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#10-5595 (Bonness, Inc.) ;)\~' (')\(', I' ITEM NO.: l \ - \ ,j - ,( ~ \, I FILE NO.: DATE RECEIVED: Pl rchasing Department 3327 Tamiami Trail East Na Jles, Florida 34112 T e,ephone: (239) 252-6~! I ,,~ lJ 2 8 P \,.! '). ",' 5 FIX: (239) 252-6592 ... ... m II L' t.. E 1ail: BrendaReaves<<v.collierqov.net ~ w'iw.collierqov.netlpurchasinq [) _(;:;;) .Iv? ~ ~~ n ,().V~ 1- at: ~ IV' J-1> IJ 0' t y) I d-7 (2;1 {}}I)7J 1>~ z..\ \ COUNTY A TTO~7:Y Adninistrative Services DiviSion Purcl1;:asif'19 ROUTED TO: DO NOT WRITE ABOVE THIS LINE Request for Legal Services Date: Scott ch puty County Attorney Brenda Reaves,tt'ontracUPurChaSing Technician - For Brenda Brilhart To: From: Subject: Solicitation # 10-5595 "Coronado Parkway & Hunter Blvd. Median, Curbing & Landscape Installation Contractor: Bonness, Inc. BACKGROUND OF REQUEST: This contract was approved by the Bee on January ii, 2011, Agenda Item 10.0/! 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 ~~ ~~~ G/Acqu isitions/AgentF ormsandLetters/RiskMgmtReviewoflnsurance4/15/201 0/16/09 I , CouHty Administmtive Services DiviSion Purcl1asing 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 # 10-5595 "Coronado Parkway & Hunter Blvd. Median, Curbing & Landscape Installation Date: January 27, 2011 Brenda Reaves pc!c,ntracUPurChaSing Technician- For Brenda Brilhart From: To: Ray Carter, Risk Manager This Contract was approved by the BCC on January 11, 2011, Agenda Item 10.C The County is in the process of executing this contract with Bonness, Inc. The insurance requirements are listed in Exhibit B Please review the Insurance Certificate(s) for the referenced Contract. . "the insurance is "ot 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 an questions, please contact me at the above referenced information. In 1;;'7j; Date (Please route to County Attorney via attached Request for Legal Services) DATE RECEIVED JAN 2 7 2011 RlSK _ G/Acqu isitions/AgentFormsandLetters/RiskMgmtReviewofl nsurance4/15/201 0/16/09 f , MausenGeorgina From: Sent: To: Cc: Subject: CarterRaymond Friday, January 28, 2011 11 :03 AM ReavesBrenda HerreraSandra; MausenGeorgina Contract 10-5595 "Coronado Parkway & Hunter Blvd., Median, Curbing & Landscape Installation" Alii have approved the Payment and Performance Bonds in addition to the certificate{s) of insurance provided by Bonness, Inc. for contract 10-5595. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray /lag- Cah.t.eh. 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# ~KLIST FOR RE~WING CONTRACTS Entity Name: (\ ~ S I =rc...- . . ) l ffC.o tLLL Entity name correct on contract? Entity registered with FL Sec. of State? l/~es V~~s No No Insurance ~ Insurance Certificate attached? es No Insured registered in Florida? es No Contract # &/or Project referenced on Certificate? r- ~ No Certificate Holder name correct (BCC)? ~ Y es No Commercial General Liability /""\ I \. General Aggregate Required $ Provided $ Q T"" ~ \ \ Exp. Date ~ \ Products/Compl/Op Required $ Provided $ It / I Exp. Date Personal & Advert Required $ . Provided $ \ ~ " \ \ Exp. Date ~ Each Occurrence Required $9m, \ \ Provided $ It II Exp. Date Fire/Prop Damage Required $ Provided $ '5oD \ L Exp. Date Automobile Liability \ I Bodily Inj & Prop Required $ \ '(Y\ " Provided $ ~ Q,n~ \ \ Exp Date 12 ( \ /1 1 Workers Compensation ~ Each accident Required $ \ yY'\~ \ , Provided $ \ m ~ \ \ Exp Date ~ Disease Aggregate Required $ / ~ Provided $ I' " Exp Date ~ I' Disease Each Empl Required $ _ _ ft . Provided $ ./ I , Exp Date _ Umbrella Liability r.. \. " Each Occurrence Provided $ ~;. \\ Exp Date ~\ Aggregate Provided $ , I I' Exp Date I I I I Does Umbrella sufficiently cover any underinsured portion? _Yes ~o Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: I , I 'I Provided $ Provided $ Exp. Date Exp. Date Required $ Provided $ bes ~Yes Exp Date_ County required to be named as additional insured? County named as additional insured? No No .... Indemnification Does indenmification meet County standards? Is County indenmifying other party? V<es Yes ~~ Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract?'1 b ~ ') g S.l (, Agent registered in Florida? 1 /Yes ~ ~s ~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, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? ~: ~:: 'Yes Yes LY ~es No No No No No No No Attachments Are all required attachments included? ~~e~InitialS: ~ ~,\ \ Date: 04-COA-0 I 030/2 www.sunbiz.org - Department of State Page 1 of3 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List IEntity Name Search ~ftJl No Events No Name History Detail by Entity Name Florida Profit Corporation BONNESS, INC. Filing Information Document Number F19249 FEI/EIN Number 592055219 Date Filed 02/04/1981 State FL Status ACTIVE Principal Address 1990 SEWARD AVE NAPLES FL 34109 US Changed 07/01/2002 Mailing Address 1990 SEWARD AVE POBOX 9140 NAPLES FL 34101 US Changed 04/22/1998 Registered Agent Name & Address BAILIE, KATHLEEN M 1990 SEWARD AVE NAPLES FL 34109 US Name Changed: 01/18/2006 Address Changed: 04/22/1998 Officer/Director Detail Name & Address Title ST BARATTA, JANE E 4951 BONITA BAY BLVD UNIT 504 BONITA SPRINGS FL 34134 Title D BONNESS, JOSEPH D III 6830 SANDALWOOD LN NAPLES FL 34109 Title D JANCO, JEFF D http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in<Ldoc_number=FI9249&inq...1/31/20 11 terCounty AdrrinislTative Serviaas Division Purch$$irlg Coronado Parkway and Hunter Blvd. Median, Curbing and Landscape Installation COLLIER COUNTY BID NO. 10-5595 COLLIER COUNTY, FLORIDA Design Professional: McGee & Associates PuId1asing~- 3301 Tamiaroi Trail East- Napfes, Florida 34112. www.coIliergov.neVpurchasing TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement For~ EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by McGee & Associates and identified as follows: Coronado Parkway and Hunter Blvd. Median, Curbing and Landscape Installation . as shown on Plan Sheets 1 through 106. EXHIBIT N: Contractor's List of Key Personnel eottr County Ad'rrinistrativ Servfces Division Purch$$iflg PUBLIC NOTICE INVITATION TO BID Coronado Parkway and Hunter Blvd. Median, Curbing and Landscape Installation COUNTY BID NO.1 0-5595 Separate sealed bids for the construction of Coronado Parkway and Hunter Blvd. Median, Curbing and Landscape Installation, 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 17th 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. It is the intent of the County to award to two firms: 1) curbing and median and 2) landscape installation. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 2:00 p.m. LOCAL TIME on the 27th 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, Coronado Parkway and Hunter Blvd. Median, Curbing and Landscape Installation, Bid No. 10-5595 and Bid Date of November 17, 2010. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through 13) 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 cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. GC-PN-1 The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder(s) shall be required to finally complete all Work within one hundred and sixty (160) calendar days for Phase I, Median and Curbing and Phase II Landscape Installation within one hundred and forty (140) 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 18th day of October, 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell. C.P.M. Purchasing and General Services Director GC-PN-2 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-15 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC-IB-1 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to 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. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the GC-IB-2 president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 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. GC-I B-3 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of -theSuccessful 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. GC-18-4 Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for ttie 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 Statementuof Award: The Award of Contract shall be issued to the lowest~ responsive and qualified Bidder(s) 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. It is the intent of the County to award to two firms: 1) curbing and median and 2) landscape installation. 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 GC-IB-5 their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (Le. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive u bidder. Iftnelowest localbidderdoes not meetthe requirement of Section 287.087 F.S. and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 12.3 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.4 Certificate of 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 GC-18-6 with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F .S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the . responsibility .to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work: Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. GC-IB-7 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified-period oftime;- including but not limited to: submitting bids, RFP, and/or quotes; -and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287. 133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." - GC-18-8 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Coronado Parkway and Hunter Blvd. Median, Curbing and Landscape Installation BID NO. 10-5595 Full Name of Bidder Bonness Inc. Main Business Address 1990 Seward Avenue Place of Business Naoles. FL 34109 Telephone No. (239)597-6221 Fax NO.(239)597-7416 State Contractor's License #CBC059904 State of Florida Certificate of Authority Document Number F19249 Federal Tax Identification Number _59-2055219 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your bid pages. GC-P-1 BID SCHEDULE Coronado Parkway and Hunter Blvd. Median, Curbing and Landscape Installation Bid No. 10-5595 Bid Schedule Provided in Separate File Because of the two phases, this may be awarded to two vendors: 1. Phase I: Median & Curbing Installation 2. Phase II: Landscape Installation GC-P-2 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: _Cf.-Inc. Signature: 4~ Date: 11/17/2010 Section 8 (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature: Date: GC-P-3 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to removelreplace 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,th.e. .Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1. Major Category of Work Directional Bore Subcontractor and Address Itran Partners 1895 Seward Ave, Naples, 34109 Custom Brick Systems 681 15th St SW, Naples, 34117 Itran Partners 1895 Seward Ave, Naples, 34109 2. Pavers 3. Electrical 4. 5. GC-P-4 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. City Gate - Collier County Ron Rice, Owner (239)598-5270 2. Regal Acres- Collier County Nick Kouloheras, Habitat for Humanity (239)775-0477 3. Bonita Beach Rd-Lee County Eyra Cash, P.E. (239)533-8562 4. West Retta Esplanade- Steve Padgett - Project Manager City of Punta Gorda (941)575-3308 5. Naples Center - Collier County Stan Flack - The Sembler Co (727)384-6000 6. Sunshine Blvd/Lee Blvd Eyra Cash, P .E. Lee County (239)533-8562 Dated 11/17/2010 Bonness Inc. Bidder BY: q. ^A4 GC-P-5 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description ) Units of Measure (LF.SY) Unit (Quantity) Unit Cost Extended Cost N/A 1. 2. 3. 4. 5.. TOTAL $ N/A Failure to complete the above may result in the Bid being declared non-responsive. Dated 11/17/2010 Bonness Inc. Bidder BY: ~ 6,. Jr(. GC-P-6 Affidavit for Claiming Status as a Local Business Bid #: 10-5595 - Coronado Parkway and Hunter Blvd. Median, Curbing and Landscape Installation (CHECK ApPROPRIATE BOXES BELOW) State of Florida (Select County if Vendor is described as a Local Business ~ Collier County o Lee 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 Nlocal businessD 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 proposar 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-befng 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 orLee County. Vendorsshaflaffirm in writing their compli~:mcewith the foregoing at the time of subinittfngtheir 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 ~Collier County or 0 Lee County: 29 Number of Employees (Including OWner(s) or Corporate Officers):119 Number of Employees Living in 181 Collier County or 0 Lee (Including Owner(s) or Corporate Officers}:62 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Bonness Inc. Date: _11/17/2010 Collier or Lee County Address: _1990 Seward Avenue, Naples, FL 34109 Signature: 9 Ad..L.~ Title: Corporate SecretarylTreasurer STATE OF FLORIDA !81 COLLIER COUNTY o LEE COUNTY Sworn to and Subscri d Before Me, a Notary Public, for the above State and County. on this _17th_ Day of November, 2010_. ~<l"\~~Y'~~o\-", JEANNECAANES "".. . ;. MY COMMISSION .DD904824 .. "" EXPIRES: August 4,2013 >:'~an\.tJi>() BondedThro Budge! NUy StrYIces Notary Public My Commission Expires: A~ Lit :20 J? (AFFIX OFFICIAL SEAL) GC-P-7 cJt~-~~..~ ~,. ~..,."..n.n..; .. -" . , . Ad~~dii~ 5eMces tiMsIon Pun:l'JaIl1g Immigration Affidavit Certification Bid # :10-5595 Title: Coronado Parkway/Hunter Blvd. Median, Curbing & Landscape Installation This Affidavit is required and should be sfgned, notarized by an authorized prlnclpal of the firm and submitted 'With formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Failure to include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's proposal being deemed non-responsive. . CoUier County will not Intentionally award County conlracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA-). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) ofthe INA Such Violation by the recipient of the Employment Provisions contained in Section 274A(e}ofthe INA shall be grounds for unilateral termination of the contract by Collfer County. Vendor attests that they are fully OQrnpliant with aU applicable immigration laws (specifICally to the 1966 Immigration Act and subsequent Amendme.n~s)) and agrees to abide by Collier C;o!JntyEl1lploymenlEligibility Verification System requiremeilts regarding this solicitation. Company Name Bonness Inc. Print Name Jane Baratta 9. ~ .r;L Title Corporate Secretaryrrreasurer Date 11/1712010 Signature STATE OF _FL<?RIDA_ COUNTY OF COLLIER . The foregoing instrument was signed and acknowledged before me this .J7th_day of November, 2010, by Jll#tt~ ~ . (Print or Type Name) -iet'Sa~ K/'J(JUfV\J ype of Idei'itifr: .... .nd Number) who has produced No PObliC Signature 1e~ C4rn~ Printed Name of Notary Public . as identifICation. +,,'\~Y.~ EAtlECARNES .. . tltCOMYllSlOUIDDI04DI '" 1f '" 1J'..<l" EXPIRES: Augult 4, 2013 >;o..,~....~.- ....1JInrI\lllltJlIIIIJ...... ~() J5 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, toreq.uest . supporting documentation as evidence of the vendor's compJiance with this sworn affidavit. GC~P-8 01 ~ .S . .50 (,J E!! 00 ~f.,.": t: - o Q) -. ~ t: ~Et) 1",,' 0 ctl t:: ~ Q) .+:; .t: 0..0 ClJ rd .~ ....~ u ""C C Q) ....... 00 :l Q) , :::J 01 t: "'0 l... .",.. ctl (\I UJ u .J::la ClJ ~ r t C\j 0'1 C ()~ U <J) C 0 (I) Q) c.. j r ~ :l .~ (ij t: r-... C CI) s;.... ~ .+:; u Q 0 t: :J ..... 0 t..i C\j 0 ""C .......'; ~ U I.J.J ~ ~ $j ~ C ~ en ~~ 0 c Vl == ~ 0 OJ .- Vl -C~ u .-0 :J (tj '- c- L.t.I. ~ r.n 0 .- U .. ... . .7- LL. en t:Q) 0 ~ .-c .::t:. a > ~i:j VI 0 .0 t: ~ I'd U..o O"l 0 ..... UJ '. -0) ~ f- '+-(tj == z G o Q) 0 ~ N t: ~ Q ~ t: Vl..s::: l......... - . .... J: ~ 0 :J,+- 00 ......<1) .+:; o a .-- c: ,.: rcl ..s::: '" Z ......c ..s::: Q ~ t..i ~ r.n ~ u U.j; OJ ua I... .J:: ro'+:; ro a ~ ~ C~ ~ ~;; ~ · ....-4 >- . ,...... ..0 ~ 00. ......'" ~ 0 U E .... .... .J:: CI) :::: r:n ..... lOa '- \j '- ~ 00 .E I... U U CJ) o I... QJ ~ ..... Q Vl~ ~ ~ ~ oE QJ ..... ~ ti ~ III ::> t: III UJ QJ U ~ ~ r en t: - 1.0 =.9 ~ QJ ..... en C]) "'0 0 '3 (,) CI) f:1 :l ""C .... ~ I"" ~ 0-4 l.J Q) .1- Q == OJ ""C o::~ .::: I... ..c: ro ~ to) t ~ ~ ~ ~~ 'cd 0 ca ~ (,J ..... tJj C 0'1 Vl rn t: .- l:I:: U "'0 '- · r-4 0 ~ u ~ u <( · r-4 ~ ~ U CheckView Co. File # Clock Number OSK 00480067 Worked In Dept: Home Dept: 000004 Bonness, Inc Earnings Regular Code 13 - Auto Allowance AAD - Holiday Field # 3 3 . --. Gross Pay Deductions Federal Income Tax Social Security Medicare Net Pay Earnings Statement Period End: 11/27/2010 Pay Date: 12/03/2010 David W Crosby Court Naples, FL 34104 Hours 24.00 16.00 Page 1 of 1 Amount . - _...-..-___._._...._____.___________._r_____..___________._________ statutory Other 13 - Auto Allowance CK1 - Checking 126 - Health Insuranc Amount 228.70 Amount r......_.___.______.~______........_.,.....~__._________..__.................._..___._._____._...._..._______,.........'.___..._..___~._.._.___.........,...,,,......._........,,. .._,....................- Memos Code Y - Max Elig/comp Amount Upon notification that its Bid has been awarded, the Successful Bidder will execu'te the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Projeqt 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 specific consecutive calendar days (see table below), 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 after Substantial Completion, computed by excluding commencement date and including the last day of such period. Description Substantial Days Final Completion Days Phase I: Curbing and Median Phase II: Landscape Installation 140 120 160 140 Jane Baratta , 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-9 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida, which operates under the legal name of _Bonness Inc. I and the full names of its officers are as follows: President Kathleen M. Bailie Secretary Jane Baratta Treasurer Jane Baratta Manager The Corporate SecretarylTreasurer is authorized to sign construction bids and contracts for the company by action of its Board . of Directors taken I a certified copy of whioh is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is operating under a trade name, said trade name is I and if DATED 11/17/2010 Bonness Inc. legal entity BY: Jane Baratta Name of Bidder (Typed) ~tu~~ Corporate SecretarvlTreasurer Title GC-P-10 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 17th day of November. 2010, by .:::rfM\.~ ~~ , as C~ ~t,..tM./rH!1J.3 of ~j)1JGss ::nva. , a FL. fI corporati;-~q,n behalf of the corporation. J.te/she is personallv known to me or has produced as identification and did (did not) take an oath. ","VPw,. ~1",,"';7f:o JEANNECARNES .....~ it MYCOMMISSlON' D0904B24 ...~~ EXPIRES: Augusl4, 2013 >:'~E OF f\.<i-~ Bonded Thnt BucIget NaIaly SIni:a My Commission Expires: ~ J./, ~ 13 NAME: JeaA\A\.e... Co....r-- n-&Q (Legibly Printed) (AFFIX OFFICIAL SEAL) - Notary Public, State of ~ Commission No.: iJ a '10 ,;\ 'f GC-P-11 BID BONO KNOW ALL MEN BY THESE PRESENTS, that we Bonness Inc. (herein after called the Principal) and Fidelity and Deposit Company ofMarvland , (herein called the Surety), Ci corporation chartered and 'existing under the laws of the State of Marvland with its principal offices in the city of Schaumbur::g IL and authorized to do business in the State of Florida are held and firmly bound unto the The Board of County Commissioners or Collier County FL (hereinafter called the Owner), in the full and just sum of Five Percent of Amount Bid dollars ($ S~ of <,\mt Bd ) 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 Coronado Parkway and Hunter Blvd. Median, Curbing and Landscape Installation . BId No. 10-5595 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 perfonnance of the Agreement and for the prompt payment of labor, materials and supplies furnished in lhe prosecution thereof or, in the event ofthe failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds. and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fIXed sum of $ 5% of amt Bd nolad above as liquidated damages. and not as a penalty. as provided in the Bidding Documents,. then this obligation shall be null and void, othelWise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 17th day of November .2010. Bonne.'ls Tne ~c6~ 3L P~ncipal BY {Sea!).f' #' Fjd'I~mpanYOfM"Yland . .~..... C _It l a Q-'\. ,,1 Eileen C. Heard. Attorney-in-fact and Countersigned Florida Licensed Resident Agent Local Resident Producing Agent for Fidelity and De,posit Companv ofMa~land Surety ( Seal) GC-P-12 EXPERIENCE Ihe POWER of PARTNERSHIP .~!! Power of Attorney FIDELiTY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUAL TV AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S~6tl1aryland. by WILLJAM 1. MILLS, Vice President, and GERALD F. HALEY, Assistant SecretaIy, in p~~ 66UUhb~~ranted by Article VI. Section 2. of the By-Laws of said Companies, which are set forth on . . ro~~ ~ ~~~eby certified to be in full force and effect on the date hereof. does hereby nomina . po' ~O, JR., Tanya L RUSSO, Peter A. THOMSON, Eileen C. HEAl _ ~ ~ ~rW ~ a, Florida, EACH its true and lawful agent and Attomey-in-Fact,to ~c\Ijd. d PeP.V~ Ifo)i~ ti1ts behalf as surety, and as its act and deed: any and all bonds and un ~~~\.h\])oITdfor undertakings in pursuance of these presents. shall be as binding upon. '" i', as w.