Corrugated Plastic Pipe tHigh Density Polyethylene pipe (HDPE) will be used to construct the storm sewer as specified in the construction plans, unless otherwise noted." Another type of storm pipe may be utilized for the project as long as it meets the requirements of FDOT Standard Specifications for Road and Bridge Construction, dated 2010, with the exception of corrugated metal pipe, Corrugated metal pipe is not approved for use on this project. 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LL C.9 I I N N '" <Il Ol OJ 0.. rn w l- e:( Z 0::: w I- ....I e:( 0> a ('I') '<t eo1N:r County Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 Administrative Servires Division Purt:haSing ADDENDUM 1 Memorandum Date: October 13, 2010 From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum # 1: ITS 10-5593 West Eustis Avenue Stormwater Improvements The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: The Board of County Commissioners approved a new Immigration Affidavit and added a new requirement for Vendors I Suppliers I Contractors submitting proposals. That new language and requirements are attached on the following pages. In order for the proposal to be considered, the following documents must be submitted with your proposal: . A signed copy of this Addendum, · A signed and notarized copy of the Immigration Affidavit attached to this Addendum, and · A copy of the company's E-Verify profile page or memorandum of understanding If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Margaret Bishop, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Revised: 4/15/10 1 Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (lTB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: · Commodity based procurement where no services are provided. · Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors I Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents, If the BidderNendor does not complv with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's I vendor's proposal shall be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above, For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.qov/E-Verifv. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be 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 and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately, Cot. County Adninistratlve Servioos 0Msl0n Purd1a.sing Immigration Law Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals, Further, Vendors I Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company, Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv prOQram. shall deem the Vendor I Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U,S.C, Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (UlNA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this 20_, by day of (Print or Type Name) who has produced as identification, (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made, ITS 10-5593 Eustis Ave eo1tr County Administrative SeM::es DMsion Purchasing West Eustis Avenue Stormwater Improvements COLLIER COUNTY BID NO. 10-5593 COLLIER COUNTY, FLORIDA Design Professional: Pitman-Hartenstein & Associates, Inc. ~ 't~,f>ii;._~ Purchasing Departrrall' 3301 Tamiami Trai! Easj. Naples, Florida 34112' VIWW,coiliergov.nelJpurchasing ITS 10-5593 Eustis Ave 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 Pitman-Hartenstein & Assoc, and identified as follows: West Eustis Ave Stormwater Improvements as shown on Plan Sheets 1 through 11. EXHIBIT N: Contractor's List of Key Personnel ITS 10-5593 Eustis Ave cJt,.CmmI;y Administrative Servires Division Purcha:sing PUBLIC NOTICE INVITATION TO BID West Eustis Avenue Stormwater Improvements County Bid No.1 0-5593 Separate sealed bids for the construction of West Eustis Avenue Stormwater Improvements, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 2nd day of November 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 13th day of October 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, West Eustis Avenue Stormwater Improvements, Bid No. 10-5593 and Bid Date of November 2, 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 15, Bonds & Insurance) 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 GC-PN-1 (Revised July 2009) ITS 10-5593 Eustis Ave Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and 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 1st day of October 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Isl Stephen Y. Carnell. C.P.M. Purchasing and General Services Director GC-PN-2 (Revised July 2009) ITB 10-5593 Eustis Ave PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1,1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-15 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein, The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC-I B-1 ITS 10-5593 Eustis Ave location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder, 3,2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. 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. 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. GC-IB-2 ITS 10-5593 Eustis Ave 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5,3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date, Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents, 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid, 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory, GC-I B-3 ITS 10-5593 Eustis Ave Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9,2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only, Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not 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 GC-IB-4 ITS 10-5593 Eustis Ave Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid, 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy, 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Local Vendor Preference: The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts, A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and 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 GC-I B-5 ITS 10-5593 Eustis Ave 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 Bl)siness which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 12.3 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.4 Certificate of Authoritv to Conduct Business in the State of Florida (FL 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, GC-I B-6 ITS 10-5593 Eustis Ave Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F,S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14,2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15,3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for 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 GC-IB-7 ITS 10-5593 Eustis Ave 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: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-I B-8 ITS 10-5593 Eustis Ave CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA West Eustis Avenue Stormwater Improvements ~ BID NO.1 0-5593 . I Full Name of Bidder ~ ( OW Main Business Address '00 Q 3 l}un I..-eA _ S if --t.i .,1/ Place of Business r:-J.-. M:2.eA. s f1 D v( r1 .CC Telephone No.~3ql ~ILfI q5QLf Fax No.-J3Q. 117L/. Q5DS State Contractor's License # r~ (.I :JnL. State of Florida Certificate of Authority Document Number Federal Tax Identification Number t.o 5"- 0 g J]!Jq OJ I) To: I3QARD OF COUNTY ,CqMMJSSIONER~ 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. 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I'- C') ..... N 0) C"') LO LO as '<t N ~ ~ ~ C') 0 en C') I'- W '<t N I- LO C') <( 0 0) Z T"" LO c::: W I- ...J ,<( + C in ~ ~ w en <( lO LO T"" ...J ~ 0 I- <{ <{ w w g (j) '00 eo ID u Q (j) E (]) 0 Cil 2 ~ (/) .~ (]) u -a '~ ~ (]) (f) (]) L.. L.. (]) :J ro u S 2 (]) U5 ro .~ u ;;:::: 0 c (j) 0 0:::: U ,;- ,;- ;::... '- u. C9 , , N N N Q) C> '" a. en w I- <( Z c::: W I- ...J <( 0) 0 C') v ITS 10-5593 Eustis Ave MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials asspecificall outlined in the Bid specifications. Company: Date: II-~-IO 5nL,. Signature: Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additi al pages as necessary. , J 1- ~'I() Date: GC-P-3 ITS 10-5593 Eustis Ave 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 "qualifiedll (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address E..\l~Cq/CtI/rm rnlblAJ1/(o.rnrl- &wr C>>CUr SIlt 1[\L. .3ft63I.kmlf,L ~~. I 'PI-1 PI -ozCi/Cp 1. 2. 3. 4. 5. Company: 111c. Signature: Date: 11(~~/O GC-P-5 ITB 10-5593 Eustis Ave 8T A TEMENT 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. &iuH ~J -S,re, ; JVlC Q}h~<<S @ gtu .LL. )]~~~~~I;~f&t:~ ~~~~ C' LV, RObeA/~, ~()U.IJ().IL C(Y)J({tdt~ 171200 RfUlttlbatJl.V\ er~ f/H 03'10 b23Cl- MJ.5-051P5" ~.W. RDbe.(~ "~UU()J Cm/(aLh'iJ 1 'O-o5'D t~,'uu..nt)O{)u.L,pk~ PM 33Ct13 bl3(,)~ {;/~fi-O':fu5 fiL()lhA~ Sp(l~ ~~ A q-o 0" l..fqftLJ :r L. ~LllALC TflIl ~e... Pt, ~M lVl a'3~ A '107-1111 (1lA..I-{ CDCt-.\ f Ill') cl eM ())M::f. TN Bidder ~ BY: ~. _____ Proiect and Location 1, ~s Head 0rde.wQll!( , 2. J]+11 sry~~ ~ l~tU 3. ~R ~ gq k/(Uc 4. lu CoM~ SiQe,waw 5. ~ Spn f\g (jOJ)L Vi 1I f UtjL' 6. ~u tLnL-A PhtL~1T Dated f\.-~ "ID GC-P-6 Reference ITB 10-5593 Eustis Ave TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF,SY) Unit (Quantity) Unit Cost Extended Cost 1. Of€N ~i (...1\4 l3Al.-k. \ Lr f.2.< a:> /5Ko - J 2' <{ 2. 3. 4. J5,.. TOTAL 00 158() -- $ Failure to complete the above may result in the Bid being declared non-responsive. Dated JI'~/, 0 cu J ~ 7rJ[ Bidder =--:)---> ,g'1~bbl.{ .~PrtJ'Cltnr BY: GC-P-7 ITB 10-5593 Eustis Ave c~r County .~~_.....~"""--_..~ Nlnlil1istrative Selvit..es Division Purch;J:;lng Affidavit for Claiming Status as a Local Business Bid #: 10-5593 - West Eustis Avenue Stormwater Improvements (CHECK ApPROPRIATE BOXES BELOW) State of Florida {Select County if Vendor is described as a Local Business D..collfer County {2fLee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be Iiifiitedto, 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 ~e County: I q OJ q Number of Employees (Including Owner(s) or Corporate Officers): / ~ Number of Employees Living in 0 Collier County or fZI Lee (Including Owner(s) or Corporate Officers): / ~ If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Fail re to do so will result in vendor's submission being deemed not applicable. Vendor Name: STATE OF FLORIDA o COLLIER COUNTY ~EE COUNTY ~I\d Day of ( ",1\."""" DANIEll!: C. CARNER ~\..~..., '(,l'l'~ 9Zr. !_"~"'~ co, mmission II DD 842 :> :i* :" My Commission Exptres '!...... ~" 2012 <:.,~'t~",~~,," DaoembEH 03, '1IIrn\\~\. Notary Public My Commission Expires: GC-P-8 ITB 10-5593 Eustis Ave The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time, to request supporting documentation as evidence of the vendor's compliance with this sworn affidavit. 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 reasohableestirnate' 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 and 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: Slate of -11p AA'dJJ.. _ County of U--- , 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. GC-P-10 ITB 10-5593 Eustis Ave (a) Corporation Th~,Bid~er is a corpora~ion organized and ~ . 'Yh1ch operates 'Oo..-,~ UllUef9(CUfYJ. Jf1L- as follows: President~e4 Ln R. Gzobtt J Secretary In tJI tL WI. GlDb( e... existing under the laws of the State of under the legal name of , and the full names of its officers are Treasurer Manager is authoriz 0 sign construction bids and by action of . s Board of DiregtOfs--taken , a certified c of which is hereto attacj:lea(strike out this (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 J and if DATED legal entity BY: Witness Name of Bidder (Typed) GC-P-11 ITS 10-5593 Eustis Ave Witness Signature Title STATE OF HOr Id Cc COUNTY OF L t~ The fore oing Instrume was acknowledged before me this ~ay of NoVP.rYll:1!f. 2010, b . AD rL , a ',~(e.D1 C11lJE". of . , a or Ov corporation, on behalf of the corporation. He/sh is personally known to me_ or has produced as identification and did (did not) take an oath. My Commission EXRires: "\\~~:'~:J:',, DANIEllE C, CARNER f".,O~<-';:'~ Commission It DO 642925 ~~;i My Commission Expires ~"';, ~~- \ ",,~:ft?,.t~~' Deoember 03, 2012 ~.:.:!!.Ilm Iol'......._- NAME: ~ (AFFIX OFFICIAL SEAL) Notary Public, State of r-I 0 rid Ov Commission No.:~ GC-P-12 ,1 ITB 10,5593 EusUs Ave BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Gulf Coast Underground, rnc. (herein after called the Principal) and Fidelity and Deposit Company of Maryland I (herein called the Surety), a corporation chartered and existing under the laws of the State of l>taryland with its principal offices in the city of Schaumburg, IL and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners of Collier County, Florida (hereInafter called the Owner), In the full and just sum of Five Percent of Amount Bid dollars ($ 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which 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 West Eustis Avenue Stormwater Improvements Bid No. 10-5593 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 OBUGEE the fixed sum of $ ~~~nte~r~n15~f 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. October Principal (Seal) Surety John R, Neu. Attorne -in-Fact (SeEd) & Florida Licensed Agent BY N/A GC-P-13 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by DAVID S. HEWEIT, Vice President, and 'ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said co~pany, ~are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date he, des)~by nominate, constitute and appoint Kevin WOJTOWICZ, Glenn ARVANITISJ John R. NE d:'~" or St. PetersburgJ FloridaJ EACH its true and lawful agent and AttomeY-in-Fa~ ~WtWcse el J: , and on its bebalfas surety, and as its act and deed: any and all bonds ~ g J a t 1 uch bonds or undertakings in purnuance oflb"", presents, shall be~1>iW1!l! .@~' om ~~~~ ply, to all intents and purposes, as if they had been duly executed and ackQW~he re I. i dfhders of tile Company at its office in Baltimore, Md., in their own proper pef~~@ \3 C;;j" The said Assistant R c pes;'~~(rY1hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- <> ~Cdn\~~d is now in force. IN WITNESS ~ OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of Febmary, A.D. 2009. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Eames By: Assistant Secretary David S. Hewell 'r'l // " ) J J II \j 111./ (t,t-'-y/ j). { it ( f ., ,.- f'; tt'J~kf ,L })~~ Vice President State of Maryland }SS' City of Baltimore ' On this 17th day of Febmary, A,O. