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#07-4173 (Kraft Construction) TPA#1953633.11 lOK Gordon River Water Quality Park COLLIER COUNTY BID NO. 07-4173 COLLIER COUNTY, FLORIDA Design Professional: CH2MHiII, Inc. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 IOK i<'~ ~j Iii". ... I,' ',' f ,"j BID 07-4173 Gordon River Water Quality Park TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by CH2MHiII and identified as follows: Gordon River Water Quality Park as shown on Plan Sheets 1 through 209. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT 0: Stored Materials Records BID 07-4173 Gordon River Water Quality Park IOK . '1 i ,1'\< ' , ">'\ PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Gordon River Water Quality Park COUNTY BID NO. 07-4173 Separate sealed bids for the construction of Gordon River Water Quality Park, 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 8th day of August 2007, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 1 :00 p.m. LOCAL TIME on the 20th day of July 2007, 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, Gordon River Water Quality Park, Bid No. 07-4173 and Bid Date of August 8, 2007. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC- P-1 through GC-P-12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Prospective bidders must register on www.collierqov.netlpurchasinq by clicking on Vendor Registration. Once registered, potential Bidders may obtain a complete set of documents at: www.collierqov.netlbid The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. GC-PN-1 BID 07-4173 Gordon River Water Quality Park 10K:11 The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within five hundred and forty (540) 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 28th day of June 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Isl Stephen Y. Carnell, C.P.M. Purchasing and General Services Director GC-PN-2 BID 07-4173 Gordon River Water Quality Park 10K "~ ; ~;;~' 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 andlor 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 hislher 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-12 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 disklCD 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 BID 07-4173 Gordon River Water Quality Park 10K 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 Reauirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. 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. GC-IB-2 BID 07-4173 Gordon River Water Quality Park 10K HI , iii'-~ . Section 5. Siqninq of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC-IB-3 BID 07-4173 Gordon River Water Quality Park 10K opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Reauirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. GC-IB-4 10K q BID 07-4173 Gordon River Water Quality Park Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 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 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid 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. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 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. GC-IB-5 IOK BID 07-4173 Gordon River Water Quality Park Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major GC-IB-6 10K BID 07-4173 Gordon River Water Quality Park 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, andlor any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual andlor firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, andlor quotes; and, c. immediate termination of any contract held by the individual andlor 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-IB-7 10 K ,~I ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 252-8446 FAU<(239) 252-6697 ADDENDUM DATE: August 15, 2007 FROM: . Interested Bidders ~' " '" \/ , i Ii renda Brilhart, CPPB Purchasing Agent TO: SUBJECT: Addendum #4: BID #07-4173 - "Gordon River Water Quality Park" Addendum #4 covers the following change for the above-referenced Bid: This Addendum seeks to clarify past questions related to the Bid Schedule and the work as previously defined. Take special care to reference the revised Measurement and Payment Specification #01025, made part of this Addendum, which clearly defines the work to be performed according