~ aEj(p~1rl~~~intents and purposes. as if they had been duly executed and acknowledged by th ue~~ e~~f[~r~tJle Company at its office in Baltimore, Md.. in their own proper persons. This power of attom~~~~~d on behalf of Richard P. RUSSO, JR., Tanya L. RUSSO. Peter A. mOMSON. Eileen C. HEARD. d~iHdarch 17.2010. The said Assistant Secretary does hereby certifY that the extract set forth on the reverse side hereof is a true copy of Article VI. Section 2. of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant SecretaIy have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. this 21st day of Apri~ A.D. 2010. ATIESi: ~ FIDELI:rYANDnDEPOSITCOMPANY OF MARYLAND COLONIAL AMERICAN CASUAL TV AND SURETY COMPANY /.' ,tL;f :; IIj t ..i~ 1:' .; I... /b//. !.- l.f ~,:..., Gerald F. Haley By: Assistant Secretary William J. Mills " Vice President State of~aryland }ss. City of Baltimore . On this 21st day of April, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland. duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged tbe 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 Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affIXed my Official Seal the day and year first above written. ...,'\\~~~., ~ t:~ It ....,~ ,__'.;" ...... .../1., " .:; ~...' (~:,.,. /- --', (::~::~~:~g: '1",,,,,\\ C:n-~LL a 1...').1-U....____ Constance A. Dunn Notary Public My Commission Expires: July 14. 20 II POA-F 031-3055A let COUnty AdminislratiYe Services ~ Purd'taSlIlg Immigration Affidavit Certification Bid # : 1 0-5595 Title: Coronado Parkway/Hunter Blvd. Median, Curbing & Landscape Installation This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Failure to include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's proposal being deemed non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 aCe) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shaH 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 subsequentAmendment(s)) and agrees to abide by Collier County EmploymentE/igibility Verification. Syslerrirequirements regarding this solicitation. Company Name Bonness Inc. Print Name _Jane Baratta g~ APA ~ Title Corporate Secretaryrrreasurer Date 11/17/2010 Signature STATE OF _FLORIDA_ COUNTY OF COLLIER The foregoing instrument was signed and acknowledged before me this _17th_day of November, 2010, by ,J(;tIt\e.. ~ (Print or Type Name) --1:26YSotla.J.~ Kf'J~ as identification. (type of rdentific~' nd Number) who has produced Public Signature ~~ Ca.-r-nt..o Printed Name of Notary Public ~o<'~v.~~'t.,,, JEANNE CARNES *.' . '* MY COMMISSION' DD 904824 .. ". EXPIRES: Augusl4,2013 -r.,,., OP r.~<:> 8on.nbl1lllud8tt Nola/)' Sera ~OJ3 The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time, to request supporting documentation as evidence of the vendor's compliance with this sworn affidavit. GC-P-8 ~fE-Veri~ leI (' ~'~~; "4~~,,~(}>)" ~!on.~ t..vta%rt IS .\ &zt1l1C!i 01" on Company 10 Number: 228379 THE E-VERlFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Bonness In'c. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E-Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work In the United states after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newfy hired employees and all existing employees assigned to Federal contracts. 'Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. ~ 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to prOVide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. ~ 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Pags 1 of 13lE.Venfy MOU for Employe~Revision Dale 10129!08 ~l" 'V)'.:',.'. (l { ! ~ .. >ti __~-', '; 'iE-Verify ~'\.U(8& - ~ [./ - '\..0;; ~ mlll//" ~ :tnt-I'- E.-\'I:IUIY H A :l;D'V;h:t: 0" ova Company 10 Number. 228379 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative non confirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: · Automated verification checks on alien employees by electronic means, and · Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational prOblems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer a manual (the E-Verify User Manual) containing instructions on E-Verify policies, procedures and requirements for both SSA and DHS, inclUding restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative Pagll 2 of 13IE.Vell{Y MOU for Emp/oye1Revision Dale 10/29108 '/~'j;\.r..-\ 'lE.;Yerlfy .., ...p "l~ l.r.'-'" a! ~/JJ ~ '~,e: ~ .:.t...~~._~'" st'f.~- t-V;ERIFV :$ It Jovttz: .;'Il'" D-y,j Company 10 Number: 228379 nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. ' 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non-match tentative non confirmations that is designed to provide final confirmation or non confirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBiliTIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and ..telephone numbers of the Employer representatives to ~ contacted regarding E-Nerify; 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E- Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures. with two exceptions: · If an employee presents a "List B" identity document, the Employer agrees to only accept "list B" documents that contain a photo. (list B documents identified in 8 C.F.R. ~ 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. · If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non-matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. Page :l of 13!E-VelJy MaU (or Employe~Re'lislOn Dale 1Q129100 iYedfy B:oa",. ~......\ ~tlr"t- o_.::.......~. l--~ -: '-H'!r~~'\~ _ ' USA " ~..i; " \." IUUII/ ~~!,r; .....ISnl'- &. \"JIKU''l; t. A. snYIl:'. O~ DBS: Company 10 Number: 228379 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete. retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws. including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1 )(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibifity of the individual in compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmatlon; and (5) no person or entity participating in E-Verify is ciVilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves therightt1) conduct Form-I..9complianceinspections during- the course of E..Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual, The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable. the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting. in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first. and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN. provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding. and not taking Page 4 of 13!E-Venfy MOV for Employe1RevislOO Date 10/29108 j,"}-",c,"'V:t.{1:f')i> ~;t ;~E-Verify i: ~. ~a ~.. Company 10 Number: 228379 adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. ~ 274a.1(1)) that the employee Is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non-match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring .snemployee to work in poorer conditions, refusing to assign the employee to.aFederalcontract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final non confirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non-match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515 (TOD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 2748 of the INA by not discriminating unlawfully against any individual. in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a}(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part 0 below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration-related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TOO). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as Page 5 of 13IE.Verify MOU for Employe~Re;rision Dale 10129/00 LI:E...-Ver.f. . m .1 y !,.)~ ~!!!.~$~ ''"''IST$.!<- a:...VliPt:rf' U A saRnC1'; OJI' Cia Company 10 Number: 228379 authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOUI except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. ~ 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify' and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify' __ m D. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. The Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Federal contractors already enrolled at the time of a contract award: Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. If the Employer is enrolled In E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must initiate verification of each employee assigned to the Pag!) 6 of 13lE-Venfy MOU for Employe1Re'iSrOn Dale 1012SfOS fE-Verify ~ ....../" E-VDIrY fS A SkJ,VIcr OJ I:1lI '.; ,...\. ~l(.'(, J-- x",A ~ ~ Company ID Number: 228379 contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001 (a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, andlor all existing employees hired after November 6, 1986. The provisions of Article 11.0, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. d. Verification of all employees: Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by OHS and initiate E-Verify verification of all existing employees within 180 days after the election. e. Form 1-9 procedures for Federal contractors: The Employer may use a previously completed Form 1-9 as the basis for initiating E-Verify verification of an employee assigned to a contract as long as that Form 1-9 is complete (including the SSN), complies with Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Farm 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or ifthe Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the preVious 1-9 to provide the necessary information. If section 1 of the Farm 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article H.C.5, subject to any additional or superseding instructions that may be provided an this subject in the E-Verify User Manual. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor. 2. The Employer understands that if it is a Federal contractor. its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or ather officials authorized to review the Employer's compliance with Federal contracting requirements. Page 7 of 13iE-Velify MOU for Employe~Rev;slOn Date 10129/08 i.-Verify ..~. ,i~)~, ~~ jf ~ ,. .!!..D_~l. .: ~tv~r.;.~" E.-veRIFY 11. A ,nvte!. 01' Dill Company 10 Number. 