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came DA VII) S. HEWEIT, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instmment, and they each acknowledged the execution oftbe same, and being by me duly sworn, severally and each for himselfdeposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instmment by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. \"Il\\lIIHII;,,, (~;;~;~k;J .', I ~ ;;:~):~~.\';,,, <, 1'\ /' i ~-) l.o'l'v.:iX.:c,/N'.Z-. r...:J ' z.,jJ_VY'-7"_- Constance A. Dillin Notary Public My Commission Expires: July 14,2011 POA-F 031-00228 ITS 10-5593 Eustis Ave 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 cashier's check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 12. The mailing envelope must be sealed and marked with: <::>Bid Number; <::>Project Name; <::>Opening Date. 13. The Bid will be mailed or delivered in time to be received no later than the specified 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 . fJ1W[ (1 Cli ~ Uno ~j fDWYi, Jj}C . Bldd . aI.: --- Date: }) - f). - J 0 GC-P-14 Insurance I Bond Type 1. !81 Worker's Compensation 2. !81 Employer's Liability 3. !81 Commercial General Liability (Occurrence Form) patterned after the current ISO form 4. !8Ilndemnification 4. !81 Automobile Liability ITB 10-5593 Eustis Ave Collier County Frorlda Insurance and Bonding Requirements Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements $1.000.000 single limit per occurrence Bodily Injury and Property Damage $1.000.000 single limit per occurrence To the maximum extent permitted by Florida law, the ContractorNendorlConsultant 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 ContractorNendorlConsultant or anyone employed or utilized by the ContractorNendorlConsultant 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, $ 1.000.000 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 8. [gJ 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. [gJ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required, 10. IX) The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 11. IX) Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability :::::~~r:edf;;~f(f ~~ 7t/m;~g;;;U~. Date 11-13)/ D Vendor ~ ---- Signature Print Name ~m R. &-tDb~eJ f1' ve J CO LUI-I-~WQ1\ U ~t. l-JI. Dfl()()enbrLU.( ttgOJIL:j Telephone A?Jil. q?jJ/~OD Insurance Agency Agent Name GC-CA-B-5 q$:'y._county ,.:::..:....,:-::;....~ ~.,~I.:.-- '=l!......~.,.:::"":>O~:::-....:I.--:...::'.-.~.....>=:.M..:..,...-=" Mminis!ralive Services mJision PlIrrn;J si<1g Immigration Law Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors I Bidders are required to enroll in the E~Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the EwVerifv proaram, shall deem the Vendor I Bidder's proposal as nonwresponslve. 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 aCe) Section 274A(e) of the Immigration and Nationality Act ("INN). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verifyand to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission f the Vendor's I Bidder's proposal. Company Name l!oCL-~ {- f- Print Name Date -11 / ().. -{ () Signature County of Th~Aoregoing instrument was signed and acknowledged before me this8nd...day of NOVQJY1ttc, 20.lll,by SK,\Jtn ~ .C?:lli1l Q-, who has produced ~prlnt or Type Nam'j\ . 1 nJ.LLt~,-- Q - ClAP fl>>-J ~ot ry Public Signature ~M, II L Q,. to.J tiQ[ Pn'ted Name of Notary Public ,DD~l1i)AilIf) 11A~ Notary Commission Number/Expira ion \\\\'IUf(l" $ti:~ ~<It ,...~ ;* Ita ~~ ~~ o:.'~?'l Oll"'fIi'.,~'" IIIIUn\\\\: DANIEllE C. CARNER Commission # OD 842926 My Commission Expires DeOember 03, 2012 The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. eRb~ PROPUCER CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlOPIYYYY) OP 10 JK GULFC10 01/08/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Five County Insurance Agency , >120 Metropolis Avenue ~ Myers FL 33912 Pnone:239-939-1400 Fax: 239-939-3813 INSURED INSURERS AFFORDING COVERAGE NAIC# Gulf Coast Underground, Inc. 3093 Hunter Street Fort Myers FL 33916 I COVERAGES INSURER A: 'rnvelers Inclemnity o~ A.'C.-rica INSURER B: Travelers Indemni ty CO INSURER C: Travelers Prop ca~ Co of !\mer INSURER 0: FCCI Commercial Ins CO. INSURER E; 25674 10178 THE POLICIES OF INSURANCE LISTED BelOW HAVE SEEN ISsUED,TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING A~ 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 CONDJTlONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSRt POLICY HUMBER P I ~I DATei",w&~ LIMITS LTR lYPE OF INSURANCE DATE (MMJDD/YYYY GENERAL LIABILllY EACH OCCURRENCE $ 1 ,000,000 f-- 01/01/10 01/01/11 PREMISES '{E',;=~ncel B X X COMMERCIAL GENERAL LIABILITY C02939P891-IND-10 $ 300,000 f--- I CLAIMS MADE [1U OCCUR MED EXP (Anyone person) S 5,000 X BLNK WVR OF SUB PERSONAL & ADV INJURY $1,000,000 X BLNK ADDL INSD GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE WAIT APPLIES PER: PRODUCTS. COMP/OP AGG S 2, 000,000 I ,nPRO, n Emp Ben. 1 000,000 POLICY JECT - LOC AUTOMOBILE LIABILllY COMBINED SINGLE LIMIT $ 1,000,000 - A X ANY AUTO BA2939P89l-TIA-10 01/01/10 01/01/11 (Ea accident) - ALL OWNED AUTOS SODIL Y INJURY ~ " $ SCHEDULED AUTOS (Per person) r-- HIRED AUTOS BODILY INJURY '--- $ NON-OWNED AUTOS (Per accident) - - PROPERlY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY. EAACCIDENT $ =j ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS I UMBRELLA L1ABILllY EACH OCCURRENCE $ 5 000,000 B 8 OCCUR o CLAIMS MADE CUP2939P89l-IND-10 01/01/10 01/01/11 AGGREGATE $5,000,000 $ ~ IDEDUCTIBLE $ X RETENTION s10,000 $ WORKERS COMPENSATION X ITORY LIMITS I rVER' AND EMPLOYERS' LIABILITY Y/N 0 ANY PROPRIETORiPARTNERlEXECUTlVD 1087725 01/01/10 01/01/11 E.L EACH ACCIDENT $ 500,000 OFFICERlMEMBER EXCLUDED? i."'.ndalory In NH) El, DISEASE. €A EMPLOYEE $ 500 I 000 II ~es. (lescribe under $ 500,000 S ECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT OTHER C Equipment Floater QY6604007P954 01/01/10 01/01/11 OED $1,000 JESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holer is included as Additional Insured, but only with respect to General Liability. ~ERTlFICATE HOLDER COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 2800 N HORSESHOE DR NAPLES FL 34104 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLL28 0 DATe THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RESENT. TI E lCORD 25 (2009101) RATION, All rlghls reserved. C_~;y_counl<Y ,... . :." ;,~_.=.:;"'''::.~_.- ~''!'.:,-:'''_:_k. '':',-;:=-..,:,'~~~~t..::.~...~. ...:.;:: .~_ ..__....~,,:~,., ~._~ Administrative SeNices Division Purchasing Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 ADDENDUM 1 Memorandum Date: October 13.2010 From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum # 1: ITB 10-5593 West Eustis Avenue Stormwater Improvements , , . The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: The Board of County Commissioners approved a new Immigration Affidavit and added a new requirement for Vendors I Suppliers I Contractors submitting proposals, That new language and requirements are attached on the following pages. In order for the proposal to be considered, the following documents must be submitted with your proposal: . A signed copy of this Addendum, · A signed and notarized copy of the Immigration Affidavit attached to this Addendum, and . A copy of the company's E-Verify profile page or memorandum of understanding If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Margaret Bishop, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced sollcllatlon. ~ --.lJ .;). -10 (Signature) 11 , Date lJ1Wt (~tlJ:f: Uftltr {]yo Uf'(./ 141C (Name of Firm) B Revised: 4/15/10 1 Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it Is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: · Commodity based procurement where no services are provided. · Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors J Bidders are required to enroll in the E~Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's' vendor's proposal shall be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the llExceptions to the program" clause above, For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.Qov/E-Verifv. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be 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 and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. C~;r County ,', ..~...,.~:"'$ -:.".,..-;.;' ~;:::-='::::"~~"":'":";" -"""'" '" ~=.....=:.~~~:-~~., :_.,..~.:.~.-. ...~.:'.~.:.:;:~:-,,":" Administrative Sel\iices Division Purchasing Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 ADDENDUM 2 Memorandum Date: October 20, 2010 From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum # 2: ITS 10-5593 West Eustis Avenue Stormwater Improvements CHANGE: Section 5: Contract Time and Liquidated Damages. Page GC-CA-2: Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date, Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and eighty (18C>> one hundred and fifty (150) calendar days from the Commencement Date (herein "Contract Time'l CHANGES: ITEM NO.1 Flowable Fill: Refer to Construction Plans - Sheet 3 (Open Cut Restoration Detail & Notes): Delete "flowable fill" as backfill for Stage 1, Refer to FOOT Standard Specification, Section 125-8 for backfill requirements for proposed drainage pipe. ITEM NO.2 1-1/2" Asphalt Overlay: Refer to Construction Plans - Sheet 3 (Open Cut Restoration Detail & Notes): Delete Note 6, Refer to Construction Plans for the limits of 1-1/2" asphalt overlay for W, Eustis Avenue. In locations where the overlay matches into existing adjacent pavements, mill 1-1/2" (10 ft. wide) area to transition the overlay down to existing pavements. 1 ITEM NO.3 Post Construction storm pipe video: Refer to Technical Specifications - Section 430 (Pipe Culverts and Storm Sewers) Delete the following sentence: "Post construction video of installed storm sewer is not required." Post construction video of installed storm sewer is required per FDOT Standard Specifications, Section 430. ITEM NO.4 Bid Schedule: 1. Pay Items 2-F(*) and 2-G(*) - Changed to alternates. 2. Add the following Pay Items: Pay Item 2-M 2-N Description 8"x4" Tapping Sleeve & Valve 4" PVC WM (C-900, DR 18) Unit Quantity EA 1 LF 23 3. Revise the following Pay Item: Pay Item Description Unit Old Quantity New Quantity 522-2 Cone. Sidewalk IDriveway, 6"SY 868 995 (includes Armor Tile) Replace the bid schedule with attached, Bidders must submit Addendum #1 bid schedule to be considered for award. ITEM NO.4 Revised Engineers Cost Estimate: The Cost Estimate for the project is approximately $ 400,000. ITEM NO.5 Storm Pipe Substitution Refer to Construction Plans - Sheet 2 Delete General Note 12. Refer to Technical Specifications - Section 430 (Pipe Culverts and Storm Sewers) Delete the following sentence: "Corrugated Plastic Pipe tHigh Density Polyethylene pipe (HOPE) will be used to construct the storm sewer as specified in the construction plans, unless othelWise noted." Another type of storm pipe may be utilized for the project as long as it meets the requirements of FDOT Standard Specifications for Road and Bridge Construction, dated 2010, with the exception of corrugated metal pipe. Corrugated metal pipe is not approved for use on this project. ITEM NO.6 Pay Item 2-G(*) Conflict Structure (6' dia. w/steel casing) Conflict structures for utility conflicts shall be in accordance with FOOT Standard Indexes, 200, 201 and 307. c: Margaret Bishop, Project Manager Enc: Bid Schedule (1 u r t C-OCd t uM cA 9 (/JJ.t1LL III ~~.2.. ~\-tvin R. L'lDble - Preh1cUrd Contractor Certification Detail Page Page 1 of 1 (~olli~t:)f;D~llllt~~ I Contractor Details Class Code: 4450 UNDERGROUND UTILITY & Class Description: EXCAVATION STATE CERTIFIED Certification Number: 33109 Original Issue Date: 8/13/2008 Certification Status: ACTIVE Expiration Date: 8/31/2012 County Comp Card: State Number: CUC 057169 State Expiration Date: 8/31/2012 Doing Business As; GULF COAST UNDERGROUND, INC. Mailing Address: 3093 HUNTER ST. FT. MYERS, FL 33916- Phone: (239)274-9504 Fax: (239)274-9505 ,1?a~<:~m Copyright@2003-2007 Collier County Government, 3301 E. Tamiami Trail, Naples, FL 34112 I Phone 239-774-8999 Site Map I Privacy Policy and Disclaimer I Website developed by Vision Internet httD:/ /aDDs2 .collienwv .net/webaDDs/vision/ConCert/Detail.asDx?cert=3 3109 12/8/2010 www.sunbiz.org - Department of State Page 1 of2 " " "" ' FLOH i DA DEPARTM ENT OF STATE ;>~~ , DlrlS:O\ UJ CORPOR_\fJOX~ :m/;:, - -, 2 " " ,- ,. - -, '!B - . - 1%",;C;",.; Ii >i;@ A"jalr~'- _~ Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List IEntityNClrne~earch ; No Events No Name History Detail by Entity Name Florida Profit Corporation / GULF COAST UNDERGROUND, INC,\ Filing Information Document Number P98000107j085 FEIIEIN Number 650879992 Date Filed 12/23/1998 State FL Status ACTIVE Principal Address 3093 HUNTER STREET FORT MYERS FL 33916 US Changed 01/09/2007 Mailing Address 3093 HUNTER STREET FORT MYERS FL 33916 US Changed 01/09/2007 Registered Agent Name & Address GOBLE, STEVEN R 8541 BELLE MEADE DRIVE FT. MYERS FL 33908 Address Changed: 04/26/2005 OfficerlDirector Detail Name & Address TitleD GOBLE, STEVEN R J 8541 BELLE MEADE DRIVE FT. MYERS FL 33908 Title SEC GOBLE, SHELLEE M 8541 BELLE MEADE DRIVE FT MYERS FL 33908 Annual Reports Report Year Filed Date 2008 01/31/2008 2009 01/09/2009 2010 05/10/2010 Document Images 05/10/2010 -- AN NUAL REPORT http://www.sunbiz.org/scripts!cordet.exe?action=DETFIL&inQ doc number=P98000 1 070... 12/8/2010 www,sunbiz.org - Department of State Page 2 of2 01/09/2009 - ANNUAL REPORT 01/31/2008 -- ANNUAL REPORT 01/09/2007 -- ANNUAL REPORT 02/10/2006 -- ANNUAL REPORT _iilr~JI1lfmlllllll 04/2612005 -- ANNUAL REPORT _i81111111 04/01/2004 --ANNUAL REPORT __111:t1l1l11f 02/17/2003 - ANNUAL REPORT _.....1 05/08/2002 -- ANNUAL REPORT _~.1III11ilRrJIIII~ 05/01/2001 - ANNUAL REPORT -....4 02/08/2000 -- ANNUAL REPORT ""'1Il'lIC._11111111 03/10/1999 -- ANNUAL REPORT ~""..".Il111111'111 12/23/1998 -- Domestic Profit ..~cl1lll.11 Note: This is not official record, See documents if question or conflict, Previous on List Next on List Return To List IEntityN~rY1eSe~rc~ " ''''''*,","':11I.'"'",.,,',,',,,1, II~lt_ No Events No Name History I Home I Contact us I Document Searches I E-FilinQ Services I Forms I Help I CopvriQht@ and Privacv Policies State of Florida, Department of State htto://www.sunbiz.on2/scriDts/cordet.exe?action=DRTFTT ,&ino cioe nllm her=P9ROOO 1070 1) /R/?01 0 '~":',:;:':i~~~~t;;~~ '-~ri~~1~Vt::;~~~t~~~~'{~~?,~~~g~~ '~':' " .~;:~:~9(M~~. ~ ,;= ,"~~ r,'~f,\CJ~)~ ,.;. : :,: ,'~~~l:'l ,~\A~:::i :,:~ '~~~!'~I-r.J~'''''~'' ::' ,;,; :\,~ (,;;/,.~~ ,:;; ~'I~': ,&.'W " " "~'<":':;;,,',;~''K~:.<~.:; . \;~;~:;', :'<li;~',~<";,.' /, '; I ".....~~~ -' '<',"', ~ -\.,! , ,'. .,,,.C)J---=_,,,-'\,,,, "",~"."~(,T/j.:.,..!S'",-,, - ~ - *= . .." 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" : 'ron:~: J-t'.: ~';-t'1Q)'MI<4 ' : ....(,~~twr?;t" '::: C?;;, :I.\~: ': :,'i:t }:.':vCIj, CD_~rl"'~;,,,,:~: ;:\,:{_ '; ,:, ::~/':,,~:k ..' '; ~r~'b;;',~' J;;>.,; '~7CD~'U'Pf~\~~":r;';;- ',~ ',". {;tlh~{, ~h . . "';'\\',";<-."-J'r",) ;. ~ ';.J;tl ,.'Q ~.- !(,",S~''ii,~J.i'(''' 'Nl'~'^r';~""'" ~ ",",~:~::';Jf.' ,? '~f 't:>:I'<1:' ",_~%1.<,t' ' , ,',~-~..l'~~~~~t:, ~,'.t('}.:..::f\':r'd.", ..,!,!"g:,./-J:!!-'fA~},' 'S!tl~;~% '$l--:....:';t~1~{, Q~;;1j;~~", '".";:: :~::", fEW;i::>z~-r\. "', ,~;z,~~;::>;~::~:' :g(f;.)'r-r':; ITS 10-5593 Eustis Ave CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Gulf Coast Underground, Inc. ("Contractor") of 3093 Hunter Street, Fort Myers, Florida 33916, a Maryland corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with West Eustis Avenue Stormwater Improvements, Bid No. 10-5593 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Pitman-Hartenstein & Associates, 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. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Two hundred and forty eight thousand, three hundred and seventy one dollars and sixty one cents ($248,371.61). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor, The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise GC-CA-1 ITS 10-5593 Eustis Ave acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.qov/c570/c570. html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety, B, If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and liQuidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement' Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and eighty (180) 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, one thousand four hundred and twenty three dollars ($1,423.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve GC-CA-2 ITS 10-5593 Eustis Ave 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 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 GC-CA-3 ITS 10-5593 Eustis Ave through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: , Exhibit M: Exhibit N: 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 Pitman-Hartenstein & Assoc. and identified as follows: West Eustis Avenue Stormwater Improvements as shown on Plan Sheets 1 through 11. 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: Margaret Bishop, Project Manager Growth Management Division 2885 S. Horseshoe Drive/Naples, FI 34104 (239) 252-5857 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: Steve Goble, President Gulf Coast Underground, Inc. 3093 Hunter Street Fort Myers, Florida 33916 (239) 274-9504 (239) 274-9505 Fax GC-CA-4 ITS 10-5593 Eustis Ave C, Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section, Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assians. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governina Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and 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 GC-CA-5 ITS 10-5593 Eustis Ave made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severabilitv. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion, **** GC-CA-6 ITS 10-5593 Eustis Ave IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. WITNESSES: II ~U~ Date: " ,', ATTEST: ," o,.,i -..:::,.'1<.. ", , -' I ,".- f . "-;'1; DWi hfEBrock, CI~r : :~; " :. /, ~ BY: A ,.,r.to, "'tNM . IttU~' ...;. > ~d As To Form _ d_ ~~giJ7Je~ Print Name: ~ ~ iI ~ ~ L ~nt County Attorney ~~ CONTRACTOR: By: round: Inc. OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: '1uJ- w. ~ Fred W. Coyle, Chalrma GC-CA-7 ITS 10-5593 Eustis Ave EXHIBIT 8 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. · The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 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 GC-CA-C-1 ITS 10-5593 Eustis Ave provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverageM 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, rgj Worker's Compensation 2, rgj Employer's Liability 3, rgj Commercial General Liability (Occurrence Form) patterned after the current ISO form 4, rgj Indemnification 4, rgj Automobile Liability ITS 10-5593 Eustis Ave Collier County Florida Insurance and Bonding Requirements Requir~d Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements $1.000.000 single limit per occurrence Bodily Injury and Property Damage $1.000,000 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, $ 1.000.000 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 $ $ Per Occurrence o Valuable Papers Insurance Per Occurrence GC-CA-C-3 ITS 10-5593 Eustis Ave 6, [8J 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. [8J 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 financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by AM. Best Company, Inc, of 75 Fulton Street, New York, New York 10038. 8. rgJ 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, rgJ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required, 10. rgJ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County 11. rgJ 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 Client#: 67381 GULC037 ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 1/11/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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), PRODUCER ~~E~"" Jackie Pettis Gulfshore Insurance, Inc. W8Nrio Ext): 239 435-1475 I r~, Nol: 239 213-2838 4100 Goodlette Road North I:D~~ss: jpettis@gulfshoreinsurance.com Naples, FL 34103 -3303 ~~~f~~~~ID#: GULC037 239 261-3646 INSURER(s) AFFORDING COVERAGE NAIC# INSURED INSURER A: Amerisure Insurance Company Gulf Coast Underground, Inc. INSURER B : 3093 Hunter Street ^ Fort Myers, FL 33916 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, :~':.R TYPE OF INSURANCE ~N~~L r:.::,~R POLICY NUMBER P~i)86~1 P~iJ86~ LIMITS A GENERAL LIABILITY X X GL2073989 ~1/01/2011 01/01/201 ~ EACH OCCURRENCE $1.000.000 f-- ~ OMERCIAL GENERAL LIABILITY ~~~~~~l?E~~~J~~ence\ $300,000 f-- CLAIMS-MADE [!J OCCUR MED EXP (Anyone person) $10,000 - PERSONAL & ADV INJURY $1,000,000 - GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG $2,000,000 ~ POLICY n- P,~,9;: n LOC $ A AUTOMOBILE LIABILITY CA2073984 ~1/01/2011 01/01/2012 COMBINED SINGLE LIMIT $1 000000 - (Ea accident) X ANY AUTO - BODILY INJURY (Per person) $ - ALL OWNED AUTOS BODILY INJURY (Per accident) $ - SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ f-- X NON.OWNED AUTOS $ - X Drive Other Car $ A ~ UMBRELLA LIAB ~ OCCUR CU2073990 01/01/2011 01101/201 EACH OCCURRENCE $5 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5 000 000 - DEDUCTIBLE $ X RETENTION $ 0 $ A WORKERS COMPENSATION WC2073983 01/01/2011 01/01/2012 X 1~5RtTd~Y;:s I I~~H- AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVED E,L. EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $500,000 If yes, describe under $500 000 DESCRIPTION OF OPERATIONS below E,L, DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: ITB 10-5593 Eustis Ave Collier County Board of County Commissioners is Named as Additional Insured on a primary basis as respects (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION 10 avs for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County ACCORDANCE WITH THE POLICY PROVISIONS, Commissioners 2800 N Horseshoe Dr AUTHORIZED REPRESENTATIVE Naples, FL 34104 ~~ I D @1988-2009ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S459247/M457223 JPE DESCRIPTIONS (Continued from Page 1) to General Liability Only as needed by contract, per form CG7048 0304 includes Waiver of Subrogation per CG7049 0905. AMS 25.3 (2009/09) 2 of 2 #S459247/M457223 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM All of the terms, proVisions, exclusions, and limitations of the coverage form apply except as specifically stated below. ' , SECTION II . WHO IS AN INSURED Is amended to include as an insured any person or organization, called an additional insured in this endorsement: , . 1. Whom you are required to add as an additional insured on this policy under a written contract or agreement relating to YOur business; or 2. Who is named as an additional insured under this policy on a certificate of insurance. However, the written contract, agreement or certificate of insurance must require additional Insured status for a time period during the term of this policy and be executed prior to the "bodily injury", "property damage", "personal [njury", or "advertising injury" giving rise to a claim under this polley. If, however, .your work" was commenced under a letter of Intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additional insured status as specified In this endorsement. 3. If the additional Insured is: (a) An Individual. their spouse Is also an additional Insured. (b) A partnerShip or joint venture, members, partners, and their spouses are also additional Insureds, (c) A limited liability company, members and managers are also additional Insureds. (d) An organization either than a partnership, joint venture or limited liability company, executive officers and directors of the organization are also additional insureds. StOCkholders are also additional Insureds. but only with respect to their liability as stockholders. , (e) A trust, you are an insured. Your trustees are also Insureds, but only with respect to their duties as trustees. The Insurance provided to the addiUonal, Insured Is limited as follows:' 1. That person or organization is only an additional Insured with respect to liability arising out of: (a) Premises you own,rent, Jease, or occupy, or (b) Your ongoing operations performed for that additional insured, unless the written contract or agreement or the certificate of Insurance requires .your work" coverage (or wording to the same effect) in which case the coverage provided shall extend to .your work" for that additional Insured. Premises, as respects this provision, shall Include common or public areas about such premises if so required In the written contract or agreement. Ongoing operations, as respects this provision, does not apply to "bodily injurY" or .property damage" occurring after: (1) All work including materials. parts or equipment furnished in connection with such work on the project (other then service, maintenance or repairs) to be performed by or on behalf of the additional insured{s) at the site, of the covered operations has been completed; or CG 70 48 03 04 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2003 ' Page 1 of2 (2) That portion of "your work" out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. 2. The limits Of insurance applicable to the additional insLired are the least of those specified In the written contract or agreement, or in the certificate of Insurance or in the Declarations for this polley. If you also carry an Umbrella policy, and the written contract or agreement or certificate of Insurance requires that the additional Insured status also apply to such Umbrella polley, the limits of insurance applicable to the additional insured under this policy shall be those specified In the Declarations of ,this policy. The limits of insurance applicable to the additional Insured are Inclusive of and not In addition to the limits of Insurance shOwn In the Declarations. 3. The additional insured status provided by this endorsement does not extend beyond the expiration or termination of a premises lease or rental agreement nor beyond the term of this policy. 4. Any person or organization who is an insured under the terms of this endorsement and who Is also an insured under the terms of the GENERAL LIABILITY EXTENSION ENDORSEMENT, if attached to this polley, shall have the benefit of the terms of this endorsement If the terms of this endorsement are broader. 5. If a written contract or agreement or a certificate of insurance as outlined above requires that additional insured status be pro~lded by the use of CG 20 10 11 85, then the terms of that endorsement, which are shown below, are incorporated Into this endorsement as respects such additional insured, to the extent that such terms do ' not restrict coverage otherwise provided by this endorsement: ADDITIONAL INSURED. OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE " Name of Person or Organization: Blanket Where Required by Written Contract, Agreement, or Certificate of Insurance that the terms of CG 20 10 11 85 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Copyright, Insurance Services Office, Inc" 1984 CG 20101185 The Insurance provided to the addltiollallnsureddoes not apply to "bodily injury', "property damage", "personal injurY', or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or. failure to render any professional services including but not limited to: 1. The preparing, approving, or falling to prepare or approve maps, draWings, opinions, reports, surveys. change orders, design specifications; and 2. Supervisory, inspection, or engineering services. Any coverage provided in this endorsement Is excess over any other valid and collectible insurance available to the additional Insured whether primary, excess, contingent, or on any other basis unless the written contract, ' agreement, or certificate of insurance requires that this Insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured, Page 2 of 2 Includes copyrighted material of Insurance Services OffIce, Inc., with Its permission. Copyright Insurance Services Office, Inc. 2003 CG 70 48 03 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I . COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 7. of this endorsement amend the policy as follows: 1. LIQUOR LIABILITY Exclusion c. Liquor Liability is deleted. 2, POllUTION. HEATING AND AIR CONDITIONING EQUIPMENT Exclusion f. Pollution or any additional pollution exclusion attached to this Coverage Form shall not apply to "Bodily injury" if sustained within a building that is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke, fumes, vapor or soot from equipment used to heat or cool the building. 3. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT (HIRED, RENTED OR lOANED WITH PAID CREW) Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; Exclusion g, Aircraft, Auto or Watercraft, paragraph (6) is added as follows: (6) An aircraft that you do not own that is: (a) Hired; (b) Rented; or (c) Loaned to you; with paid crew for a period of five (5) consecutive days or less. Paragraph (6) does not apply if the insured has any other insurance for "bodily injury or "property damage" liability for such aircraft, whether such other insurance is primary, excess, contingent or on any other basis, 4. PREMISES ALIENATED A. Exclusion j. Damage to Property, paragraph (2) is deleted. B. The following paragraph is also deleted from Exclusion j. Damage to Property: Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you 5. PROPERTY DAMAGE LIABILITY. ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators, B. Exclusion k, Damage to Your Product does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agreement. Includes copyrighted material of Insurance Services Office, Inc., with its permission, Copyright Insurance Services Office, Inc" 2004 CG 70 49 09 05 Page 1 of9 6. PROPERTY DAMAGE LIABILITY. BORROWED EQUIPMENT A. Exclusion j. Damage to Property, paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations, B. With respect to anyone borrowed equipment item, provision 6.A, above does not apply to "property damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate, 7. PRODUCT RECALL EXPENSE A. Exclusion n. Recall Of Products, Work Or Impaired Property does not apply to "product recall expenses" that you incur for the "covered recall" of "your product", This exception to the exclusion does not apply to "product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of "your product", which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of "your product(s)" that have no known or suspected defect solely because a known or suspected defect in another of "your product(s)" has been found. B. Under SECTION 11I- LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8, is added: 3. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of: a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and b. "Product recall expenses". 8. Subject to paragraph 5. above, $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. The insurance afforded by provisions 1. through 7. of this endorsement is excess over any valid and collectible insurance (including any deductible) available to the insured whether primary, excess or contingent, and SECTION IV., paragraph 4, Other Insurance is changed accordingly, 8, CONTRACTUAL LIABILITY - PERSONAL AND ADVERTISING INJURY Under SECTION 1 - COVERAGE B" paragraph 2, Exclusions, paragraph e. Contractual liability is deleted. 9. SUPPLEMENTARY PAYMENTS Under SECTION 1- SUPPLEMENTARY PAYMENTS. COVERAGES A AND B, paragraphs 1.b. and 1.d. are deleted and replaced with the following: b, Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies, We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work, Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 Page 2 of 9 CG 70 49 09 05 10. BROADENED WHO IS AN INSURED SECTION II - WHO IS AN INSURED is deleted and replaced with the following: 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner, b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured, Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockhol ders. e. A trust, you are an insured, Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers," (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insured for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1 )(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in provision 11. of this endorsement. (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed, Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 CG 70 49 09 05 Page 3 of 9 d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. f. Any person or organization other than an architect, engineer, or surveyor, which requires in a "work contract" that such person or organization be made an insured under this policy. However, such person or organization shall be an insured only with respect to covered "bodily injury," "property damage," and "personal and advertising injury" that results from "your work" under that "work contract." The coverage afforded to such people or organization will continue only for a period of thirty (30) days after the effective date of the applicable "work contract" or, until the end of the policy term, whichever is earlier. However, if you report to us within the 30-day period stated above the name of the person or organization, as well as the nature of the "work contract" involved, the coverage afforded under this Coverage Form to such people or organization shall continue until the expiration of this policy, This paragraph f. does not apply if form CG 7048, Contractors Blanket Additional Insured Endorsement, is attached to the policy. g. Any person or organization to whom you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the maintenance or use of that part of any premises leased to you, including common or public areas about such premises if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization, h. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) "Bodily injury", "property damage", and .personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard." I. Any person or organization who is. the lessor of equipment leased to you to whom you are obligated by virtue of a written contact to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use by you of such equipment. However, no such person or organization is an insured with respect to any "occurrence" that takes place after the equipment lease expires, j. Any architect, engineer, or surveyor engaged by you but only with respect to liability arising out of your premises or "your work." However, no architect, engineer, or surveyor is an insured with respect to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specification; or (2) Supervisory, inspection, or engineering services. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc" 2004 Page 4 of 9 CG 70 49 09 05 This paragraph j. does not apply if form CG 70 48, Contractors Blanket Additional Insured Endorsement, is attached to the policy. k. Any manager, owner, lessor, mortgagee, assignee or receiver of premises, including land leased to you, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises or land leased to you. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy that premises, or cease to lease the land; or (2) Structural alteration, new construction or demolition operations performed by or on behalf of that person or organization. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded until the end of the policy period. b, Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, is an insured but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business, However, no such person or organization is an insured with respect to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; c. Any physical or chemical change in "your product" made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of "your product"; g. "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. This insurance does not apply to any insured person or organization from which you have acquired "your products", or any ingredient, part of container, entering into, accompanying or containing "your products.. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 CG 70 49 09 05 Page 50f9 11. INCIDENTAL MALPRACTICE LIABILITY As respects provision 10., SECTION II - WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your "employee" does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III - LIMITS OF INSURANCE, provisions 12. and 13. of this endorsement amend the policy as follows: 12, AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. 13, INCREASED MEDICAL PAYMENTS LIMIT AND REPORTING PERIOD A. The requirement under SECTION 1- COVERAGE C MEDICAL PAYMENTS that expenses be incurred and reported to us within one year of the date of the accident is changed to three years. B, SECTION 11I- LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all of the terms of SECTION III - LIMITS OF INSURANCE and is the greater of: 1. $10,000; or 2, The amount shown in the Declarations for Medical Expense Limit. C. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14, LEGAL LIABILITY (SPECIFIC PERILS) A. The word fire is changed to "specific perils" where it appears in: 1. The last paragraph of SECTION 1- COVERAGE A, paragraph 2. Exclusions; 2, SECTION IV, paragraph 4.b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a "specific peril" or any combination of "specific perils." C, The Damage To Premises Rented To You Limit described in SECTION III - LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit, which is the greater of: 1. $300,000; or 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14, does not apply if the Damage To Premises Rented To You Liability of SECTION 1_ COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. Under SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 15. through 17. of this endorsement amend the policy as follows: 15. KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and paragraphs e. and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a claim, Knowledge of an "occurrence" or an offense by your "employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers", directors, or managers has knowledge of the "occurrence" or offense. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and Includes copyrighted material of Insurance Services Office, Inc" with its permission, Copyright Insurance Services Office, Inc., 2004 Page 6 of9 CG 70 49 09 05 (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c, above. However, you shall give written notice of this "occurrence" to us as soon you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. f. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a, The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations; and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. We will not deny coverage under this coverage part if you unintentionally fail to disclose all hazards existing as of the inception date of this policy, You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by the Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 17. BLANKET WAIVER OF SUBROGATION Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form, 18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2. b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason, Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9, When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the non renewal not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 CG 70 49 09 05 Page 7 of9 19. MOBILE EQUIPMENT REDEFINED Under SECTION V - DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to self- propelled vehicles of less than 1,000 pounds gross vehicle weight. 20. LIMITED ELECTRONIC DATA LIABILITY A, The following paragraph is added to SECTION 11I- LIMITS OF INSURANCE: Subject to 5. above, the most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of anyone "occurrence" is $25,000. B, For this provision 20. only, SECTION V - DEFINITIONS, paragraph 17. "Property Damage" is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of "electronic data". Loss of "electronic data" means loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property, All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 21. DEFINITIONS 1. SECTION V - DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the following definition: "Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury," "property damage," or "personal and advertising injury," including "personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit" on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V - DEFINITIONS is amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage", "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media used with electronically controlled equipment. "Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of "your product" for: a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; c. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and Includes copyrighted material of Insurance Services Office, Inc., with its permission, Copyright Insurance Services Office, Inc., 2004 Page 8 of9 CG 70 49 09 05 g. Disposal of "your products" that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid "bodily injury" or "property damage", "Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam, "Work contract" means a written agreement between you and one or more parties for work to be performed by you or on your behalf, Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 CG 70 49 09 05 Page 9 of 9 In September 2009, ACORD revised the ACORD 25 Certificate of Insurance form. Effective immediately, Gulfshore Insurance, Inc. will begin using this new form. You will notice that the new ACORD Certificate of Insurance has a new appearance, and is now a single-sided document, making faxing and emailing more efficient. Most notably is the removal of the cancellation notice provision. Prior versions of the ACORD 25 contained a section stating that the insurance carrier will endeavor to give the certificate holder a certain number of days notice in event of policy cancellation. The notice of cancellation provision in your policy(s) is a provision given to you, the insured. Your policy does not contain any provisions to notify certificate holders that your policy has been cancelled; therefore, ACORD has modified its certificate to coincide with policy provisions. A certificate of insurance must, by state law, be a true and accurate representation of policy coverage. However, many certificate holders have required our policyholders to ask their agents to furnish them with certificates that cite verbiage that doesn't exist in the policy, or to reference indemnity clauses. It is our practice at Gulfshore Insurance to be in full compliance with state statutes and our licensing agreement with ACORD. We will not be able to issue an older version of the ACORD 25, although the certificate holder will likely request it, Likewise, we cannot alter the current certificate to add cancellation language requested by the certificate holder. If you have any questions or concerns regarding the new certificate please contact your Account Manager . We are here to assist you and are happy to answer any questions you may have. ITB 10-5593 Euslls Ava EXHIBIT A PUBLIC PAYMENT BOND West Eustis Avenue Stormwater Improvements Bond No. 08997926 Contract No. 10M5593 KNOW ALL MEN BY THESE PRESENTS: That Gulf Coast Underground, Inc. , as Principal, and Fidelity and Deposit Company of Maryland , as Surety, located at 1400 American Lane, Schaumburg, IL 60196 (Business Address) are held and firmly bound to Board of County Commissioners of Collier County as Obligee in the sum of Two Hundred Forty-Eight Thousand Three Hundred Seventy-One & 61/100 Dollars ($ 248,371.61 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 2010, with Obligee for West Eustis Avenue Stormwater Improvements in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work prOVided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the Changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2010, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body, GC-CA-A-1 ITB 10-5593 Euslis Ave Signed, sealed and delivered in e presence of: PRINCIPAL Gulf Coast Underground, Inc. ~~~E]~ ~ 67Dbl~ ITS: 12 ) I (1.1 n-t- STATE OF 'll [)V 'I c[ (C COUNTY OF ~'-{ L ThE\ fOregOing jnstrume,nt was acknowledged before m~this 1 rW~day of\..Jrl JU(O /),<{ 20 I by tv; / , ',. \' , as I~ C ,) Ie ' . 