228379 ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative.nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests. the tentative non confirmation as. soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system-generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation Issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non-match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non- match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer will determine whether the employee contests the tentative non confirmation as soon as possible Page II of ;3\E.Verify MOU for Employe1Revision Dale 10/29/08 .rnl~' iE-Verify ;.;::i.fii,l, ""\. 51('(.- C~ 'f~ v. ..e t N/S'[1l.t- .E-'nJtIr't tl: ~ SBltV!"" 0' tlIlI t: :'1'..... Company 10 Number: 226379 after the Employer receives it. 4. If the employee contests a tentative non confirmation issued by DHS. the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: . Scanning and uploading the document, or . Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non-match. ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed. under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E-Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the Signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take Page 9 of 13:E-Verfy MOU for EmployeqRevsion Dale 10129!08 ,dil';,q. "'t:- E-Verify ~~, ~,t-' Sl(~e.+... ~.'~ t I U ~#< .r!" \)II""J ~~. Ivrsn..... E-VZRU"Y r. A SaJtVI=' op DHa Company ID Number: 228379 mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor must provide written notice to OHS. If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or OHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and OHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreem~nt with DHS, SSA has agreed to perform Its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy. including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf ofthe Employer and OHS respectively. Pago1(1 of 1SrE-Vellfy MOU lor Employe~Revislon Date 10/29/08 ';~E-Verify ~"~-lI... to" SfC,'b: . ci'~~ ,~ ~~, 'Y/Py;;A'~"" \~' ~1!~ I..YEllITY n A InVItE 0: Oils Company ID Number: 228379 To be accepted as a participant in E~Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-4644218. Employer Bonness Inc, Sandra I Santos Name (Please Type or Prinl) Title Electronically Signed Signature 07/0812009 Date Department of Homeland Security - Verification Division USC!S Verification Division NaMe (Please Type or Prinl) Title Electronically Signed Signature 07/0812009 Date Page 11 of 13fE-Ver,fy MOU for EmployelRevsion Dale 1(112B!Oa .; i' ,;' IE-Verify .,i....,... a ;.'l \.1iI..J i. "_ \J!rvl E,-\1E:Rln t:a A SUv!~1 ell' PHS. Company 10 Number: 228379 Infonnation Required for the E-Verify Program Infonnation relating to your Company: Company Name: Sonness Inc. Company Facility Address: 1990 Seward Ave Naples. FL 34109 Company Alternate Address: PO BOX 9140 . Naples. FL34101 County or Parish: COLLIER Employer Identification Number: 592055219 North American Industry Classification Systems Code: 238 Parent Company: Number of Employees: 100 to 499 Number of Sites Verified for: 1 -----~"..:- . '--'.<..'._"~--.-.......;,;.---~- Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: . flORIDA 1 site(s) PallO 12 of 131E-Velliy /IOU for Employe~ReV1slon Dale 10/29100 /"~?'llf,~ _ (~i ;;' E-Verify ..ot~..;... 0)-"" M(!t-r- .1~f $I ~ ~~: \ ,~ l.t~. :t.\.B"f1:.~ !...vi.lUn ~s A. !;~v!a t11' DtfS Company 10 Number: 228379 Information relating to the Program Administrator(s) for your Company on policy questions or operational. problems: Name: Sandra I Santos Telephone Number. (239) 331 - 5140 E-mail Address:ssantos@bonnssslnc.com Fax Number: (239) 449 - 1474 Page 13 of 131E-Venly MOU for Employe'iRe\llsion Dale 10/29!08 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 Nurnber; ~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 Bonness Inc. Bidder Name ..-/ 6~ ~ /..".. ( ".I'^- . Sign'afure & Title Date: 11/17/2010 GC-P-13 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Bonness, Inc. ("Contractor"), 1990 Seward Avenue, Naples, FL 34109, a Florida Corporation, authorized to do business in the State of Florida, to perform all "Curbing" Part One ("Work") in connection with Coronado Parkway and Hunter Blvd. Median, Curbing and Landscape Installation, Bid No. 10-5595 ("Project"), as said Work is set forth in the Plans and Specifications prepared by McGee & 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: Seven Hundred Sixty Four Thousand Nine Hundred Eight Five Dollars & Sixteen Cents ($764,985.16). GC-CA-14 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, In the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.qov/c570/ c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liauidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and forty (140) calendar days from the Commencement Date (herein "Contract Time") (see table below). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within twenty (20) 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. Description Substantial Days Final Completion Days Phase I: Curbing and Median 140 120 160 140 Phase II: Landscape Installation GC-CA-15 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, as follows: Phase I - Median and Curbing one thousand one hundred and forty eight dollars ($1,148.00); Phase II, Landscape Installation five hundred and sixty six dollars ($566.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated GC-CA-16 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 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 Perm its Standard Details (if applicable) Plans and Specifications prepared by McGee & Associates and identified as follows: Coronado Parkway and Hunter Blvd. Median, Curbing and Landscape Installation as shown on Plan Sheets 1 through 106. Contractor's List of Key Personnel A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: GC-CA-17 Darryl Richard, Project Manager Alternative Transportation Modes 2885 S. Horseshoe Drive Naples, FL 34104 (239) 252-5775 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: Ms. Kathleen Bailie, President Bonness, Inc. 1990 Seward Avenue Naples, FL 34109 Phone: (239) 597.6221 FAX: (239) 597.7416 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 Iist." 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. GC-CA-18 Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Aareement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severabilitv. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. 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-19 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: 2~ b~rtl A.r<\ar1~~e\~ Type/Print Name ~ :J~eO/rY1€4 Type/Print Name Bonness, Inc. - By: j~ ~ - : .~:: "' ~F ~~c)J€)(~fJ~~ Type/Print Name and Title Ii. .t;.-. L" , SQ,jetJ q... ~ ~ Date: feJxuartj .~. dal ATTEST: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA '1uJ-W. ~ Fred W. Coyle, Chairman BY: . t Name;.' S6.0"\-\ ~ . -r~~ County Attorney-:- .~~~ ~ '-,. GC-CA-20 EXHIBIT B INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 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 provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage~ required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage~ and charge the Vendor for such coverage~ purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this GC-CA-C-1 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 1. Compensation 2, IXI Employer's Liability 3. IXI Commercial General Liability (Occurrence Form) patterned after the current ISO form 4. IXIlndemnification 4. IXI Automobile Liability Collier County Florida Insurance and Bonding Requirements 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 $2.000.000 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 6. IXI Bid bond 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 Project Professional Liability o Valuable Papers Insurance $ $ Per Occurrence Per Occurrence 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 GC-CA-C-3 Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. IS! 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% ofthe Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A_" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. [8] Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. [8] Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. [8] 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. [8] Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number GC-CA-C-4 .........., ACORd L./ PRODUCER Marsh 3031 N, Rocky POlnl Drive. Suire 700 Tampa. FL 33607 Alln; Erica Connlck 813.207-5121 --;------.-- CERTIFICATE OF LIABILITY INSURANCE . I ~;;;~;~~~IYYYYJ THIS CERTIFICATION 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. _. 1101266-Bonn-CaS-10-11 . INSURED Bonness, Inc. 1990 Seward Avenue Naples. FL 34109 llNSURERS AFFORDING C~~~RAG~_______. NA~C # I INSURER A Travelers Property Casually Company or 25674- .r_ _ . __'_. . . _'_ .__. .. __ __ INSURER a. EVerli~t Nal!O~~llnsurance Co 10120 --- INSURER C Charter Oak FIre Insuran~ C~mp-any 25615 INSURER D INSUReR E COVERAGES ___ 1 I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, [I NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATe MAY B.E IssueD OR MAY PERTAIN. THE INSURANC. E AFFORDED BY THE. POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE l;!~E~S SH2.WN MAY_!"lAV~ BEE~,REDUCED BY PAID CLAIMS. NSR ADD'l. . . . POLICY EFFECT/IIE I POUCY EXI'IRA TION I ILTR INSRD TYPE OF INSURANCE POLICY NUMBER DATEllllAlDDI\'YYYI DATl!IMMIODIYYYv) LIMITS A GENERAL LIABIL VT J EXGL 58008671 06/0112010 06/01/2011 EACH OCCURRENCE IX. COMMERCIAL GeNeRAL LIABILITY ~:~~ T~:~~ce I '. l CLAIMS MADE !Xl OCCUR Meo EX.P (Any one pemlll) :x..: SIR; S25D,OOO. . PERSONAL & AnV INJURY GENERAl. AGGREGATe Is ~RO~CT~. COMPIOP AG~$ I 1,000,000 2.000.000 ~.00P,900 G.E. NERAI. AGG.REGATE LIMIT APPLIes PERI . PRO. 'X. POLICY: JECT LOe I AUTOMOBILE LIABILITY . VTC2J CAP 58008683 I 06/01/2010 : 06/01/2011 COMBINeD SINGLE LIMIT Is (Ea lICCIdenl) 2.000,000 :A I ! 1 ! i X A~"Y AUTO - ALl. OWNeD AUTOS SCHEDULED AUTOS HIRED AUTOS BODILY iNjURY (Per perscm) $ I I - (Pet Decidenl) I 1 NON. OWNED AUTOS I - '-- , PROPERTY DAI\.1AGE 1$ I - ..