1 " IL , a Dll c; corporation, on behalf of the corporation. He/she is rsonally known to me OR has produced as identification and did (did not) take an oath. ",'~~:'~~."'~ DANIELlE C, CARNER .:-~r" " 2925 f~. '0;-; CommisSion # DO 84 , :;.. . ~~ My CommisSIOn Expires ~II"..... ~~ "";"Of"~;" December 03, 2012 'II'fll\\\ NAME: My Commission Expires: L) Notary Public, State of. -+1(.\1 i0 C'- Commission No.: \ tD y;~ d-C1 ,}\ SURETY: ATTEST: Fidelity and Deposit Company of Maryland (Printed Name) 1400 American Lane Schaumburq, IL 60196 (Business Address N/A (Authorized Signature) Witnesses to Surety (Printed Name) GC~CA-A-2 ITS 10-5593 Eustis Aile ~athY Knok, OR ~ (Attach Power of Attorney) Jennifer Spurway John R. Neu, Attorney-in-Fact & Florida Licensed Agent (Printed Name) 1126 Central Avenue, Suite 200 St. Petersburg, FL 33705 (Business Address) 727-209-1803 (Telephone Number) STATE OF Florida COUNTY OF' pinellas The foregoing instrument was acknowledged before me this 6th day of January, 2011 I W1l9, by John R. Neu , as Attorney-in-Fact of Fidelity and Deposit Company of Maryland Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A - Known as identification and who did (did not) take an oath. My Commission Expires: J)tLIl ;!tJ/ J;b A'fl~~ (Signatu Name: Margarita Lazarides (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: DD884223 MARGARITA lAZARIDES COMMISSION' DDBU223 EXPIRES APR 27 2013 80N0ED THROUGH RU INSUIANCE CONII>N'f GC-CA-A-3 ITB 10-5593 Eustis Ave EXHIBIT A PUBLIC PERFORMANCE BOND West Eustis Avenue Stormwater Improvements Bond No. 08997926 Contract No. 10-5593 KNOW ALL MEN BY THESE PRESENTS: That I as Principal, and as Gulf Coast Underground, Inc. Fidelity and Deposit Company of Maryland Surety, located at 1400 American Lane, Schaumburg, IL 60196 (Business Address) are held and firmly bound to Board of County Commissioners of Collier County I as Obligee in the sum of Two Hundred Forty-Eiqht Thousand Three Hundred Seventy-One & 61/100 Dollars ($ 248.371.61 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 2010, with Obligee day of for West Eustis Avenue Stormwater Improvements in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications, GC-CA-A-4 ITS 10-5593 Eustis Ava This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2010, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. PRINCIPAL BY: NAME: ITS: STATE OF fIO\'I'dc,- COUNTY OF h [CoO"'- I t-tk. day of personallY known to "'\~~:'~~;"" DANIELLE C. CARNER l..-tiJ'1o\ Commission # DD 842925 ~* :~ My Commission Expires ;"'"" ;P$ 2 ",:~:"~:,:~~\,,, December 03. 201 1/ L l ( ature) Name: ~11~() /~ l/ C (Legibly Printed) Notary Public, State of: f1~ lt1 (l Commission No.: l tj) ~l\~11 Jet My Commission Expires: (AFFIX OFFICIAL SEAL) GC-CA-A-5 ITS 10-5593 Eustis Ave ATTEST: SURETY: Fidelity and Deposit Company of Maryland (Printed Name) 1400 American Lane Schaumburg, IL 60196 (Business Address) N/A (Authorized Signature) (Printed Name) Witnesses as to Surety ~hY ~oke OR ~~~ ( Uach Power of Attorney) John R. Neu, Attorney-in-Fact & Florida Licensed Agent' (Printed Name) 1126 Central Avenue, Suite 200 St. Petersburg, FL 33705 (Business Address) 727-209-1803 (Telephone Number) 8T ATE OF Florida COUNTY OF Pinellas The foregoing instrument was acknowledged before me this 6th day of January, 2011 , 2~ by John R. Neu , as Attorney-in-Fact of Fidelity and Deposit Company of Maryland, a Surety, on behalf of Surety. He/She is personallv known to me OR has produced N/A - Known as identification and who did (did not) take an oath. My Commission Expires: m~.A -+-,; ~,' 1">. ~ A (Signature').) , ~ ''{J ~':, Name: Margarita Lazarides (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: DD884223 ~ MARGARITA lAZAR IDES COMMISSION' 00884223 '= EXPIRES APR 27 2013 STm OF BONDED 1HllOUGH FlOMlo' RU 1NSUIWlCE CONI/IN't GC-CA-A-6 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by DAVID S, HEWETT, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, . are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date ~ by nominate, constitute and appoint Kevin WOJTOWICZ, Glenn ARVANITIS, John R. NE ~~~ U of St. Petersburg, Florida, EACH its true and lawful agent and Attomey-in-Fa~~~ ~, and on its behalf as surety, and as its act and deed: any and all bonds c:> ~a uch bonds or undertakings in pursuance of these presents, shall be as b' . om. M ply, to all intents and purposes, as if they had been duly ex.cuted and aC~~1 cr, oflh. Company at its office in BalJimore, Md., in their own properp~~~~\:::.JV- The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- <> any, and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of February, A.D. 2009. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~)J,~ By: Assistant Secretary David S. Hewett f. t )1). " 1;' A;! (L~' I' , C ~t,iWt Eric D. Barnes Vice President St~te ofM~land }ss: CIty of BaltImore On this 17th day of February, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissiened and qualified, came DAVID S. HEWETT, Vice President, and ERIC D. BARNES, Assistant Secretary ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,\ \,~~~~;~~,;.~ ~~;', //. (~(;::;::<;k~' l/, ;:; :';' ~:'~.I'~' \ '\' (\ /" Lo--rA..-evr..rL U /) !-._~j...A/Y'~-'7""--_ Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 031-00228 ITB 10-5593 Eustis Ave 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 ITS 10-5593 Eustis Ave 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 Time: Revised Contract Time: % % 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: $ 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 ~ <l:. ,!,!l iii ::J UJ (") (J) Lt') Lt') o .- CD t: C/) W :J ...J <( > LL o W ...J :J C W ::I: U C/) 'C Ql ::::I C :;:; C o ~ o I- gj ,:r: I~ - c,; E .. z ~ o QI e- "- ;.; QI .c E :J 0 Z l- t) 'tI .~ ~ ~ D.. 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"0 -s co Q) ~ .c I: o I/) Q) ';;~~ -,Q ~ ~ ro . en I: >. ltl ~.5:Q..c I ~o. 0. - Lii.9~ . ,I: 3: N I o <l: () o C) i I I Q) > <{ ,!!l Ui :J UJ (") Q) LO LO 6 ..- co t: o 1-= UJ~,f! C II) Cll C ili- Ol I '0 '0 .2 CI) ... - CI) oO,f!D.. II) II) C.c I- UJ II () a:l + <( ~'O ~~ ..!l;! 0 ili :::l () .- _ E > II) '- l!! C ~ D.. 'E o (.) CI) a::: II) ili .;: CI) - Cll :E '0 CI) ... o - en '0 '0 0 CI) .;: > CI) a:l 'Q) D.. ~ .~ a:::j!: ~'O II) CI) ~ > 0'- <( ._ CI) > (.) CI) CI) a: a::: CI) ... (.) CI) .- ,g o E > ~ Cz ('t') o .d: o o (9 ... CI) ~ Co ~ en C ::a 0 Q) ~ :::l ... C (.) :;:; II) c CI) 0 0 ~ 0 +-' :0 .r:: x UJ CI) - Cll 0 ITS 10-5593 Eustis Ave 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: Design Professional Date: Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Director (For use by Owner: Fund Cost Center: Numbe~ ) Date: Object Code: Project GC-CA-E-5 ITS 10-5593 Eustis Ave EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No, PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion> is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto, This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC-CA-F-1 ITS 10-5593 Eustis Ave The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSI BI L1TI ES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2010 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2010 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2010 OWNER By: Type Name and Title GC-CA-F-2 ITB 10-5593 Eustis Ave EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as Date: ,2010 and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days, Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days, Actual Final Completion Date: YES NO 1, All Punch List items completed on 2, Warranties and Guarantees assigned to Owner (attach to this form). 3, Effective date of General one year warranty from Contractor is: 4, 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form), 5, As-Built drawings obtained and dated: 6, Owner personnel trained on system and equipment operation, 7, Certificate of Occupancy No,: issued on (attach to this form), 8, Certificate of Substantial Completion issued on 9, Final Payment Application and Affidavits received from Contractor on: 10, Consent of Surety received on 11, Operating Department personnel notified Project is in operating phase, 12, All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14, Other: If any of the above is not applicable, indicate by N/A explanation, Acknowledgments: By Contractor: If NO is checked for any of the above, attach (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) By Owner: GC-CA-G-1 ITS 10-5593 Eustis Ave EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings, Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work, In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of GC-CA-H-1 ITB 10-5593 Eustis Ave roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2,2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons, Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC-CA-H-2 ITS 10-5593 Eustis Ave 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor, All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below, The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m" Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D, 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or GC-CA-H-3 ITS 10-5593 Eustis Ave equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S, and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment GC-CA-H-4 ITS 10-5593 Eustis Ave and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule, Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.10 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment 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, GC-CA-H-5 ITS 10-5593 Eustis Ave 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. 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 GC-CA-H-6 ITS 10-5593 Eustis Ave 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 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 GC-CA-H-7 ITS 10-5593 Eustis Ave 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 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 GC-CA-H-8 ITS 10-5593 Eustis Ave to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor, Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension, 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner, Contractor expressly acknowledges and agrees that it shall receive no damages for 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. GC-CA-H-9 ITS 10-5593 Eustis Ave 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a 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. GC-CA-H-10 ITB 10-5593 Eustis Ave 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 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 GC-CA-H-11 ITB 10-5593 Eustis Ave Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being 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 GC-CA-H-12 ITB 10-5593 Eustis Ave 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. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The E-Verify program, operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction. Exceptions to the program: · Commodity based procurement where no services are provided. · In exceptional cases, the Purchasing Department may waive the requirement. Vendors are required to enroll in the E-Verify program within thirty (30) calendar days of contract award, and use E-Verify within thirty (30) calendar days thereafter to verify employment eligibility of their employees assigned to the contract at the time of GC-CA-H-13 ITB 10-5593 Eustis Ave enrollment in E-Verify. Additionally, vendors shall require all subcontracted vendors to flow down the requirement to use E-Verify to subcontractors. If the vendor is already enrolled in E-Verify, they must use E-Verify within thirty (30) calendar days of contract award to verify employment eligibility of their employees assigned to the contract Following this initial period they must initiate verification of all new hires of the contractor and of all employees newly assigned to the contract within three (3) business days of their date of hire or date of assignment to the contract. Vendors shall be required to provide the Collier County Purchasing Department an executed affidavit vowing they shall comply with the E-Verify Program for each service/project. The affidavit is attached to the solicitation documents. If the bidder/proposer does not comply, they may be deemed non-responsive. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://www.dhs.qov/E-Verifv. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 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 GC-CA-H-14 ITB 10-5593 Eustis Ave to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 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 GC-CA-H-15 ITS 10-5593 Eustis Ave Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and 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 GC-CA-H-16 ITS 10-5593 Eustis Ave retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially compl~te, 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 GC-CA-H-17 ITS 10-5593 Eustis Ave the Contract Documents, to the extent and In such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work GC-CA-H-18 ITS 10-5593 Eustis Ave to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either corrects 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, GC-CA-H-19 ITS 10-5593 Eustis Ave Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, GC-CA-H-20 ITS 10-5593 Eustis Ave architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 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 GC-CA-H-21 ITS 10-5593 Eustis Ave anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground GC-CA-H-22 ITS 10-5593 Eustis Ave structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 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 ITS 10-5593 Eustis Ave 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 Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by GC-CA-H-24 ITS 10-5593 Eustis Ave reference. Copies are available through Risk Management and/or Purchasing Departments, and are available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the. amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. GC-CA-H-25 ITS 10-5593 Eustis Ave 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be 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 GC-CA-H-26 ITS 10-5593 Eustis Ave Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a .change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. GC-CA-H-27 ITS 10-5593 Eustis Ave 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1 .4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34. 1 . 15 34. 1 . 16 34.1.17 34.1.18 34. 1 . 19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations 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 GC-CA-H-28 ITS 10-5593 Eustis Ave 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. ABOVEGROUNrnUNDERGROUNDTANKS An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, GC-CA-H-29 ITS 10-5593 Eustis Ave 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. 40. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. 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. GC-CA-H-30 ITS 10-5593 Eustis Ave EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. GC-CA-I-1 ITS 10-5593 Eustis Ave EXHIBIT J TECHNICAL SPECIFICATIONS Provided in separate file. GC-CA-J-1 JUNE 21,2010 w. EUSTIS AVENUE DRAINAGE IMPROVEMENTS Technical Specifications For w. Eustis Avenue Drainage Improvements June 21,2010 Pitman-Hartenstein & Associates, Inc. PH&A No.: 20214.211 TECHNICAL SPECIFICATIONS JUNE 21,2010 w. EUSTIS AVENUE DRAINAGE IMPROVEMENTS General Technical Specifications Inclusion of FOOT Standard Specifications Division II Construction Details and Division III Materials, of the 2010 Edition (unless otherwise noted) of the Florida Department of Transportation ("FOOT") Standard Specifications for Road and Bridge Construction, as amended, shall apply to and form a part of this Contract as if fully written herein. Where a FOOT Section is cited that contains references to other Sections, they shall also be included as though written herein. Revisions, deletions, and/or additions to the FOOT Standard Specifications are contained in the Technical Specifications included in this Project Manual. Contractor Quality Control (QC 2000) specifications are not included in these specifications. Where a reference is made to "Department" or "Department's Representative" in the FOOT Standard Specifications and Technical Specifications, it shall mean "Owner" or "Owner's Representative", as applicable. Where FOOT Standard specifications refer to the "Engineer", "Engineer of Tests", or "Division of Tests", it shall be understood to mean the Engineer or the Owner as stated in the Contract Documents. Copies of the FOOT Specification Manual and Supplements can be obtained from: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Map and Publication Sales Mail Station 12 Room No. 27 605 Suwannee Street Tallahassee, Florida 32399-0450 Telephone (904) 488-9220 Method of measurement and basis of payment for material and work performed in conformance with the FOOT Standard Specifications and Technical Specifications shall be as indicated in the - BID SCHEDULE. The lump sum and/or unit cost bid shall be full compensation for labor, equipment, materials, and incidentals necessary to complete the Work in conformance with the Contract Documents. TECHNICAL SPECIFICATIONS 2 JUNE 21,2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS INDEX Section 1 Section 2 Section 101 Section 102 Section 104 Section 110 Section 120 Section 160 Section 285 Section 331 Section 400 Section 425 Section 430 Section 520 Section 522 Section 570 Section 700 Section 710 General Immokalee Water & Sewer District Relocation Mobilization Maintenance of Traffic Prevention, Control, and Abatement of Erosion and 'Water Pollution Clearing and Grubbing Excavation and Embankment Stabilizing Optional Base Course Type S Asphalt Concrete Concrete Structures Inlets, Manholes, and Junction Boxes Pipe Culverts and Storm Sewers Concrete Gutter, Curb Elements, and Traffic Separator Concrete Sidewalk Performance Turf Highway Signing Painting Traffic Stripes TECHNICAL SPECIFICATIONS 3 JUNE 21, 2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 1 GENERAL 1. Measurement of Incidental Items: Items of construction which are not listed in the Proposal Form but which are required to provide a complete work, ready for acceptance and use in accordance with these Construction Documents and the applicable governmental general construction standards will not be measured for payment nor will additional payment be made for their completion. Such items specifically include, but are not limited to, miscellaneous adjustments to existing utilities, pipes, conduits, structures etc. unearthed during the construction, clean-up and restoration items, and general construction practices required to connect and complete the work ready for acceptance and use. Work under this category will be classified as incidental to the construction and all costs associated for this work shall be merged with the applicable bid items shown on the Proposal. 2. Construction Outside of Authorized Limits: No measurement nor payment will be made for surfaces constructed over a greater area than authorized, nor for material moved, removed or damaged from outside of the street or highway right-of-way nor from areas outside of the lines shown on the plans except where such work is done upon prior written approval of Collier County. The Contractor shall make every effort to minimize the work zone and any inconveniences to the public. Implementation of trench boxes, trench supports, sheeting, temporary sheet piling, etc. shall be considered as incidental to the work being performed and no additional payment will be made. 3. Items Included in Payments: The Contractor shall accept the compensation provided in the contract as full payment for furnishing all materials and for performing all work contemplated and embraced under the contract; also for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its final acceptance; also for all other costs incurred under the General Conditions, Special Conditions or other Sections of these Contract Documents. For any item of work contained in the Proposal, except as might be specifically provided otherwise in the basis of payment clause of the item, the contract unit price (or lump sum price) for the pay item or items shall include all labor, equipment, materials tools and incidentals required for the complete item of work, including all requirements of the Section specifying such item or work, except as specifically excluded from payments. 4. Definition of Excavation Related Items: When excavation related items are included in the contract unit prices they shall include, but not be limited to, all excavation, including removal of existing limerock base or other road base materials that may be found; dewatering; soil density and proctor testing; sheeting and shoring; backfilling and compacting suitable excavated materials; removal and disposal of unsuitable backfill material to a depth of Yz foot below the pipe or structure; removal and disposal of all excess excavation; furnishing, hauling, placement, backfill, and compaction of barrow material to replace unsuitable material to a depth of Yz foot below the pipe or structure, EXCEPT the cost for handling, testing and disposal or decontamination of petroleum contaminated soils. 5. ExistinQ Utilities: Prior to excavating any section of the work, the Contractor shall call Sunshine State One Call at (800) 432-4770 and request field location of underground utilities: When proceeding with the work, the contractor shall exercise caution to protect all underground and overhead utilities and existing structures from damage. Service must be maintained to existing properties unless prior approval is received from the County or the affected owner. The GENERAL 1-1 JUNE 21,2010 W. EUSTIS AVENUE DRAINAGE IMPROEMENT Contractor shall repair, at his own expense and to the satisfaction of the owner, any surface or subsurface improvement damaged during the course of the work (unless such improvement is shown to be abandoned or removed). Should any utilities be encountered that are not shown on the drawing, the Contractor shall immediately notify the Engineer and shall take whatever caution necessary to protect the utility. 6. Rock Excavation: Material to be excavated hereunder in trenches shall include earth, rock or any other material encountered in excavating to the depth and extent indicated on the drawings and herein specified. Should rock, shale or masonry excavation be required which requires equipment, methods or materials significantly different than required for excavation of surrounding soil, the unit price of the rock excavation shall be negotiated with the OWNER prior to commencement of the work and a work directive by both the OWNER and Contractor shall be executed. Rock excavation shall be carried a minimum of 6" below the bottom of any pipe or structure. The excavation will be brought back to grade with crushed gravel. Rock excavation is herein described as that rock which must be removed by mechanical means other than through normal earth excavating, Le., removal by pavement breakers, rams, explosives (if previously approved), etc. Rock excavation done with normal earth moving equipment, backhoes, etc., will not be included in this section. END OF SECTION 1 GENERAL 1-2 JUNE 21,2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 2 IMMOKALEE WATER & SEWER DISTRICT RELOCATION DESCRIPTION All work specified in this Section shall conform to the Specifications of the Immokalee Water & Sewer District. The Contractor shall contact Immokalee Water & Sewer District to location their facilities prior to construction. The work in this section includes work necessary to field adjust Immokalee Water & Sewer District facilities due to conflicts with the proposed drainage system. All work associated with the relocation or adjustment of IW&S facilities shall be coordinated with Collier County and the Immokalee Water & Sewer District. The contractor shall locate existing water service piping prior to any excavation. The contractor shall make every effort to protect the existing water services during construction, including hand digging. The price and payment for the water main piping includes all labor and materials necessary to furnish and install required vertical offset piping as detailed in the plans, including location of existing system, joint restraint (restraining fittings), couplings, connection to existing water service pipe, excavation related items, flushing, chlorination, leakage testing, etc. The price and payment for water services shall include all labor and materials necessary to construct a new service connection to the existing water main including tapping saddle, corporation stop, fittings, excavation related items, curb stop, water service tubing, etc. Conflict structures, where required, shall be 6 ft. in diameter and shall provide for the existing sanitary sewer pipe to pass thru the structure within a split steel casing. The payment for conflict structures shall include all labor and materials necessary to furnish and install the structure including location of the existing sanitary pipe, steel casing, welding, etc. Conflict structures shall provide a minimum of one foot clearance below the bottom of the steel casing. METHOD OF MEASUREMENT Measurement of Water Main will be by Linear Foot. Measurement of Adaptors will be by each. Measurement of Fittings will be by ton. Measurement of Water Service will be by each. Measurement of Conflict Structures will be each. Pay Items will be made under: BASIS OF PAYMENT Item No. 2-A Item No. 2-S Item No. 2-C Item No. 2-D Item No. 2-E Item No. 2-F Item No. 2-G Item No. 2-H Item No.2-I Item No. 2-J Item No. 2-K Item No. 2-L 2" PVC Water Main - linear foot 6" PVC Water Main - linear foot 8" PVC Water Main - linear foot 8" AC/PVC Adaptor - each Water Fittings (Ductile Iron - Compact) - Ton Water Service (complete) - each Conflict Structure (6' dia. wi steel casing) - each 2" Service Saddle & Corp. Stop - each 2" Gate Valve - each 4" Gate Valve - each 6" Gate Valve - each Fire Hydrant - Relocate - each END OF SECTION 2 WATER SERVICES 2-1 JUNE 21,2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 101 MOBILIZATION DESCRIPTION The work specified in this Section shall conform to the FOOT Specifications referenced below. FOOT Sections 101-1 thru 101-2. The price and payment for Mobilization includes the preparation of the project Stormwater Pollution Prevention Plan and the filing of a Notice of Intent (NOI) and Notice of Termination (NOT). The price and payment for Mobilization includes preparing and filing a Collier County Right-of-Way permit. The price and payment for Mobilization includes the costs associated with procuring a Dewatering permit from the South Florida Water Management District. METHOD OF MEASUREMENT Measurement of Section 101 shall be Lump Sum. BASIS OF PAYMENT Payment will be made under: Item No. 101-1 Mobilization - lump sum END OF SECTION 101 MOBILIZATION 101-1 JUNE 21,2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 102 MAINTENANCE OF TRAFFIC DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications referenced below. FDOT Sections 102-1 thru 102-8. The contractor shall prepare a maintenance of traffic plan which conforms to the 2003 Edition of the MUTeD, FDOT 2010 Roadway and Traffic Design Standards (600 Series), and the FDOT Standard Specifications for Roadway and Bridge Construction (2010). The price and payment for maintenance of traffic shall include all costs associated with the preparation of the contractor's MOT plan. METHOD OF MEASUREMENT Measurement of Section 102 shall be Lump Sum. BASIS OF PAYMENT Payment will be made under: Item No. 102-1 Maintenance of Traffic - lump sum END OF SECTION 102 MAINTENANCE OF TRAFFIC 102-1 JUNE 21,2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 104 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION DESCRIPTION The work specified in this Section shall conform to the FOOT Specifications as referenced below. FOOT Sections 104-1 through 104-10 METHOD OF MEASUREMENT FOOT Section 104-9. BASIS OF PAYMENT Pay Items will be made under: Item No. 104-10-3 Sediment Barrier - per foot END OF SECTION 104 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION 104-1 JUNE 21, 2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 110 CLEARING AND GRUBBING DESCRIPTION The work specified in this Section shall conform to the Specifications as referenced below from the FDOT. FDOT Sections 110-1 through 110-12. All areas of excavation, embankment and structures shown on the plans shall be cleared and grubbed under this item. All debris and waste material