- j (Per aCCIdent) I I GARAGE LIABILITY I I AUTO ONLY. EA ACCIDENT is I - EA ACC is - ANY AUTO OTHER THAN , i AUTO ONLY AGG )$ '8 . EXCESS I UMBRELLA LIABILITY 71C1000117101 I 06/01/2010 06/01/2011 EACH OCCURRENCE S 5.000.000 'x - i OCCUR CLAIMS MACE AGGREGATE S 5,000,000 - I S - DEDUCTIBLE . --- IS - ReTENTION S t---- ill: - C WORKERS COMPENSATION AND VTC20 US 5800B66A I 06/01/2010 06/0112011 X 1.fn~~STATU'.1 10TH. I EMPLOYERS' LIABILITY rlRVIIMIT!l1 ~ ANY PROPRIETORlPARTNERlEXECUTrVE. Y IN L EACH ACCIDeNT $__ 1 ,000.000 OFF1CER1MEMBER eXCLUDED? N - , L DISEASE. EA EMPLOyee; S ~ ,000,000 (Mandai '" NH II es. describe under E 1 01 E -I' lICY IMI ;S 1 000 0 aOOll Y 'NJURY $ speCtA~ROVI~'O~S below OTHER S ASE 0 L T I , 00 I DESCRIPTION OF OPERATIONSiLOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS :Allier County Board of Cour:ty Commissioners is an Addltronal Insured as respects General Liabillly if required by contract ~*ct~~:' . . :;E~T!FICAT~ HOLD~~______._,_ ATL-001984168-15 CANCELLATION CollIer Counly Board or County Commissioners 3301 East Tarniami Trail Naples. FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRmEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL IMPose NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGeNTS OR REPRESENTATIVES. Ag?l:,~fsi.EB~~PI~~~EN1ATIVE ~ 0 L.....c..1L Erica Conmck ~('\on ~~i.,nnatn1\ --- ...--_._..~---~_.._-- --_.--~~~~-:-:'-=-==---:..~-~- --..-- --.-. -.. -- --- IMPORTANT If the certificale holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A sLatement on Ihis certificale does noL confer rights 10 the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject 10 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 Ueu of such endorsement(s). DISCLAIMER This Certificale of Insurance does not constilule a contract belween the issuing insurer(s), authorized representative or producer. and the certificate holder, nor does il affirmalively or negatively amend, extend or aller the coverage afforded by lhe policies listed thereon. .cord 25 12009/011 S,! ATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHAsSEE FL 32399-0783 STATE OF FLORIDA DEPARTMENT OF BUS::INSSS AND P1{OF~SS:rONAL lUtGl1LATIOl; .' '.: ~QNSTRUCl'IO~ INDUSTRY LICENSING BOARD . . ,.', : . .. '. . . ..' . '. SEQ#L.:J,008040J.2S9 ; .. LICENSE NBR '. ". ." ,.... I.{ '. .~. BAILIE, KATHLEEN M l30NNESS ::tNC 267 CHANNING CT NAPLES FL 34110 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every daywework to improve the way wedo business in order to serve you better. For information about Durservices, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe 10 department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new Iicensel DETACH HERE '5071457 18 04 2010 097060658 CBC059904. he BUILDING CONTRACTOR ~ed below IS CERTIFIED nder the provisions of Chapter 489 FS. Kpiration date: AUG 31, 2012 BAILIE, KATHLEEN M BONNESS INC 1990 SEWARD AVE NAPLES . A:. ',. : FL 34109 (",ll~ or.Tli! ,.,OT.Q.,. (850) 487_1395 e.~TEO"~ ... .AC# .5D1liijS' ~B.t>>~R;'l'J(.$1' ...:9E ,BUSXtqs S'AND'~:if A': . ~M'~BltI:9"'Pi'~'Ii>ifPN;l""7 ..",.,:. ~ .",',r~': ,:.:' : " . '._," ..--_._,.:--.:-,: .._,'_.::\:'::'/,::: :u,~-'i ' \: caco 5 ~:'o.4;'.':.:"..tb~/~Q.~/i:.o., "lJ~l ri 60';$~.; -.-- ':: "--:"'_~-::'''~'_':~':'':'~'''!~f.,:' -..~;_:.~tJ:,: I ,.",:'~,,: -.~ ~!ri~~~~t1f~~'i~RA~fR...'~;*:_. B<!>NNESS .~c-... ..~... ......., "'. .ol;;'~. '.~ ....... '"'~{!?~~~: ":~'1~~; ISCn.TJ:~.IBD "IUI.; ~. ;;ovldDDa ot! c::b.48.9... -.p~.~~DIlI ~"."..t1Q.,~l,> ,~~~2 ;'~Oo.e,~;tP12~;~,~. - ~ . ..... .. .,:0>':'" "~' '~i-r.~'" - ----. j I ~~ ,..~- ........ . 'Jii'y:t>- " ~1~..;,'51.;.<;.'_ rJ""" .~ . . -~;(1f;;: .'q - '. STA 1E OF FLORIDA pEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 BAILIE, KATHLEEN M BONNESS INC 267 CHANNING CT NAPLES FL 34110 Congratulalions! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the waywe do business in order to serve you better. Forinfbrrnaticm about our services, please log onto www.myfloridalicense.com. there you can firid more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new licensel DETACH HERE ... ,.. -1 .- .. ,... ') , ,~, 1 . : I J .; . '\..0:,...... '''' "'"" (850) 487-:1.395 . . STATl:OFFLORr~A ACI 5.D10.133 . DEl?ARTMENTOF' BOSrNES~.<'Abiii: " ,l?ROFlj:SSI9NAL.. REGT.1ItA"l':t',ON: CUC12247~i ',' i>ij'~12~~~iO o9'4060~S8 - or' ~'. .'_ , . ~, .. CERT Ul:IDERGRO'01m&EJcCAV CNTR BA.:ILIE, . ~'rRLEEN-:ll' ~..' ? B'ONNESS i:nc;.;',;,,r". . -. ~ ~", . l IS CERT.IFI;e:D Wlo4.~ .the provbion. of 9h.4B.9 f'S hp....Uon 40.1:.. AUG 3~, 20~2 L3,006~~00943 51 A 1E OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCl'ION INDUSTRY LICENSING BOARD .,' . .' . SEQ#L10062.200~43 !6/22.2010 :0.97060658 CUC12247;9~' he uNnERGRO~ UTILITY & EXCAVATION'CO amed below IS CERTIFIED . : . nder the provisions of Chapter. 489 FS. Kpiration date: AUG 31, 2012 '1 ( BAILIE, KATHLEEN M BONNESS INC 1990 SEWARD AVE NAPLES FL 34109 CHARLIE CRIST t:!,. \1Rhl1\T" kl CHA~r...tE LIF.M 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 Releas-e and Affidavit is given in connection with Co-ntractor's[mOnthly/firii3l] 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 ,~cl ,a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: GC-CA-C-5 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) HE: (Project Name) % % Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ = Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By Design Professional: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC-CA-D-1 (/) W :J ...J c( > u. o W ...J :J C W J: o (/) :a CD :J C :;:; C o o c- ~ I- .. m :: x g x 0' w Q: q -. .. .. .c E ~ ~ u -g t!~ Q.CQ. Wo ..JC>..J <(<(W ....ZJ: O~j!: ....W- 0:::1: ~ S ~~; ~ i ~ ~ w C> ~~ 0- ...~ W 0:: WJ: OU) Z- <(~ ..JlI.. <(0 m.... ....W Z.... WW ~~ ~~ o [law ..J....wl- <(WO::<( ......JOa ~~I-o OU)I- 005 U) 0..J ~H:! 00:: ....W U)!;( ::iE a w I- w ..J c.. ::iE o o x: 0:: ~ o U)O 5:~ I-W c.. 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CD g :J cn EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No.: Change Order Description FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount... ..... ........... ........................... ........ .....$ Sum of previous Change Orders Amount .......................................$ This Change Order Amount .... .......... ..... ............ ...... ......... ........ .....$ Revised Agreement Amount........................................................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Design Professional Date: Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Director Date: (For use by Owner: Fund Numbe~ ) Cost Center: Object Code: Project GC-CA-E-5 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC-CA-F-1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat. utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2010 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2010 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2010 OWNER By: Type Name and Title GC-CA-F-2 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Contractor: Project No.: Date: ,2010 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: 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 orawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10, Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. explanation. Acknowledgments: By Contractor: If NO is checked for any of the above, attach (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) By Owner: GC-CA-G-1 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a Written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: 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 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 maybe expressly described els~where in the c;ontract Documents). 2.3 " .. NotWithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC-CA-H-2 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specifiedhoufs 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 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 Gontractor lndica,ting, 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 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 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 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 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 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 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 authorizedUby 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 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 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. GC-CA-H-11 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 integr~tion with , Contractor's Work. 13.INDEMNIFICA TION 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 the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. GC-CA-H-12 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 seC!. 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 enrollment in E-Verify. Additionally, vendors shall require all subcontracted vendors to flow down the requirement to use E-Verify to subcontractors. GC-CA-H-13 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 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 GC-CA-H-14 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 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 GC-CA-H-15 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 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. GC-CA-H-16 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 complete, Project Man-agfir shaTfprepare-and deliver to Contractor a Certificate ofSubstanticll Cornpletion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. GC-CA-H-17 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 COr1tract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which - may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22, TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith aod furnish Project Manager the required certificates of inspection, testing or approval. All inspections, GC-CA-H-18 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 cOrlstruction-pertodbeyondthe regu~areight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and GC-CA-H-19 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, 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 GC-CA-H-20 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 anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the GC-CA-H-21 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 wovide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials.and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or GC-CA-H-22 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 anyotherper~on or entity for whom Contractoris legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; GC-CA-H-23 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29, PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discu~~ J~e Progre~~ Schedule, proc;edures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and 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 GC-CA-H-24 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. 