from the clearing and grubbing operation shall be the responsibility of the contractor. METHOD OF MEASUREMENT Measurement of Clearing and Grubbing will be Lump Sum. Measurement of Removal of Existing Pavement (Concrete) will be by Square Yard. Measurement of Relocate Existing Mailbox will be Each. BASIS OF PAYMENT Pay Items will be made under: Item No. 110-1-1 Item No. 110-4 Item No. 110-7 Clearing and Grubbing - lump sum Removal of Existing Pavement (Concrete) - square yard Relocate Mailbox - Each END OF SECTION 110 CLEARING AND GRUBBING 110-1 JUNE 21, 2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 120 EXCAVATION AND EMBANKMENT DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 120-1 through 120-13. Suitable material used for embankment shall be Type SP, SP-SM, or SM (as defined by Unified Soil Classifications), clean and free of deleterious matter; have a maximum organic content of 5 percent; have a maximum of 15 percent fines passing the No. 200 sieve; and shall be non-plastic. METHOD OF MEASUREMENT Measurement of Excavation and Embankment will be cubic yard. BASIS OF PAYMENT Pay Items will be made under: Item No. 120-1 Item No. 120-6 Regular Excavation - cubic yard Embankment - cubic yard END OF SECTION 120 EXCAVATION AND EMBANKMENT 120-1 JUNE 21, 2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 160 STABILIZING DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 160-1 through 160-10 METHOD OF MEASUREMENT Type B Stabilization will be measured in square yards. BASIS OF PAYMENT Pay Items will be made under: Item No. 160-4 Type B Stabilization - per square yard END OF SECTION 160 STABILIZING 160 - 1 JUNE 21, 2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 285 OPTIONAL BASE COURSE DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications referenced below. FDOT Section 285-1 through 285-9 The Optional Base Courses permitted are: Optional Base Group 6 8" Limerock METHOD OF MEASUREMENT Measurement of Optional Base Course will be square yards. BASIS OF PAYMENT Payment will be made under: Item No. 285-706 Optional Base Group 6 - per square yard END OF SECTION 285 OPTIONAL BASE COURSE 285 - 1 JUNE 21,2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 331 TYPE S ASPHALT CONCRETE DESCRIPTION The work specified in this Section shall conform to the 2000 FDOT Specifications as referenced below. FDOT Section 331-1 through 331-7 METHOD OF MEASUREMENT Measurement of Type S Asphalt Concrete will be by Square yard BASIS OF PAYMENT Payment will be made under: Item No. 331-2 Type S Asphaltic Concrete - per square yard. END OF SECTION 331 TYPE S ASPHALT CONCRETE 331- 1 JUNE 21, 2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 400 CONCRETE STRUCTURES DESCRIPTION The work specified in this Section shall conform to the FOOT Specifications as referenced below. FOOT Section 400-1 through 400-23 METHOD OF MEASUREMENT Measurement of Concrete, Class I will be by cubic yard BASIS OF PAYMENT Payment will be made under: Item No. 400-1-15 Concrete, Class I, Miscellaneous - per cubic yard END OF SECTION 400 CONCRETE STRUCTURES 400- 1 JUNE 21, 2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 425 INLETS, MANHOLES, AND JUNCTION BOXES DESCRIPTION The work specified in this Section shall conform to the FOOT Specifications as referenced below. FOOT Section 425-1 through 425-8 METHOD OF MEASUREMENT Measurement will be by each. BASIS OF PAYMENT Payment will be made under: Item No. 425-1-521 Item No. 425-1-541 Item No. 425-11 OBI, Type C Grate (<10' with l' sump) OBI, Type 0 Grate (<10' with l' sump) Drainage Structure - Modify Existing END OF SECTION 425 INLETS, MANHOLES, AND JUNCTION BOXES 425- 1 JUNE 21, 2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 430 PIPE CULVERTS AND STORM SEWERS DESCRIPTION The work specified in this Section shall conform to the FOOT Specifications as referenced below. FOOT Section 430-1 through 430-13 Corrugated Plastic Pipet High Density Polyethylene pipe (HOPE) will be used to construct the storm sewer as specified in the construction plans, unless otherwise noted. Mitered End Sections shall be RCP. Post construction video of installed storm sewer is not required. METHOD OF MEASUREMENT Measurement of pipe will be by the linear foot (in-place). BASIS OF PAYMENT Payment will be made under: Item No. 430-174-101 Item No. 430-174-102 Item No. 430-175-101 Item No. 430-984-125 Item No. 430-984-129 Pipe Culvert, Storm & Cross Drain, up to 24" HOPE - per foot Pipe Culvert, Storm & Cross Drain, 25 to 36" HOPE - per foot Pipe Culvert, Side Drain, up to 24" HOPE - per foot 18" M.E.S. - per each 24" M.E.S. - per each END OF SECTION 430 PIPE CULVERTS AND STORM SEWERS 430 - 1 JUNE 21, 2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 520 CONCRETE GUTTER, CURB ELEMENTS, AND TRAFFIC SEPARATOR DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FOOT Section 520-1 through 520-12 Portland cement will be used to construct the Curb and Gutter as specified in the construction plans, unless otherwise noted. METHOD OF MEASUREMENT Measurement of Curb and Gutter will be by the linear foot. (plan quantity) BASIS OF PAYMENT Pay Items will be made under: Item No. 520-1-10 Concrete Curb and Gutter (Type F) END OF SECTION 520 CONCRETE GUTTER, CURB ELEMENTS, AND TRAFFIC SEPARATOR 520-1 JUNE 21,2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 522 CONCRETE SIDEWALK DESCRIPTION The work specified in this Section shall conform to the FOOT Specifications as referenced below. FOOT Section 522-1 through 522-10 Concrete Driveway aprons are included under this section. Concrete Sidewalk and Concrete Driveways shall be 6" thick. The square yard payment for concrete sidewalk includes the cost of required Armor-Tile detectable warning surfaces specified in the construction plans. METHOD OF MEASUREMENT Measurement of Concrete Sidewalk will be by the Square Yard. BASIS OF PAYMENT Pay Items will be made under: Item No. 522-2 Concrete Sidewalk! Driveway (6" Thick) END OF SECTION 520 CONCRETE SIDEWALK 522-1 JUNE 21,2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 570 PERFORMANCE TURF DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 570-1 through 570-9 The price and payment for Performance Turf shall include mowing as needed. The price and payment for Performance Turf shall include watering. Sod shall be watered at a rate of 1" per week for the duration of the construction. METHOD OF MEASUREMENT Measurement of Performance Turf will be in square yards. BASIS OF PAYMENT Pay Items will be made under: Item No. 570-1-2 Performance Turf - per square yard END OF SECTION 575 SODDING 575-1 JUNE 21, 2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 700 HIGHWAY SIGNING DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 700-1 through 700-10. All existing signs in the right-of-way shall be maintained during construction. Signs which are removed when necessary for construction of the storm drainage system, shall be re-installed in the same location as existing, or as directed by the County. Existing signs damaged by the contractor during construction shall be replaced with new signs at no additional cost to the County. METHOD OF MEASUREMENT Measurement will be per the plan quantity for existing signs per each item. BASIS OF PAYMENT Payment will be made under: Item No. 700-46-21 Relocate Existing Street Sign - each END OF SECTION 700 HIGHWAY SIGNING 700-1 JUNE 21, 2010 W. EUSTIS AVENUE DRAINAGE IMPROVEMENTS SECTION 710 PAINTING TRAFFIC STRIPES DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 710-1 through 710-10 All existing traffic striping shall be replaced as existing. Existing striping is not shown in the construction plans. The contractor shall coordinate traffic striping with the County prior to applying. METHOD OF MEASUREMENT Measurement for Pavement Striping will be by Lump Sum. BASIS OF PAYMENT Payment for Traffic Striping will be made under: Item No. 710 Traffic Striping - lump sum END OF SECTION 710 PAINTING TRAFFIC STRIPES 710-1 ITB 10-5593 Eustis Ave EXHIBIT K PERMITS Provided in separate file. GC-CA-K-1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 11.02252-P DATE ISSUED:April6, 2007 Form 110941 08/95 PERMITTEE: COLLIER COUNTY STORMWATER MANAGEMENT DEPARTMENT TRANSPORTATION SERVICES DIVISION 2685 HORSESHOE DR S STE212 NAPLES, FL 34104 PROJECT DESCRIPTION: This application is a request for a modification of an Environmental Resource Permit to authorize Construction and Operation of a OAS-acre storm water management improvement project within the Immokalee urban area known as West Euslis Avenue Stormwater Improvements, with discharge to the existing Immokalee stormwater management system. PROJECT LOCATION: PERMIT DURATION: COLLIER COUNTY, SEC 9 TWP 47S RGE 29E See Special Condition No; 1. See attached Rule 40E-4.321, Florida Administrative Code. This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 0IOZ05.B, dated February 5, 2DOl This action is taken pursuant to Rule 40[-1.603 and Chapter ,10[-40, Florida Administralive Code (FAC.). [J(lsed on the information provided, District rules have been adhered to and an Environmenlal Resource General Permit is In effect for this project subject to: Not rfJCeivlng a filed requ€'il lor a Chapter 120, Florida Statutes, adrninistrative 1'learinG 2, the allached 19 General Conditions (See Pag'l$ 2.. 4 of 5), 3. the atladwd '13 Special Conditions (See Pages. 5 5 of 5) and 4.. the attached 3 Exhibil(s) Should you object to these conditions, please refer to the attached "Notice of Right:;;" which addresse" the procedures 10 be followed if you desire a publiC hearino or other review 01 the proposed agency action. Please conlact this office it you have any questions concerninn Ihis mailer. If we do not hear from you in accordance with the "Notice 01 Rit4hls." we will assume tllal YOll (;OI1l:ur with the Dislrit't's acllon. CERTIFJCATE OF SERVICE I HEREBY.':CE;f1..TIFY that a "I\jotice of Rights" has been mailed to the Permittee (and the persons listed in the ~Ua..s~.'Pistr!911tion }ist) n11.. t er than 5:00 ~.m. on this 6th day of April, 2007, in accordance with Section (A 2tl.6~f~?~t Stft~tes.<< r": . fJ . < \BY: /' I~(,I\OA '-., "to- ' ) u<41.. , , \ \J --.,/ CYarence S. Tears, Jr.' C, " " Service Center Director Collier County Service Center Certified mail number 7005 11600001 6'7049937 Page 1 of 5 GENERAL CONDITIONS t\ll activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. This permit or a copy thereof, complete with aU conditions, attachments, exhibits, and modifications shall be kept atlhe work site of ltle permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permillee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. Activities approved by this permit shaJl be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards, Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shaH remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmenlal Regulation, 1988), incorporated by reference in Rule 40E-4.091, FAC. unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling thal causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the dale that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6, Within 30 days after completion of construction of the permitted aClivity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction Completion/Certification Form Number 0881A, or Environmental Resource/Surface Water Management Permit Conslruction Completion Certification - For Projects Permitted prior to October 3. 1995 Form No. 08818, incorporated by reference in Rule 40E-1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submiltal shall serve to notify the District that the system is ready for inspection. Additionally, if devialion from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as-buill" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submilled a request for conversion of Environmental ResourCE Permit from Construction Phase to Operation Phase, Form No. 0920; the District detemlines the system It be in compliance with the permitted plans and specifications; and the entity approved by the District i accordance with Secllons 9.0 and 10.0 of the Basis of Review for Environmental Resource Perrr ApplicaUon No.: 070205.8 Page 3 015 GENERAL CONDITIONS Applications within the South Florida Water Management Di&trict, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following Inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E-1.6107, FAC., the permittee shall be liable for compHance with the terms of the permit. 8 Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating enlily must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminale the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, FAC.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to whiCh is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(3), FAC., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit Applicatiol1 No.: 070205-8 Page 4 of 5 GENERAL CONDITIONS application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are SUbject to the requirements of Rules 40E-1.6105 and 40E-1.61 07, F.A C.. The permittee transferring the penn it shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and lest the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site. the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted infomlation that is later discovered to be inaccurate. Application No,; 070205.8 Page 5 of 5 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on April 5, 2012. 2, Operation of the surface water management system shall be the responsibility of COLLIER COUNTY STORMWATER MANAGEMENT DEPARTMENT. 3, The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 4. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. 5. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 6. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 7. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all pem1itted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. a The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 9 This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 10. The authorization for construction of the surface water management system is Issued pursuant to the water quality net improvement provisions referenced in Rule Section 40E-4.303(1), Florida Administrative Code; therefore, the state water quality certification is waived. 11. All special conditions and exhibits previously stipulated by permit number 11-02252-P remain in effect unless otherwise revised and shall apply to this modification. 12 The Permittee shall utilize the criteria contained in the Erosion Control Plan (Exhibit No. 2.05) and on the applicable approved construction drawings for the duration of the projects construction activities. 