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 GC-CA-H-25 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 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) GC-CA-H-26 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. 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: GC-CA-H-27 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 PM IS 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 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. GC-CA-H-28 35. SECURITY If required, Contractor shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. GC-CA-H-29 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 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. - GC-CA-I-1 EXHIBIT J TECHNICAL SPECIFICATIONS GC-CA-J-1 EXHIBIT K PERMITS GC-CA-K-1 EXHIBIT L STANDARD DETAILS GC-CA-L-1 EXHIBIT M PLANS AND SPECIFICATIONS GC-CA-M-1 COIiPONENTS OF CONTRN:T PLANS SET IiEDIAN IIiPRCNEIiENT PLANS LANDSCAPE & IRRIGATION PLANS A DETAJJLD tll(JEX IJ'FfNlS OM THE KEY SHEET t:F ElICH COI/POIIEIIT INDEX OF IiEDIAN IIiPRCNEIiENT PLANS KErSHEET 2 PUN SlfEET LJiI(IJT .NO .J TYPrAt SECT/OIIS " SPECIAL DETAILS 5 SLEEVE DE1M , GENERAL IIOTES , Sl/IIIIMff OF PAT tTEIIS/OOANTITICS . - tfJ Cl7t"I:WAOO ,.AIf1MAY PUll SHEETS_ 1/ - of' HIJIITER BtVWlARD PLAN SHEETs- . IIDT! : PUll SHEETS IIiCUJ()E SlillIIII1 NID IIMICJIIG IIIPRfNEllEttTS, AS N'f'UCA81.E COWER CfJUIIT'I PW)JECT IIoAfOJ/(JII2O ~ COLLJER ctUIT'I BaJRl) OF COlIMTY aJIIIIISSIOIIERS J30I E. TMlIAMI TlWL IIAPLES. FL J4I2 CDOROfNATI/IIQ ~: DEIWfTJlCNT OF ALTER/tATNE TIWtSI'ORTATItJII IIOOCS DNfRfL RtcHNfDo RIA f'RtJJECT tlNiIGER aII!JS 5l1tITH 1GRSES1f3E. DRIVE NAPleS, FUJRDA. 34104 f'ttOIIE: tJ9 252 511!J IZSKiN ctJIISlILTNlT$: IICGEf . ASSOCIATES ~ srAAIWIDS NG Sl"EC*"ICATm$: FIlJIIIOA DOWtnIEItT 0' 1'RNIlSl'OWAT", ~ srMlWllJS' 1MIt'D lilt. JMJ stAMWID SI'fC"lCATItMS FrJ/f MMlJ NG .... fDlSl'Ilr.CTOI' OI.'TED aIL AS MftOfD . QllTRN;T QD.WA7S, IIf't#IaZ __ sr.... .IIlDf'QTCIISr "'~""""'IIIi#If"''''''''M ....~.,...,......_Ilt<< 1/HtJt/~..,....tf..v"*'-/ftl/ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS " DEPARTMENT OF ALTERNA17VE TRANSPORTATION MODES GOLDEN GATE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT (MSTU) CONTRACT PLANS CORONADO PARKWAY &- HUNTER BOULEVARD MEDIAN IMPROVEMENT PLANS ""--. 1tJN1ERIIllU..EWWlO SToLm.. } IEOlNI'IIOJt:Ct """"'.......... 'Tol.~. _~un~ 1IOAI1IIR SHOP DRMIIIGS TO BE SlJBIIrrTED TO: ~ & .444<<iate4 Landscape Architecture DES1GN . ENVIRONMENTAL MANACiCMENT . PL.Af\tIlJNG 507q T.......ml T,...I E..,. Nopl... Flo,.~d. 34113 Phonel IZ3'J1 417.0707 FII... IZ3'U 417-07l!lB C."UIIIIIIIW or Au't.ho..u:at.lon l.C-C0li!100"18 MIOnll.1 A. McG... L.A-1!II1i!J8864 ......10 .....9.......0Iltl.1I1.1I0... PI.NIS I'REpNfE/J BI: O!r.!.~!!~~.~! ""NtlIllMWAY IIIN!Sfl.K., 1'IfIUQOIiCOlSl.LTIG ""-" CDlTl'lCAII(I'AlITIIlIIIZATtII...,"" PlllIlC,n'.9Bt ~IJlsu._ ...:nIntIIIl:~.~ 1ItJ7Er7He.!JCMZ.7~/I1JItS1UIf HNIC 0INIlJED we. lV MMDDUCTDI. -.""'" -.,- IIfJ1IIINI TIIE8IIa1aC. AD'. fOe I/OOx CONSTRUCTION PLANSI PROJECT IiANNlER: DARRYL RICH/lFIO, RIA, IiSTU PROJECT IiANNlER SlICEr 110, HUNTER BLVD ~ .... b..........d !GO 1..........1 Feel Q- ~. j -J en <( Cl:: <( en Cl:: <( en <( l I- <: <( V) ~ ~ ~ ;; fil SHEET No. 8 SHEET 1kJ. 9 SHEET No. 10 SHEET 110. 11 SHEET No. /2 SHEET No. IJ SHEET No. 14 SHEET No. IS SHUT NoJ6 SHEET NoD SHEET NoJ8 ~E ti ~ CORONADO PARKWAY '......~ .'^~ ~ ~ ~~ ~ .",~~~#' ~ 4~ ~ ~if ~ "' IIORIlAJI TRE8/LCOCIC, NCP, PE . <tnI6 rcs CERTIFCltTIOII OF NJTHORIZATtJ/I MJ. Zl19S ctIUJ!a 0DIINf"r J'JI.U8IllMrA7KW' a>IQ\WIO I'ICFT" NfJNTI/I/ "II> 6tItDIIN1U7If &tllD'lCt7ll>\l .....'" PLAN SHEET LAYOUT MAP SHEET 110. 2 ROAlJI(AY SPEED LIIIITS HUNTER BOlJI.EVARD DESIGN SPEED = 35/1PH POSTED SPEED = 25IIPH CORONADO PARKWAY DESIGN SPEED = 35/1PH POSTED SPEED = 35/1PH HUNTER BOOlE.VMD EXISTING TYP. 106' ROAD EASEMENT ~ SVIK (TO REJIAINJ PM 7D IlEIIA/iI ......, PNnlDllElIAIII HUNTER BOULEVARD · REFER TO "PROPOSED IIEDIAN FILL SECTION" ON SPECIAL DETAILS SHEET, AS APPL/CMLE ~ ~ CORONADO PARKWAY [XISTlNG TYP. 106' ROAD EASEMENT ~ 5'1- SWALE .. SHOOLDER (TO REMAIN) f- fWfl 1'O/fLIIAIII /tI'-.r~ fWfl TO ReI/ANI CORONADO PARKWAY . REFER TO "PROPOSED IIEDIAN FILL SECTION" ON SPECIAL DETAILS SHEET, AS APPLICMLE 1'KeIju & AU<<i4te4 .Ji::'==::'.:'='::I~=,,-:- -- --. - ~ --...- --- --"'--- CtJIt(JNAJJDKrr"lIlIN1'IlRlILf'D GtJUJI/N atTB Bf.lJ7PJC4.1]Q'( lIIS.7U TYPICAL SEC770NS IiONIAN TREBJUXJCI(, AICf', PE 1kJ. '"115 res CERTIFICATION OF NlTHORIZATIOIf No. I'J796 SHEET NO, O!!!.~!!~.!~~ MR~If'1J'Ar IMI'fDI'IMIII CtJUJJl1l CfJUNTY JlUll5IIIQI7'A7'1ON 3 . CONSTRUCT CURB AS PER INDEX NoJC() FOR TYPE 'F' CURB AND 10 INCH GUTTER EXISTING MEDIAN 4- LIlIEROCKrLBR IC/O} OR ASPHALT BASE CURB PAD (INCIDENTAL TO CIJRB} .. FINISH SOIL GRADE SOD TO BE PLACED ON TQP OF GRADED SURFACE, AS APPLICABLE PROPOSED MEDIAN FILL SECTION IIOT TO SCALE ~ IiEDIAN TOPSOIL BACK FILL ~ rSEE TQPSOIL SPECIFICATION NOTES} TDPSlJll SPECIFICATION NOTES I FINI<;H SlJII IAYFR IJ FINISH SOIL WER SHALL BE PERTHE FOOT 'STANDARD SPECIFICATIONS FOR ROAD AND BRlOOE CONSTRUCTION, SECTION 162 AND 987 FINISH SOIL WER COMPOSITION 987 - 2 - I ORGANIC SOIL 20X 98T - 2 - I TOP SOIL 60X 9lJl - 2 - J COMPOST 20X IJQRTAR SET AND TOE IN LAST ROIl OF PAVERS ON CONe. BASE FOR RESTRAINT s[~ "I:: l;,~ MFnJAN GRAf'JING AND SOIL PREPARATION SPECIFICATIONS RECOIIMENDFO SITE PRFPARATION PRDt'JnIRF AND GRADING NOTES I. INSTALL IRRIGATION MAIN LINES, AND STUB UP VALVE LOCATION TO WITHIN EIGHT INCHES OF EXISTING SURFACE GRADE. 2. REMOVE IRRlGATlON EXCAVATION DEBRIS. UNSUITABLE EXCAVATED SOILS AND EXCESS FILL. J. SPRAY EXISTING MEDIANS WITH CONTACT HERBICIDE FOR IOOX KILL AS APPROVED Sf LANDSC.oPE ARCHITECT AND MAINT AlliS MEDIANS WEED FREEWRING INSTALLATION FIliAL /tlXEPTANCE. 4. ROTOR TlLU/EDIAN 18 INCHES DEEP TO WITHIN 18 INCHES OF THE BACK OF CURBING, ROTQR TILL WITH ROADNAYBASE TYPe TILLER. S. FINE GRADE MEDIANS TO PROPOSED UNIFORM G/I PROFILE AND REItKNE AU DEBRIS LARGER THNi I INCH IN DIAl/ETER FROfJ WITHIN THE TOP OF THE FINISH GRAOC. EXCAVATION INCIDENTAL TO PAVT 1.2 TOP SOIL COI/POSITION ~ VOWIIE IIEA'iURF PARTICIF S17€ ORGANIC IIATTER 0.5X TO 'IX SILT JX TO <fOX 0.05 - 0.tXJ2 MM SAND 6()y. TO ~y. 0.20 - 0.D50 MM CLAY JX TU lOX 0.002 & BEI.11N 1.2.1 TOP SOIL: TOPSOIL SHALL BE FRIABlE, FERTILE SOIL WITH REPRE5ENTATNE CHARJeTERI5TICS OF lDCAL SOILS. THERE SHALL BE NO EXOTIC OR NOXIOUS WEEOS OR WEED SEEDSfI.E NUT GRASS, BERMUDA GRASS, $EOOES AND THE LIKE). IN NO CASE SHALL THERE BE JIORE THAN FNE PERCENT 15XI 8f VOLlJI/E OF STONES, COURSE SAND, GRAVEL OR CLAY WMPS LARGER THAN ONE INCH W} IN DIAMETER. THE SOIL pH RANGE SHALL BE BE1WEEN 5.s AND 7.5 ?K4ee &;'/~ l,;"~d.""P. Al"Ghlt.C1t~r. .... '..1_' _.... -''- '--- - - O!!!.~.!m'~I~~ I- TO ,,- BEDDING SAND FW H MATCH ELEV EO: TY IF -r RB FOOT I DEX Ne. JOO " .. ;" OO'MSI~ TYPICAL PA TTERN: 'OLD WORLD" COBBLESTONE PATTERN LAID RAJlDOlIlY WITH SOWIER COURSE EDGES 8- DIA. Sf J6- LENGTH SCH. <<J PVC VERTICAL SIGN POST SLEEVE. flU WITH PAVER Bf()()ING SAND. lJJCATE AT EXISTING SIGN OR PER STANDARD PLAN CALL OOT TYPICAL MEDIAN CONCRETE PAVERS DETAIL ~ NOT TO SCALE I. PAVERS INSTAUATION SHALL BE IN -ACCORDANCE WITH FOOT 'STANDARD SPECIFICATIONS FOR ROADS AND B/lIOOES CONSTRUCTION SECTKJN 526 'ARCHITECTURAL PAVERS'. 2. CONFIRU COlJ)R AND SIZE WITH ONNER PRIOR TO ORDERING AND INSTAUING PAVERS. N;TUAL PAVER SAMPLES TO BE SUBMITTED TO (}NNER. COORDINATE INSTATALJ.).T/ON PATTERN LAYOUT WITH ONNER'S REPRESENTATNE TO MAXIIIIZE INSTALLATION EFFICIENCY. J. BASE SHAU BE INSTAU..ED PER FOOT 'STANDARD SPECIFICATIONS FOR ROAD AND BRI[X;f CONSTRflCTION' PER CONCRETE PAVING WITH CLASS I CONCRETE. DECORATNF INTERLfJCKING CONCRETE PAVING: I. SEE THE TTPICAL MEDIAN CONe PAVER DETAIL AEDlE FOR ADDITIONAL INSTALLATION REQIlIREIIENTS 2. THE PAVERS SHAU UfET ASTU DESIGNATION C 936-82 LAID IN A COBBLESTONE PATTERN WITH J DIFFERENT SIZE PAVERS t 7-X3/4-, ~-X"'- AND ~'xa' I, LAID RANOOMIY. J. PAVER CDlJJRS SHALL CONSIST OF 1/3 EMERALD GREEN, 1/3 MEDIUU GREEN, AND 1/3 CREAM. COLOR SHALL BE INTERGRATED INTO PAVER TO A MINIIlUM 1/2- DEPTH. 4. BIDDER SHA1L PROVIDE INSTAllED SQ YO UNIT PRICES FOR PAVERS TO INCUJOC EXCAVATION, BASE AND TESTING Sf APPRO/ED TESTING FJeILlTT 10'+ TURN LANE ITYPI FOOT MODIFIED EXIST. PAVT TYPE -F' UEDIAN CURB SMClJT AND MATCH EXIST PAVT . ~ RAISED LIP -A- . RAISED LIP ALl1JNS FOR FUTURE CNERLAY (81 OTHERSJ PAVEIIENT WIDENING SECTION: 6- TYPE 8 - 12.' rBASE) Z. SP-IZ.5 rSTRliCTURAL COURSEI r SP-9.s 4' LlIr/EROCKtLBR 1001 OR ASPHALT BASE- CURB PAD ONCIDENTAL TO CURB} PAVEMENT WIDENING SECTION NOT TO SCALE IItJ/fIIAJI TIft"u:tJCIt. Ace. /II NI. ..", res CERTIFICATION OF NJTHf)RIZAT/ON No. ZT79& ctJU./BR COUNI7' ~""21QV CDIQV.U1O /lIFT .. NUNIJ/R /Il,~ fXJUJIlN tM1B lIIttl'J7JMCt1lG'1C JlS.7U SPECIAL DETAILS ---1.. .,' 8.0&. OR S/OEWAU< OR " ED.P. SlLEVE MJllBER YSlEEVE SIZE (;3' SLEEVE lEIIGTH 8.0&. EJJ.I"l IRRIGATION SLEEVE DETAIL 1t.1oS. GENERAL NOTES I. AU. SLEEVE ENDS ARE TO BE CAPPED UlfTlL IJSE. Z. AU. SLEf'VE ENDS AIfE TO HAVE. JII ~LECTffONlCS OR BlJN.. IIN1NETIC UJCATIIIfJ DEVICES IliSTALLED AT EN:H fItD. FOR REUSE WATER. J. IRRIGATtJII SLEEVES ARE TO EXTEItO A 1I11t//IUM OF 4' BE.YOND THE BN:1C OF CURB WHEN THE CRCfSSIIiGS NIl! I'f.RPEIIOICULAR TO Tift: RONJIIAr. amsMGS WHERE StECVIIIG RlJItS FROI/ l/EDIAJI ItQSE TO lIED/AN wasc SfLEVCS SI1ALL EXTEND A III11UJII OF .,' BEtONtJ THE BJal OF CURB M PAVERS. .. AU DIRECTIONAL BORING OF IfMtGA.TIOII CONaJITISLEEVIIIG SHALL COIIfV WITH THE FDOT 'VTlUTY IrCaJMMODATIOIIS 1lAMJAL. aHtRE.IiT EDITION OR FaJT DISTRICT POLK:r THAT EXIST AT THE TIllE OF CONSTRlJCTIOII OR APF'LJCABi.E avNTY R/JII ItINIUAL CRITERIA. ~. B,JJ,c. - BN:K OF CUffIJ EJJ.P. - EIXZ OF PAVEMENT TYPICAL INSTALLATION OF IRRIGATION SLEEVES FOR MEDIANS & ROAfMAY CROSSINGS PLAN VIEW SCHEMATIC DETAIL RE.VIS/OMS ?Jt4ee &/I~ 1.0:;'cNoOP. Ar"""t...t~.. -.-.. --~ -- -- --- -..-....- O!r.!..,!m~.~~ ~ CXJIINIT JJIAIlMaITA.DW OI'JIKJNAlJDKWT.~&" fJtJUJ/IN au" _l1D'lC<'- IIS'IU NORIIAN TREBllJXJCIC, AICP. PE . 41116 res CERTIFICATKJII OF AUTHORtZATIOII No. Zl796 SLEEVE DETAlL GEN~RAL NOT~S ,. El6'lAr_IIM_..uTCIMl..7CIlDtTataur.w......--. L UtSr_..... SJlU:'nIla...... nc ~ ~ JIrWL......as .,... /I#IImI. J. 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I'III'GIEDIUCS'JlIMI'~SIWA..,~uara"'_laf~m...,..N'I"LCII&(. I/J. ...lafEUsrMNIIDIDIF........,M1NIIJf:r1.lllJS.CIIImIICrlW. .. AII,""".___IlllllD'S7!lI,.,mI:..clXllIIIIIIIlr.mtnxJr..u...-. .& s.-....., ucu. ..... . ,.,....",. . a.nI:t .". &air. Itfur~ _.....-s. a.-ors.vt. SlMUIlEMl.ItSmIIIJAIICFDI.,..-. d. ~ _ ,. lIE Il!IIMD 5JWL .. anAIlIY.. snEllPlU8 1& .-nm . aua aurr 1MllIl'lIlt7A'. ..us. camw:FlIlIS'WLCllIIlllIIIMrIlMJfl#'lWll'llM7tC*IWWl'I:-. If. .w."S"'SlMU1fIIIt_,",,""~""'JJaT_ do ~~c~r__SlWL"'."IIUO__"AnI/T"""lISI'JWrllFl'UUIIUF. a:wrM'nW.-u.,.... r_,....rro.--. ".......... 1lalIPTM. N 7W ~ f1UII/IIIDfF_-. MAfNT~NANC~ OF TRAFFIC (IIOTJ NOT~S: t. JWlflDWMr... H ~"ccana.l'IMnrI'Il'Dt ",.,.,..,-..u.. .~",",rwalllJ G1f..... ".._.....,."t:CD'I'JIlI.-..a:s..MWR8,..rt. IlUW,.rw RPcw./lDt'1iCI'l!II ....,. J'/IC"" If.... tUZUo., 2lIa.1II~. .. _~ ........,. J'/IC 1IlIIP'iIIM1*. nc n::I\ J'/ICQIIIT..o.c__. FNf.,,_tmI _.,. nr_.ftIIPlWD...-..""JlIC.-"."."CZilWP..cu......CotIr... JIC' RP5JMU..-'Ta ID H,...,.............."" JlC'III't'Uf:M..I'UtJ'/IC~_""". .J. ncCDrrIl'lllCftllll.c/lftlllllGaL I'Otar...".1'DWr1"llDll J'/IC/IlW!ltClllWft' _~"..-ecr..""" M_n'WCI Mf H Dr,. nc""liDWrllWUtAr..,.. "'~__""'''''''''JJMU''MCCRPrJIlCIInt_QIIIITIK1'CWN:rlllfrr. ncx____MR .....~_....."QlIfrlllCT............ lD"....,dI#ft.lUME. I..... .,.~... ~_JM"" __aMU..CllIlIMO.IIIlIQU_........alIrI'lIlef.. ftMrars..~JIDI'IfI~IIIUIlDIIIf"IlIt'*-S. &UCCldRllES'....lttoCOlllllllfllllUOlSr ... .. na.n ,.. ...... .. UN.vI ,. U/OI D/IIII1:rOt.. _ ,.,.. ... 1fIIfrI/f........,,.. nc ... MrII"""'" nc 1llAl,...". o-rllllCllll'....... .. DC'1a:A.,...,.Gllllllr..I/TUDI...~._ "'~SlMU,."""""".ncOllUR""" nc IIUlelr..,OI" JYlf QCIlIlIl(. t.._aMU.._,..,....A~~__ nc.....1CMISI 1.,.....NlJlt....NlIIIIIIJ.IllD,.lDU/fI,...... ~~. If. MIl.llIIft_~tvtnM'l'. .. 8PllIllCG ItI aaco 1SZSIIItI. car.tD,.." ~......,. 1M 0lI'llIICtI0'r. lit nc u.aaJI. r. H......."..._,....I~"'_r.SJM&L..nn. .. 11I.I.... .UDI"",.. CllI:IMI:'r..tJMLt.IDftl!I'U'" MII!1l' ~ .srM""'~MmClIIlID .....- .. ~"!"IIlU.MlIffl!ltro_IU'PUlDTM.~__sasroMWlll'NINlISI_.JYlf_NIltIIS,, III rHC___"'llCIIISfIU:"_""._"_lG__~.ccurN".cr_SIll!'lFl'Iars av.z.a OfJfINr'I'~Ant:W CIJ/lONADO KWr40 ~.." _ anI< _lI7PICt7lllW JIU.'lfI. GENERAL NOTES /IORIINI TREBlllXJCK. AICP. PE. . 41/16 res CERTIFICATIOII OF AIlTIDRIZATIOII MI. 2779S PIit ITEM NOTES: KIN IJICUJDES BONOIIIG AND IItSlJRNICC COSTS. AS /./flXMLE. Wid. ., OOANTiTY LS / LS / /20 LS / cr cr 688 cr <5 Sf 2.>20 N 2S5 TN /211 V ...... Sf 8Jl} V . V 2 Sf Sf '<00 AS , AS . <A "" V , 23 V 161 <A 55 V I_ V <A " <A < lOt-I fJlCWDES THE COST OF AU. TRAFFIC Ct)NTRfX RELATED ITEIIS. IIICWDINC VARIABLE MESSAGE. SQS. ARROI PANELS. SIGNNiE:. SARRCADES. TEIlPORARf STRlPfIIG. ANO ANY OTHER DfVUS NEEDED TO II/PLEIIENT THE TCP DURING COIIST1II/CTIQN. THE COST OF THE TCP PREPARATION AlfD PROCESSING OF THE RaN PERMIT SHaJUJ BE INCIDEIITN. TO THIS PAY ITElI. COUIER COONTr WILL PAr FOR THE COLLIE.R caJNTY ROlf PeRMIT FEES. AS APPUCABlE. 102-99 THIS /$ A CONTIIlGEIIT ITEM AT THE OPTIOII OF THE (MilER TO PRfNIDE RlBUC IItF()RJU.T1JM J/ESSN;ES REGARDING THE PROJECT AND lIAYBE USED AT Till OPTION OF THE OItNER AS AN ADDITIONAL AJO TO II/PUIlENT THE reI'. <IN "IN < IN "IN 110-1-1 REIIWAl. OF EX/STIIIC OJRB AND ASSOCIATED PAVElIE/iT WITHIN THE MEDIAN IS INCIDENTAL TO THIS PM ITEII. AS APPl.1CNJl.E.~ S_ CUTTING THE EItISTlNG PAVEI/CIIT TO REIICNE THE EXISTING roRB IS INCIDENTAl. TO THIS plff' ITEII. l2O-f THIS PAr ITEII REFERS TO THE EXCAVATIOI/ AND DISPOSAl. OF THE EXISTING IN SITU FILL MATERIAl. THAT IS TO BE REPUl:ED WITH THE IIEO/AN TOPSOIL BACJC FILL. THE SlIBSlJll MATERIAL MAYBE USED AS EI/BANJ(I/EIIT IF IT IIEETS APPLCA&E CRITERIA. THE SUBSOn. aJANTlTY IS CALCULATED TO A TRtX;X lICASlJRE VOUJIIE. OF ,-, TIMES THE III PUCE. IIOWI/E. PAY "Ell NOTES CONTINI/ED: m-709; >>f-I-lJj >>7-7-,J2 COST OF EXCAVATt)N TO CfJNSTRlJCT THESE ITEIIS IS INCIDEIITAL TO THESE. PAY ITEIIS. AS APPLICABLE.. StJPERPAVE WEIGHT IS CAlDJLATE:O AT 110 LBS/S'f/fIf 520+8 CDST OF EXCAVAT/OII, CVRB PAD t4 1/1 LIJIEROCX OR ASPHALT BASE} AND aJIIPN:TED Sl/fSlADE. IS lNCallTN. TO THIS PIi1 ITEII. COST OF SJNI CUTTlIIG EXISTING PAVEIlEIIT IS 1M:/DCIITAl. TO THIS PAY 17E:1I. CONST CURB PER FOOT I/IOEIt JOO FOR TYPE 'F'. IIODIFIEO REFERS TO 10 INCH GUTTER, FOR A TOTAL WIDTH OF C .. G ,. I FT of 1/1 VS A STO TYPE "F' ,. Z FT. 526-1-1 CDST OF 6 III CL.A5S I COIICRETE Sl.A8. IIORTM SET. AND BEODfNG SNlO AS DEPfCTED lit THE -TYPICAl. IIEDWt COItC1fET PAVEftS Of TAIL- ON TilE SPCCfAL lJ[TAlLS SlfECT IS INCIDfI/TAI. TO THIS PAY ITEII. A fOX WASTE FliCTDR IS IIIClJIDE.D IN THE QJANTITr. 570-1-1; 51S+Z TtfCSE ME COIITIIIGCIIT ITEIIS AT THE OPT1OII OF THE (JllIIER. Z FT SOD STRIP A.lJJNC lKJC AND SUO" I/UlDf 0Tt1ER INTERIOR ARCAS--IF LANDSCAPE Pf.AJlTWiS ARC DElATED NIl) REQUIRE INTERIII GRASSES. WATERING FOR A PERIOD OF THREE JIONTHS (TWICE A WEEICI IS INCIl1ZI/TN. TO THESE PAY lTEIIS. AS APPUCABlE. A ox (NCRN:;E HAS BEEN AaJED TO THE PW QUANTITr AREAS. 7OO-ZO-H. 7OO-Z/J-4/J COST OF SIGII POST SLEEVE WITHIIt PAVER AREAS (REFER TO SPeCIAL DETAIU, SHALL BE INCIDENTAL TO THIS Ph fTEM. AS APPlICMLE. 7"-f-oKJO THIS INCUlOES AN iDotTIONN.. PULL iiix -,iF REa/REo)" NiD" fxiiiiow' TIEliiG. itfflj'--:'Hi EXISTING WIRING AIID CONDIJrr. AS APPlfCABlE. COORDINATION WITH FPIL IS INCIDENTAL TO THIS PAY ITEII. 7fS-H-f2 THIS IIICUIOES ADAJSTING AN EXISTING PULL BOlt IN A PAVER, OR A LNtOSf:APE AREA TO THE PRIJOOSED tiRADE. ALL IIUlIBERS AId IIATERIA.J.5 OR PCRFORJIAI/CE TESTING REaJlRED (f.E. SOIL ANAlYSIS. SOIL DE/fSITY, CONCRETE STRENGTH, GRADATION. ETCJ W THE SPfCIF/CATIOIIS SHALL BE PERFORMED lit COIIFORIIANCE TO THE SPECIFICATIONS AND INCIDENTAL TO THE APPUCABlE PAY ITEII IlUllBER. AU IIIJIIBERS SlIRVD' STAKE OOT SHALL BE P!RFORI/ED UNDEIf THE DIRECTKJN OF A PROFE.5SIONAL UCE.IlSED SlIRVErOR IN ClJllFORJIANCI! TO THE SPECIFICATIONS NIO IIICfOEIITAL TO THE APPLICABLE PAY /TEll NfJMBER. RECORD DRAWIIIGS SHALL BE PREPARED 16 THE CONTRN:TOR, AS APPLICABLE FOR CONSTRUCTED DEVIATIONS FROII THE PROJECT Pl.ANS AN{) 1NCIOENTN. TO THE. APPUCABI.E PAY ITEII IItJIlBER. ALL NUMBERS ANI MATERIAlS OR PERFORIINfCE TESTING REOOIREO (I.E. SOfl ANAlYSIS, SlJll DEIISITY. CONCRETE STRENGTH, GRADATION, CTCJ B' THE SPEClFfCATIONS SHALL BE PERFORMED fIf CDNFORIJANCE TO THE SPECIFICATIONS NID INCIDENTAl.. TO THE APPLICABLE PIi1 ITEIIIIl/IIBER. AU. NVMBERS SURVet STAIlE OOT SHALL BE PERFORMED I/NDER THE DIRECTIOII OF A PROFESSIONAl. LICENSED St/INErOR IN CONFORMAIICE TO THE SPECIFICATIONS AND INCIDEIITAl. TO THE ~lfCA8LE PIi1 ITCII WIlBER. RECORD DRMINGS SHALL BE P8EPARED BY THE CONTRACTOR. AS APPLICA8I.E FOR CONSTRt.CTED DEV(ATIONS FROM THE PROJECT PLNlS AIID IIICIDCIITAL TO THE APPf./CNlLE PAT ITEII NUMBER. 12Q-& THIS PAY ITEM REFERS TO THE FlU NEEDED TO DEVEUJP THE lIED/AN FILL SECTION, EItCWDINC THE TOPSOIL PORTION OF THE FILL SE.CTI01I. THE SUB SOIL MATERIAL MAYBE USED AS EIIBANKMEIir IF IT IIEETS APPltCABl.E. CRITERIA. TH€ EI/8AJIKMCIIT FILL WANTITr IS CAlCULATED TO A TRI/CJl MEASURE VOWIIE OF 1.5 TIflES THE 11/ PUCE KJWIIE. 162-1-1J THIS PAY ITEII REFERS THE IIEDINt TOPSOIL BN:J( FILl. DEPfCTEQ lit THE ~D IlEDIAII FILl. SECTOi- IJI THE SPECIAL OCTAlLS SHEET. ADDITIONAL TOPSOIL SPECIFICltTIONS ARE PRal/IDED 011 THE SPECIAL DETAILS SHEET AS WELL AND ARE IItCIDEHTAI. TO THIS PAT ITCI/. THE IlEDlNI TOPSOil BN:U1f.L aJANTITY IS CAJ.t:(JLATEO TO A TRfJCI< IlEASURE VOU/IIE OF 1.5 TIMES THE IN PUCE VOUJIIE. ~&A~ ...;.~~.:.=:.....v""It.=.':':". ---.......-. .......-. _........._ ._lD'O<~_,_ __NO_" _.. O!r.!!!m.~,~~ NIl Nnt R. ", CORONdDO KWY .. /iUN1BR 6/..51) txJUJt6N GfTB M.ClITIF1CA~ JlS.7'U SUMMARY OF PAY nEHS/QUANTlTIES NORMAN TREBlf.Cf1CK, AfCP. PE . 41116 TCS CERTlFICATIOIt OF NJTHQRIZAT1O/f No. 27196 aJI.Llli/I CQVNIT ~A'IJON REVISIONS ~ "':O'"":=-......::::.::.I:--'~ ___"_. -.-- -......-.-....- --.--- --..--- ) o 10 30 L...........I _ Feet {RIW LINe PFfJP. TURN LANE ARRfM tTYP, ,- EXIST EOP ~ iE ~ CO i ~ "" iJi ," LEGEND TURN LANE/IIEDIAN PAVEIIENT WIDENING ~ PAVERS NORMAl! TREBIl.C<<K, AICP, PE. . "'//6 res CERTIFCATIOlt OF NJTHC)RtZATtOIt No. 27196 O!r.~.~!m.~.~~ IM# fWftROW !VAr IIU'ln" III Ct1U.I1i1lCfJllllTl'"JJr.tNSIIIQItT,(2JQ!\I' CORONAIJO PJC'II'T" /llJN1Jl/t 6LJ02J GIOUJEN iUm _~2l<W JlS1Tl. CORONADO PARKWAY PLAN ~ ~ ..... ~ -< "" f "'" ,. ," - y' ;"" F;; -< ~ In In :; CANAL o 10 30 J.........iiI l.........-oI Feet Vl jR/W UNE ) dO . . . . . .. . _ . . oc, . . _ . . . . . . . . 01: . . . 1/)+00 Vl ~ r" "'i Vl ~ CANAL ) . 10 FT CURB TRANSITION TO MATCH EXIST BRIOGf. CURB lCOST INCI{Jf.NTAL TO roRB PAY ITEM, AS APPLICABLE} LEGEND REVISIOIIS ~.~1::~~ ____....'".... -......._~~ -.-.....- .-.........- --..--..- -..-....- TURN lANE/MEDIAN PAVEMENT WIDENING ~ PAVERS NQRI/Nt TREBILCOCK. AICP, Pi . ,"116 rcs CERTIFICArlOIt OF N/THORIZAT/OII No. 27196 O!r.~.~!!~.~.~~ Hl#1fA1IQIIt1tIE_Y ItA ~'" ctJU.ISR OOUNTT ~ATION CORONADO PARKWAY PLAN CORON.tDO KIVY &- IItINTIlR /lLW GOUJrEN CA'TB .l&4.UI'IF1CA~ MSTU ) ~ :::;: CANAL 01030 ........., Ii.........oI Feet iR/W LINE ~ dO . . . . . . Oil: . _ . . . . . . . . - . 0 fXIST. CONCRfTf BRIOOE WAllS . . . .01: . . . . . . . . . . . - 011: . . . lO<OO $TA. 9+22.63 .84 R 0-.. ~ V) ~ -; V) !E CANAL ~ . 10 F T CURB TRANSIT ION TO MATCH EXIST BRIDGE CURB (COST INCIDENTAL TO CURB PAY ITEM. AS APPLICABLE) LEGEND TURN lANE/MEDIAN PAVEMENT WIDENING ~ PAVERS NORMAN TREBILCOCK. AICP. PE . 47116 rcs CERTIFCATION OF NlTHORIZATION No. 27796 ?/t4ee &;'/U<<i4fe4, ..;..~==:.:=.:;.t~:.,:-... ~__,...II_"_'Ioo_:Ml1ll --...-- .-..-."..- .---...-..- -....-....- O!r.!!!m,~.~! IIMIfA1iGIfDWIo'AY "'I'USRM1I9 CfJI.LI6R cotINTT 7JUNS111Qt7"ATJ()N CORONADO PARKWAY PLAN CORONAIXJ Kwr of 1IUNI'BR IILJ.'D GOLlJ6N G'..4.71lllEA.lIT1FICA77GN' MS.1U lJ1 .... :;: ) 6S'R . f' a 10 .JO 1..........i _ Feet .'>> .. _to "'" f' I. I: ,: LEGEND RtllISIO"S TURN lANE/I/E:DIAN PAVEI/ENT WIOENING ~ PAVERS /tORI/AN TR~BIU:OCK. AlCP, PE . "116 rcs CERTIFCATION OF NJTHORIZAT/ON No. U796 crJUJ/i1fCOlJ1tl1T~.t~ CORONADO KJYT" IIUN7BR IlL J7) _ am.. Mdll771lCt2ll1'l JU.7U CORONAfX) PARKWAY PLAN r '" .V> ~\~ ;> I:" ~ [ SURVEY I~ MEDIAN 9 I:: ..'> ;\,:1. '-CONST 'IIODIFleO' TYpe 'F' c~. =)-A-(:-+(f--+r LEGEND IfEVIS10NS ~~!!~4 _ ....'0_' .....'..~.. -.......- ..-..-- .... _of .. f1 +00 eXIST COP ,v' [~.: ,. ,..' CORONAOO PARKWAY ",," ~RIII' LINE TURN LANUlIeOIAN E5"5:523 PAvelleNT WIOeNING ~ PAveRS cot.LJBR COlIN1T ~A.T7ON Cf:JRt1NADO IIKIVY 4 /ilINTBIi &W GOtD6N tuTII /lEA.tn'IJlICA~ N.S.1U ~ o 10 3D 1...........1 _ Feet /8+00 ~\~ ,CONS! ItIUUlf/tU' TY~t:. 'F' C&G ". [:,. -to ",," ,eXIST cop ,~ NORJINI TREBIlJXJC1(. AlCP. PE. . 47116 res CERTIFICATION OF NlTHORIZATION No. 0196 CORONADO PARKWAY PLAN R/W LINE ", ,." " " .. '--CONST 'lIODIFIEO' TYPE,,:r' C&G \~+-- ~o~:i~~~ ...' ....,....._..,-- -..........-- ,-.........- .__....