13, The Permittee shall utilize the criteria contained in the Urban Stormwater Management Program (Exhibit No, 3.0) for post construction. NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla, Stat., following is notice of the opportunities which may be available for administrative hearing and/or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Right to Request Administrative Hearing A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120569, 120.57, and 120.60(3), Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shaH file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision in accordance with Rule 28-106.111, Fla Admin. Code. Any person who receives written noke of a District decision and fails to file a written request for hearing within 21 days waives the right to request a headng on that decision as provided by Subsection 28-106.111 (4), Fla. Admlll. Code. The Petition must be filed at the Office of the District Clerk of the SFWMD, 3301 Gun Club Road, PO Box 24680, West Palm Beach, Florida, 33416, and must comply with the requirements of Rule 28-106104, Fla. Admin. Code. Filings with the District Clerk may be made by mail. hand-delivery or facsimile. Filings by a-mail will not be accepted. A petition for administrative hearing is deemed filed upon receipt during normal bUSiness hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida Pursuant to Rule 28- 106'104, Fla. Admin. Code, any document received by the office of the District Clerk after 5:00 pm. shall be filed as of 8:00 a.m. on the next regular business day. " Filings made by mail must include the original and one copy and must be addressed to the Office of the District Clerk, PoO Box 24680, West Palm Beach, Florida 33416. @ Filings by hand-delivery must also include the original and one copy of the petition Delivery of ZJ petition to the District's security desk does not constutute filing. To ensure proper filing, it will be necessary to request the District's security officer to corntact the Clerk's office. An employee of the District's Clerk's office will file the petition and return the extra copy reflecting the date and time of filing. '" Filings by facsimile must be transmitted to the District Clerk's Office at (561) 682-6010 Pursuant to Subsections 28-0106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing dale for a document filed by facsimile shall be the date the District Clerk receives the complete docurnent Rov 9/12/06 01 The following provisions may be applicable to SFWMD actions in combination with the applicable Uniform Rules of Procedure (Subsections 40E-0.1 09(1 )(a) and 40E-1.5'11 (1 )(a), Fla Admin. Code) Cl)(a) "Receipt of written notice of agency decision" as set forth in Rule 28-106'1"11, Fla. Admin. Code, means receipt of either written notice through mail or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. (b) If notice is published pursuant to Chapter 40E-1, FAC., publication shall constitute constructive notice to all persons. Until notice is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless actual notice is received. (2) If the District's Governing Board takes action which substantially differs from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106. '111, Fla. Admin Code, unless otherwise provided by law, The District Governing Board's action is considered to substantially differ from the notice of intended agency decision when the potential impact on water resources has changed. (3) Notwithstanding the timeline in Rule 28-106.111, Fla, Admin. Code, intended agency decisions or agency decisions regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Subrnerged lands pursuant to Section 373.427, Fla. Stat., shall provide a 14 day pOint of entry to file petitions for administrative hearing. Hearings involving Disputed Issues of Materi<1l~ Fact The procedure for hearings involving disputed issues of material fact is set forth in Subsection 120.57(1), Fla. StaL and Rules 28-106.201-.217, Fla. Admin. Code. Petitions involving disputed issues of material fact shall be filed in accordance with Rule 28-106.104, Fla Admin. Code, and must comply with the requirements set forth in Rule 28-106.201, Fla. Admin. Code. Hearings Not Involving Disputed issues of Material Fact The procedure for hearings not involving disputed issues of material fact is set forth in Subsection 120.57(2), Fla Stat, and Rules 28-106,301-.307, Fla. Admin. Code. Petitions not involving disputed issues of material fact shall be filed in accordance with Rule 28-'106__104, Fla. Admin. Code, and must comply with the requirements set forth in Rule 28-106301, Fla. Admin. Code. Medoation As an alternative remedy under Sections 120569 and 120.57, Fla Stat., any person whose substantial interests are or may be affected by the SFWMD's action may choose to pursue mediation. The procedures for pursuing mediation are set forth in Section 120,573, Fla Stat, and Rules 28-106111 and 28-'106.401-405, Fla. Admin Code ChOOSing mediation will not adversely affect the rights to a hearing If mediation does not result in a settlement. DISTRICT COURT OF APPEAL Pursuant to Sections 120.60(3) and 12068, Fla. Stat, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a palty resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev. 9i'12i06 2 Florida Department of Environmental Protection Charlie Crist Governor Jeff Kottkamp Lt. Governor South District P.O. Box 2549 Fort Myers, FL 33902-2549 Michael W. Sole Secretary PERMITTEE: I.D. No: 5110142 Permit/Cert. No.: 301608-001-DS Permit Date Issue: August 25,2010 Expiration Date: August 24, 2015 County: Comer SectionlTowhlRange: N/ A Latitude/Longitude: N/ A Project: West Eustis Avenue Drainage Improvements (Immokalee Water and Sewer District WTP's) Southwest Coast EMA Eva Deyo, Executive Director Immokalee Water and Sewer District 1020 Sanitation Road Immokalee, FL 34142 evadevo@iw-sd.com This permit is issued under the provisions of Chapter 403, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C.) Rules 62-4, and 62-555. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawing(s), plans, and other documents, attached hereto or on file with the Department and made a part hereof and specifically described as follows: Improvements to the existing water distribution system at three (3) locations to accommodate a storm drainage system as depicted on Pitman-Hartenstein and Associates, Inc., design drawings, sheet numbers 1 thru 3, and 8 thru 10 of 11, dated August 23, 2010. The design drawings were submitted in support of the construction application. The original application was received on June 24, 2010 and the revised application dated August 18, and was received on August 23, 2010. The project is located on W Eustis Avenue between Fifth Street and First Street (CR 846) in Immokalee, Collier County, Florida. Page 1 of 5 PERMITTEE: 1.0. No: 5110142 Permit/Cert. No: 30l608-00l-DS Permit Date Issue: August 25, 2010 Expiration Date: August 24, 2015 Eva Deyo, Executive Director Immokalee Water and Sewer District GENERAL CONDITIONS: 1. The terms, conditions, requirements, limitations, and restrictions set forth in this permit are "permit conditions" and are binding and enforceable pursuant to Sections 403.141, 403.727, or 403.859 through 403.861, F.S. The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions. 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department. 3. As provided in Subsections 403.087(6) and 403.722(5) F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in the permit. 4. This permit conveys no title to land or water, does not constitute State recognition or acknowledgment oftitle, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. 5. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by any order from the Department. 6. The permittee shall properly operate and maintain the facility and systems oftreatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, as required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules. 7. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credential or other documents as may be required by law, and at reasonable times, access to the premises where the permitted activity is located or conducted to: a. Have access to and copy any records that must be kept under the conditions of the permit; b. Inspect the facility, equipment, practices, or operations regulated or required under this permit; and c. Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules. Reasonable time may depend on the nature of the concern being investigated. Page 2 of5 PERMITTEE: 1.D. No: 5110142 Permit/Cert. No: 301608-001-DS Permit Date Issue: August 25, 2010 Expiration Date: August 24, 2015 Eva Deyo, Executive Director Immokalee Water and Sewer District GENERAL CONDITIONS: 8. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information: (a) A description of and cause of non-compliance; and (b) The period of non-compliance, including dates and times; or, if not corrected, the anticipated time the non-compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non-compliance. The permittee shall be responsible for any and all damages that may result and may be subject to enforcement action by the Department for penalties or revocation of this permit. 9. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source, which are submitted to the Department, may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Sections 403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules. 10. The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance, provided however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62-302.500, shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard. 11. This permit is transferable only upon Department approval in accordance with F.A.C. Rules 62-4.120 and 62-730.300, F .A.C. as applicable. The permittee shall be liable for any non-compliance of the permitted activity until the Department approves the transfer. 12. This permit or a copy thereof shall be kept at the work site of the permitted activity. 13. This permit also constitutes: (a) Determination of Best Available Control Technology (BACT) (b) Determination of Prevention of Significant Deterioration (PSD) (c) Certification of compliance with State Water Quality Standards (Section 401, PL 92-500) (d) Compliance with New Source Performance Standards 14. The permittee shall comply with the following: (a) Upon request, the permittee shall furnish all records and plans required under Department rules. During enforcement actions, the retention period for all records will be extended automatically, unless otherwise stipulated by the Department. Page 3 of5 PERMITTEE: 1.D. No: 5110142 Permit/Cert. No: 301608-001-DS Permit Date Issue: August 25, 2010 Expiration Date: August 24, 2015 Eva Deyo, Executive Director Immokalee Water and Sewer District GENERAL CONDITIONS: (b) The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation), required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report or application unless otherwise specified by Department rule. (c) Records of monitoring information shall include: 1. the date, exact place, and time of sampling or measurements; 2. the person responsible for performing the sampling or measurements; 3. the dates analyses were performed; 4. the person responsible for performing the analyses; 5. the analytical techniques or methods used; 6. the results of such analyses. 15. When requested by the Department, the permittee shall within a reasonable time furnish any information required by law that is needed to determine compliance with the permit. If the permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly. SPECIFIC CONDITIONS: 1. Drawings, plans, documents or specifications submitted by the Permittee, not attached hereto, but retained on file at the South Florida District Office, are made apart hereof. 2. The applicant shall retain the engineer of record or obtain the services of any professional engineer registered in the State of Florida for the inspection of the construction of this project. Upon completion the engineer shall inspect for conformity to construction permit applications and associated documents. 3. A Request for Letter of Release to Place Water Supply System Into Service, form 62-555.900(9), along with record drawings and bacteriological analysis results shall be submitted within 60 days after completion of construction of the project and Department approval obtained prior to placement in operation. 4. Pipe, fittings, valves, fire hydrants and other materials shall conform to the most recent standards issued by the American Water Works Association (A WW A). 5. Water supply facilities including mains shall be installed, cleaned, disinfected and bacteriologically cleared for service, in accordance with the latest applicable A WW A Standards and Department rules and regulations. Page 4 of5 PERMITTEE: I.D. No: 5110142 Permit/Cert. No: 301608-001-DS Permit Date Issue: August 25, 2010 Expiration Date: August 24,2015 Eva Deyo, Executive Director Immokalee Water and Sewer District SPECIFIC CONDITIONS: 6. When any existing asbestos cement (AC) pipes are replaced under this permit, the permittee shall do so in accordance with the applicable rules of Federal Asbestos Regulation and Florida DEP requirements. For specific requirements applicable to AC pipes, the permittee should contact the Air and Waste Management section managers prior to commencing any such activities at (239) 332- 6975. Please be aware that a notification is required to be submitted to the Deparbnent for a regulated project. 7. The permittee or suppliers of water shall telephone the State Warning Point (SWP), at 1- 800-320-0519 immediately (i.e., within two hours) after discovery of any actual or suspected sabotage or security breach, or any suspicious incident, involving a public water system in accordance with the F.A.C. Rule 62-555.350(10). 8. The permittee is reminded of the necessity to comply with the pertinent regulations of any other regulatory agency, as well as any county, municipal, and federal regulations applicable to the project. These regulations may include, but are not limited to, those ofthe Federal Emergency Management Agency in implementing flood control measures. This permit should not be construed to imply compliance with the rules and regulations of other regulatory agencies. Note: In the event of an emergency the permittee shall contact the Department by calling (800) 320-0519. During normal business hours, the permittee shall call (239) 332-6975. Issued this 25th day of August 2010. 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