~ .. EXIST EDP ~,~1 ,,' IIE.DIAN 9 ,. ... ,$' CORON~ PARKWAY 'CMr--:hY€ LEGEND ( SuRVEY TURN LANE/MEDIAN PAVEMENT WIDENING a:u.a C<<INTT 1JlANIIiPCWTAT1ON 2/+00 r::E ) o 10 3D Fee ,...~ "" CONST '/IOO/FIEO' TYPE 'F' C&G " .. ",," rEXIST EOP ,,'" '''\ ( ~ awavADO KWY 4 1IUNTBR IJl.I'D GOl./1/iN al.Tti M4UI'IFICA ~ M.S.TU PAVERS NORtIAJI TReBILCOCK, A/CP, PC . "',/6 res CERTlFCATKJII OF NJTHOIUZAT/ON 110. 27796 CORONADO PARKWAY PLAN ~ o KJ 30 Ii.........i _ Feet R/W NE AlJJUS T PULL BOX I@] I~~ IFlEO' TYPE 'F' ~ .. 25.00 ,. ./:.'fI' '" .r ,....,.' CORONADO PARKWAY '" 'If' R/W LINE ~ DETAIL OF STATION OFF-SET FOR MEDIAN ISLAND 700-21)-11 (RJ-2U. (R3-f] LEGEND R/W LINE ~ l.C) TURN l.I>NE/MEOIAN PAVEMENT WIDENING ~ PAVERS NORIIAN TREBIu::r:JCK. ~. PE . if7116 res CERTIFt:ATIOII OF AUTHORIZATtOII No. 2T796 au.ai:It' aKI/'I7T ~....JJtW CORONADO PARKWAY "PLAN t:OIlONdDD PnYT .. I/llN1BIt IlL Jo7) GtJl./JEN atf1l MA0'71JIlCA7lON' KS.TU RhI LINE~ ~ o 10 30 IiII........I _ Feet rRhI LINE 28+00 29+00 + .'. EXIST EOP ,. ...". '" ,. ,~ ,. " r EXIST EOP :I> ~ ~R"'L1NE-- J t11!s ~~~/NE LEGEND TURN LANE/MEDIAN PAVEMENT WIDENING ~ PAVERS NOR1IAN TREBllfJXK. AICP. PE . 4116 res CCRTIF~ATION OF NJTHORllAT/OII No. 27196 ~o~~~te4 __....._.._......_M.. --......- .-........- ___ot__.._ -....-...- o !r.!.~!!~~.~~ Ul#1WiCiIOf1F 11'''''' IU R JHH COLlJBR otKINIT ~...TItJN CORONADO PARKWAY PLAN CORONADO KWY .. HVNTBR BLJID GIOl.IJ6NOA.1B M:4ll7'1F1CtntW MS.7U ~ o 10 30 Io........l _ Feet }_( r~ ) (~ ] 33~~ rRIW LINe ')'1:qo " + :I' '-OFF '~L. ,. , ~RJW LINE CORONAOO PARKWAY '" "," - <> .... "~ ~t ~ti:: 6- ,-'- -<> ~~ .... . _ _ . . . . _ . . . . ot:""ll"'- - - ~R/W LlNf LEGEND R!:I'ISIOlfS TURN LANE/liED/AN ~ PAVEIIENT WIDEN/NG ~ PAVERS NOIUIAN TRE81u:aac. A.X:P, PE . 47116 res CERT1FCA.TION OF NJTH(JRIZATIOIf NIl. ZT79& OOI.UIiIIC'OII1l7T~A.7JON CXJRONA.IJO PrWT II IIUNlB/t &IIP f.ltJ/J)Q'( at17l /l&f.llT1FICA.7]Q'( 1t$.1U CORONADO PARKWAY PLAN ~ :;: ) rR/W LINE ( SURl/EY / --~ o 10 30 IiII........I _ Feet 36+00 38+00 CORONADO PARKWAY .",ol' ~RIW UNE ~~ 8 ,,~ -" c:_ llJVl r-@ PROPOSED CURB LIP ElEVATION (O.JY. I.J)NGITUDINAL TRAJfS/TlJN TO STANDARD GRADEl LEGEND REVISIONS TURN LANE/IIEDIAN PAVEIIENT WIDENING ~ PAVERS NORI/AII TREBILCOCK. AlCP, PE . ,"116 res CERTlFCATIOIf OF N/THORIZATIO/t lID. ZT796 00I.L/6It COl/l'ITT~..1.JtW COJlOIIAJJO KJI'T .. /11JNI11R & JIB GtJlJ1IlN an" M.tlJ71lll::n_ JtS1U CORONADO PARKWAY PLAN ~ o 10 JO a.........I Feet TYPE ". / '" STA. 4O+9J-85 OFF 'O,/)' ".... :I' ",. MEDlAR 4 ~ ~.. ~~ ~:::::s ",,, ~::,;~ '-.. .9-~ C:;:~ L,JlI)Q.. ~R/W LINE =--- --=-::-::--:::: --- LEGEND ~ PROPOSED CURB UP ElEVATKJII I '--" to.J:!. LONGITUDINAL TRANSIT ON TO STANDARD GRADEl REVIS lOllS TURN LANE/MEO/AN PAVEMENT WIOENING ~ PAVERS NORIIAJi TREBIt.JX1:K, A/CP, PE. . <171/6 rcs CERTIFCATION OF NJTH(JRIZATIOII 110. 2l19& ~ G!r.~!!!~~I~~ M41JrAo1dIllW~" IW'f.ES" '" CQU.,D aKIll'1T ~"'TION ~ Pnn' "l/VN1J1lIlLJID 9tJUJIJN at:m &t.U1PJCt7XW NS.7U' CORONADO PARKWAY PLAN l.,;....__. ........1'...'.... -.---- ___1__._0_,,"-, --.-- -.......- -"'-- -..--- Cl ~ l l .. ... ...-.. ..... ;5;;;,1:::'~~~'" '~":-:-.-::.-- --- J RNUNE\ ~!o..q -- . ~ CORONADO PARKWAY II- ------- ~RN LINE --- " ! ~ ----- TURN LANE/lIEDIAN PAVElIENT WIDENING ~ ---6i:iXl PROPOSED CURS UP ELEVATION ( ~ rOJZ LONGITUDINAl. TRANSITION TO $TANOAR/J GRADEl LEGEND PAVERS NORIIAN TREBILCOCK, AJCP. FE . "'1/6 rcs CERTIFCATIOIf OF NJTHORIZATIOII No. 2179& ~ .!r.!'~!!~R~'~! MIl ~AI' _PUS", '" au..rmr COIJN1T nr.uGPQIU'A'IlON CORONADO PARKWAY PLAN .ii.~=':...""'..='~~ ..._....1._. ____ -........- '--'- __01--- -..-- crJRONAJJO KJIYT..lItJNl'a "I'D Gt1L/JIiN auZ' M,(07J1'JC(7J:W JUJU CORONADO PARKWAY 6- WHITE W/B(JRC RPMsDz IF 6- YCl.LON WI/BOA RPlIs 69 IF R/W LINE LEGEND ~ TURN LANC/IIED/AN PAVEIIENT W/Df:N/NG PAVERS a:JI.UEItC1fJfltl7T~...7JOtI COIIONAJX) PrII'T . I/VNl'BIt IlL loP _ <Z<1'll' _<m1'IC<~ JlS.7U CORONADO PARKWAY PLAN '" 10 30 ~- Feel kORIIAN T'REBllL'OCK. AICP. 1'E . <Ui16 res CERTIFICItTIOit OF NJTHORIZATI01I 110. U796 11:_ )... ~ "v.~ ll.. I I I :CJ :s: vi ~ ~ '<( o 10 30 ~ Feet ~ ATED L T PO $TA 2+94.00 OFF 5.5' HUNTER~BLVD. 6" YELlDN BOA RPI/s 548 if CONST lIDO/FlED TYPf 'F' C &- G 1 / f ~I I I I ~im~ R: UNE : I .. I ~ ..;r LEGEND TURN UWE/MEDIAN PAVEMENT WIDENING ~ PAVERS NORIIAIi TREBIl.CtX:K. AICP. PC . ,"116 rcs CERTIFICATION OF AHTHORllATION 1iQ. t7796 REVISIONS ~1~~~ .!r.~,!!!~.~.~! OOI.LJBR COUN1T ~Am:JN HUNTER BOULEVARD PLAN CORONADO KWY" I/VN7l1Il 6LR1 GIOL/J6N GAtt .&t4llT1F1CA7XW M.S.7U 2:~ o 10 30 L........iI 10.........1 Feel R/W LINE 4+00 CONST 'MOOIFIEO' TYPE -.. EX 1ST EOP ~R/W LINE '" '- ~ LEGEND ~~~~~~e4 ___,_""" -.....-""'.. -...........-.-..-....... --.....-.-....- -,...-..- TURN LANE/liED/AN PAVEMENT WIDENING ~ PAVERS NORIIAJI TRC8~f 1tJCP. PE . ,"116 TCS CERTIFICATIOIf OF NlTHOIlIZATION No. 27196 O!r.!,!!m,~,~! UUIWIGII!DIIF"Ar NA ESIl:H," 0fJU.lIiR COUNfT~....r:tr1N HUNTER BOULEVARD PLAN txIRONA/)() Krvr & NUNTBR &~ OOUlBNGATIl.a&tll'l'tRCAnQ"( MS.7U LEGEND ~::~~~e4 _,__'''''"__ -.....--. -..,...,......-.........- ...-.......--..- -....-....- -~ ~~ '~~.40 \ ~-- TURN LANUlIEDIAN PAVElIENT WIDENING ~ cct.lJBR CtJI/NTT 1JIfANSIIIIC:WTATION CORONADO PKWY of /iUN'I'BR IILIID QJL/J///{ (;41'B IlEA.lIT1FICA77e:W NS.TU o 10 30 ~ Feet 1/+00 ., 'J_ PAVERS NORMAN TREBJu:oac. AICP. PE . 4T1I6 rC$ CERTIFICATION OF NlTHORllATfON No. m96 HUNTER BOULEVARD PLAN z_ 12+00 '" vi z_ o 10 JO 10..........1 Ii.........I Feet 9.6'R ~:L1NE / / EXIST EOP 14+00 " ~ ~ -----I "7a+00 '" 1 EXIST fOP STA JJf+3(UX) R/W LINE LEGEND TURN l.AJ/E/UEDIAN PAVEI/ENT WIDENING m PAVERS NORIIAN TREBILCOCIC. AlCP. PE. . <fTJI6 rC$ CERTIFICATION OF NJTHORIZAT/ON No. 21196 REVISIONS ~.~j.!~ -'-_.....1_. _......._ --.........-............. .--.-..--..- ...-..............- .!r.!H!!~~.~~ UN IWtOIQW IIIIlIY lUPUS" ~'" oot.Ll6R aJlINTT 1JUN!IlQt1'A1'ICN HUNTER BOULEVARD PLAN CORONADO nwy. Hl/N11lR IlLW tXJL/J6N lUTE A&f.lITIFICA.17Q'\C H.S.7U z_ o 10 JO 10..........1 Ii........oI Feet 16+00 C;;'.t. CONST 'I/()()IFIEO' TYPE 'F' C&G REl.OCATED LIGHT POLE ~ TA UK/6J5 F 4.5 R EXlsr. LIGHT POt.E TO BE RElJY:ATED < , S A IT-#. . ., -, I EKIST EOP --- '. ~-- / I ~ <\j LEGEND ~-~f.!~~ _._.....0.... _....__... -..........- -......-..- __._01__'_"_ -...-.- TURN WlE/UEDIAN PAVEMENT WIDENING ~ PAVERS NORJ/AII TReBILCOCK. AICP, n: . 471/6 res CERTIFCATION OF NJTHORIZA,TKJN 1ItI. 27796 O!r.!.~,!m~.~~ IIU ItAPt. II: It", CtJU.JEIl 00VN7'T ~A.f7ON HUNTER BOULEVARD PLAN CO/lf'JNADO RWY,., HlINTBR 1JL~ GOUJtIJN GA. T7i MtUTIFTCA. T1ON. 1I.S.7U LEGEND ?/t4ee & A444d4te6 -~:'':=:'':=:;'I~:'--- ___...011.... _.."..__a --....... .-.-....... -~-..__..- -...-....- TURN LANE/MEDIAN PAVEMENT WIDENING ~ o 10 JO ~ I........J Feet D ~~- - ~+~ . ... ....j 23+~ ~ PAVERS IIJRJIAN TREBllJ:OCJ(. IJCP. PE. . '"116 rcs CERTIFCATION OF NJTHORIZATtON No. 27196 CCUIBIl COUN7T 1JlAMIiPQtTA11ON CCJIlO/I/dDDKWY&HlIN17l/lIlLIIP GOlJJ6N lUTe M:4l1'1'1F1CA7XW MS.7U HUNTER BOULEVARD PLAN 'r' C&G 6 ,,~ ~--:=:",,""=.::,'::-'"..':- --.....-.--- --- "--.,...- -~-~ -..---.- r RIW LINe . R/W UNE LEGEND JO HUNTER BLVD. TURN LANE/MEDIAN PAVEUENT WIDENING ~ ItORIIAN TREBILCOCK, AlCP. P! . ,"116 rcs CERTIFCATtON OF N/THORfZATtfJ/t No. Zl196 PAVERS cot.I.I6II otJttN1T nr.u.lSFQU'.tD:W crJRONADO PnI'T" /IlINm/t &JIP G/OiIJJIIN af.71l UAllT/Frdnt1/'( }tS.1U HUNTER BOULEVARD PLAN iO ~ , D 10 JO ~ Feet R/W LINE EXIST fOP ~-- ~~IW ~NE . 'Ii . ~ ..., VI ~ REl11Sl0MS ~!.~~~4 ""'-'-'-' -'......- _'.........._r_..-...._ _.~N_O<_._.._ -'...--- TURN LANE/liED/AN PAVEUENT WIDENING ~ ~ PROPOSED CURB LIP ELEVATION / '--" fOJ7- LONGITUDINAL TRANSITION TO STANDARD GRADE} LEGEND PAVERS NORIIAII TRCB/LC1XK. A/CP. PE . "'116 rcs CERTIFICAT/OIf OF N/THORfUT/ON 110. Z1796 aJI.L/8R ctKINTT ~A.TION HUNTER BOULEVARD PLAN CC'JIiONADO /lSWY'" HVN'TBIl 6Lr-2) GOLIJIlN GAre J//UU1'IFICA7Ja\C Jl.S.1U , .;' LEGEND "- " ~",. -~ R/W LINE TURN LANUI/COIAN PAVEI/ENT WIDENING r@ PROPOSED CURB UP ELEVATION (O.JX LONGITUDINAL TRANSITION TO STANDARD GRAlJC) ~ PAVERS NORMAN T~81L.Cf1CK. AICP. PE . 41116 rcs CERTIFCAT/ON OF AUTHORIZATION 1kI. ZT196 COLLIliIt CDlIN1T JlrAlII!PQtT"c'lJlQtf CORONAJJO KWT" /1lIlIITER "lID GOl.l1EN at771 MdllTJFK:AntW JU.1U HUNTER BOULEVARD PLAN EXIST EOP -~~N: LEGEND ~.~;.!~ ... __T...II__ _..........__ --...-- .--.".-- ...._..__.c_ -..-- TURN LANUIIEOIAN PAVEMENT WIDENING , o 10 3D .......... - Feet oi" t<@J PROPOSED CURB LIP ELEVA.TION to.J? LONGITUDINAL TRANSlTKJN TO $TANOARJ) GRADEl NORJIAJI TRCBItax:K, AtCP. P( . <111/6 rcs CERTIFICATIOIt OF N/THORIZAT/ON 110. 21796 ~ PAVERS ~ COI.J.J6Il COlIN1T 7JUN:SIlQITATION CORONtf1J(J KWY . HtINTBR IILIo2' Gt1l.D6N G4.TB 8&(lI'1'IF1G(1RMt NS.1U HUNTER BOULEVARD PLAN 6- WHITE J --~ UI I .... ::; l rRIW :E "- EXIST fOP , o 10 30 ~- Feet , 43+00 ,- 44+00 .,<" LOCATED LIGHT POLE .S -IOT96."II OFF s.o' 4/+00 ~ CONST 'It/ODIFlfD' TYPE 'F' C S1A +.(X) F IJL XIST. LIGHT PO. TO BE . REWCA TED 2.0 PROP TURN ARRCNIS ITYPJ PROP TURN '" '" 6 WHITE ~RIW LINE LEGEND ~ PROPOSED CURB LIP ElEVATION I ~ to.J? LONGITUDINAL TRANSITION TO STANDARD GRADEl ~ TURN LANE/MEO/AN PAVEMENT WIOENING ~ PAVERS NOfUlNi TREBJLDXK. NCP. PE . "'116 res CfRTlFlCATtOII OF N/THQRIZATIOII No. 27796 .......__.........11...._. -'--,'- ....--.-.---. _......,- --...- --~-- -..-- .!r.!.!!m.~.~~ USllIoUGIIm'f'lo'''Il' ""'ES" ", CtJUJ61l COIJli'1T ~...nqv COIlONdJ1(J PCFT iii lIVN1BR IILJID _ aUlr MACI771'lC<2l<W JUTU HUNTER BOULEVARD PLAN CONS J R~LlNe~~. ~ vi I- ~ III i!: 10 10 l , "" rR~ LINE HUNTER BLVD. 46+00 RElJJCATED LIGHT POLE STA 44+7/.90 OFF 5.7' 6" WHITf tiS LF PROPOSED T AARONS ITY TURN ARRfNfS tTYPJ -~~i ~-- J I ~:: LINe LEGEND ~ PROPOSED CURB LIP ELEVATION I ~ <<JJ7. lfJNGlTUOINAL TRANSITION TO STANDARD GRADEl ~!!~~:!4 -.-.....-. -.....--.. --.....- .-..-.....- ---"-"'-'.- -,.._- TURN lANE/MEDIAN PAVEMENT WIDENING ~ PAVERS NORMAN TREBILCOCK. A#CP. PE. . ,"116 rcs CERT1FCATJQN OF NJTHORIZATIOII No. 21196 CCI.L/IJR COUN7T 7JtANSA:Wf"A1'JON HUNTER BOULEVARD PLAN aJRONADO IIIwr... /ilIN17JR /lLW fXJUJEN af,1'fI .&It4UTIFICA.17GW MS.1U lJ1 I lJ1 l ~ ~ I ~ I ~ .... j ~ R~L:\ -< OFF ISR ~ "-.. I o 10 30 ~ Feet -, , C:) ~. -J. Ct) li so' '<C Ct) Cl:: '<C C(} '<C i-- <:: '<C V) ~ PAVERS ~ PfCJPOSEO CVRB UP ELEVATION f '--" (003;( LONGITUDINAL TlWiS1TION TO STANDARD GRADEJ JI(}/UIAJI TREBILaJCK. AJCP. PE. . Utl6 res CERTJFCATION OF NlTHQRfZAT/ON ~. U196 LEGEND /fE'IISIOII$ HUNTER BOULEVARD PLAN TURN LANE/UCOJAN PAVEUENT WIDENING COI.UIIII. COIINIT :rx.t/IISfIIQtTA.7JQN CfJ/lOItIdD() KWT" IIUN1D &v.D _ au,.. MAtf"'."U""" JlS.1U EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-1