to the Categories listed on the Bid Schedule. Some changes were made to the Contract Drawings; please note those drawings for additional information. REPLACE: Bid Schedule (Fence for Property Boundary and Silt Fence Included). Measurement and Payment Specification Contract Drawings Bid Schedule QUESTIONS & ANSWERS: Q1: In Category 5 on Bid Schedule, concrete grid paver - bid 13,172 sf. A: CONCRETE GRID PAVER (TURF BLOCK) IS 3118 AND NOT THE 3 % INCHES THAT WAS STATED. Q2: On sheet 190 of the HVAC section for the Gordon River Quality Park, it specifies a 36" x36" Louver and on sheet 194 there is a 30" x 30" Louver. The details for this does not provide the type of material andlor conditions for the louver (for ego Is it Miami-Dade louvers?). Please clarify. lOK i,~ Bid 07-4173 Gordon River Water Quality Park Addendum #4 A: THE LOUVERS ARE SPECIFIED IN SECTION 10200. WIND PRESSURES ARE INDICATED ON THE BUILDING ELEVATIONS FOR EACH LOUVER. Q2: Fencing, no spec for type of fence (chain link, vinyl coated, and dimensions, etc.). Please clarify where the fence will run and how many feet. A: FENCING IS SPECIFIED ON CM2.01 AND OTHER LOCATIONS. Q3: There is no line item for the concrete striping at the paved parking areas A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q4: If we were to take the square footage for the concrete pavers only, we are close If we were to take into consideration for all the concrete striping, there is a vast difference Please advise. A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 INADDENDUM #4 FOR CLARIFICATION Q5: There are no specific details for the retaining walls north of the Education Building showing size of footings or height of walls. A: SEE REVISED BID SCHEDULE, REVISED DRAWINGS, AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. ~. Q6: What is the trellis line item for on Category 5 Trails and Boardwalks? A: SEE REVISED BID SCHEDULE, THERE IS NO TRELLIS ON THIS PROJECT. Q7: Is the miscellaneous paving item in Category 1 O-parking for the work to be done on Goodlette-Frank Road? A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q8: There are no line items for Kiosks, Informational Signs, and Entrance Signs A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q9: The quantities for Trash Receptacles and Benches are shown as 8 each. The Landscaping Plans show A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION Q10: 13- Trash Receptacles and 20- Benches is that correct? A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION Q11: In regards to the bid pkg for this project I have a question regarding Sheet # 179. It shows __ the cut of the boardwalk attached to the concrete pile. Can you clarify how the boardwalk structure is secured to the boardwalk as we can not determine from the drawings. A: SEE REVISED DRAWINGS IN ADDENDUM #4 FOR CLARIFICATION. 2 Bid 07-4173 Gordon River Water Quality Park Addendum #4 IOK k\I Q12: Also, in regards to the 40 LF x 24' wide vehicular load bridge, where can we get the "Bridge Builder USA" plans for this in order for us to bid this correctly? A: CONTACT BRIDGE SUPPLIER DIRECTLY FOR THIS ITEM. THEY WILL FURNISH AND INSTALL THE UNIT. SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR FURTHER CLARIFICATION. Q13: Category 12 on bid sheet has lines for Earthwork and Site work what specifically is the difference between the two units? A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q 14: What is the roof pitch on pavilions? It scales 4/12 is this correct? Also the sf on bid sheet does not match what I get, do we bid per bid sheet or actual square footage? A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q15: Are we to carry the cost of permits listed for us to secure in addendum 1? Or is the county to pay all permit fees? A: THE COUNTY WILL PAY FOR THE APPLICATION FEES FOR PERMITTING. Q 16: CU plans show water lines only going to 4 of the 7 pavilions, is this the intent or do we need ... to get water to all 7? Also plumbing sheet 199 says 1" water line, CU sheets 50-55 have 1", 11/2" & 21/2" please clarify where each size line is to start/change. (The enlarged plan on sheet 55 shows 21/2" line coming of 518" meter?? A: SEE PROJECT DRAWINGS. DRINKING FOUNTAINS ARE LOCATED AT SPECIFIC LOCATIONS ONLY. SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q17: A previous question asked for specs on the valves and magnetic flowmeter for the stormwater pump station, but the reply only addressed the valves. Can you supply a spec for the 8" magmeter? A: SEE COMMENT SHEET SPECIFIC TO THE MAGFLOWMETER AS WELL AS THE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q 18: Is there a square foot total for each of the wildflower mixes? How are we to determine the area to seed? A: SEE PROJECT DOCUMENTS, REVISED BID SCHEDULE, AND MEASUREMENT&PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q19: The irrigation Sheet Key still states the valves are existing. A: THERE ARE NO VALVES PRESENTLY ON THIS PROJECT SITE, PLEASE DISREGARD. 3 10 K ~~ Bid 07-4173 Gordon River Water Quality Park Addendum #4 Q20: Addendum 1 was supposed to answer the question of duplicated valve numbers for irrigation. Sheet 11.02 still has 5 #15 zone numbers. What is the intention? A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q21: There are numerous discrepancies between the plant list and an actual take off. Which takes precedence? A: SEE THE PROJECT DRAWINGS FOR THE CORRECT PLANT TAKE-OFF IN THE RELATED TABLES FOR CLARIFICATION. Q22: Dwg. 55-S-1.02 indicates 12x12 concrete piling extending to roof framing. What is total length of piling? What is embedded depth? Section A shows piling stacked, need connection detail? A: PILE DEPTH TO BE EMBEDDED A MINIMUM DISTANCE AS SPECIFIED IN THE CONTRACT DRAWINGS OR IN THE MEASUREMENT & PAYMENT SPEC #01025. Q23: Dwg 53-S-1.03 has sections that refer to a sheet 53-S-3.04. I cannot find this sheet or these sections. Please advise? A: SEE NEW DRAWING SHEET #176A FOR CLARIFICATION. Q24: Irrigation pump station has no ID dimension or length of alum grating. A: SEE REVISED CONTRACT DRAWINGS, BID SCHEDULE, AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q25: Curb inlets Type 7 look as if they should be type 5 or 6 throat tops with wings. A: SEE REVISED CONTRACT DRAWINGS, BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q26: As I said to you on the phone there is no provision in the bid tabulation for the gopher tortoise preserve. It does not seem to be included in the general plant list on the plans either. Please advise on how to proceed, we are in the process of putting together a separate price for the preserve and will get that to you when complete. A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q27: The vehicular free span bridge, it states in the latest addendum that bridge is to be designed and constructed by Bridge Builders USA or equal. What the specifications are for and "Equal" does this refer to both the design and contractor? In regards to the contractor what specifies and equal contractor. A: BRIDGE SHOULD BE ESTIMATED USING BRIDGE BUILDERS, USA; UP TO COUNTY AT NEGOTIATIONS TO DETERMINE IF AN EQUAL IS USED FOR VALUE ENGINEERING PURPOSES. Q28: Do we need to contact Bridge Builders for the design and specs? A: YES Q 29: The Plan Sheet 032 (CG1.04) depicts a proposed screen structure that is referenced to CD1.04. There are no details for the screen structure as referenced on Plan Sheet 068 (CD1.04.) A: THIS IS A FUTURE STRUCTURE NOT TO BE BIDDED AT THIS TIME. 4 10Ki~ Bid 07-4173 Gordon River Water Quality Park Addendum #4 Q30: The proposed 66 LF of 3x12 Reinforced Box Culver! on Plan Sheet 014 (CS2.01) is not detailed for the layout and elevations for the culvert, headwalls, cutoff walls, and the wingwalls. A: THERE ARE NO BOX CULVERTS ON THIS PROJECT; THE BRIDGE REPLACES THE BOX CULVERTS. PLEASE DISREGARD THIS EXTRANEOUS NOTE. Q31: There are no limits or complete design for the reshaping of the existing drainage ditch on the Plan Sheet 030 (CG1.02). The Plan Sheet 046 (CG3.02), Section 2, depicts a random cross- section for the proposed ditch but it is not conclusive of the limits. A: THERE IS TO BE NO RESHAPING OF THE DITCH EXCEPT WHAT IS REQUIRED AT THE PUMP INTAKE STRUCTURE. SEE REVISED CONTRACT DRAWINGS, BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q32: The Plan Sheets 026 (CS2.13) and 027 (CS2.14) depict to raise the existing storm drain structures but there is no detail on the ditch grading that will be effected. A: GRADE SHOULD ADJUSTED TO DRAIN INTO THE REVISED STORM DRAIN STRUCTURES Q33: Is the bid item for CATEGORY 5- TRAILS & BOARDWALKS, 125.13 CY 6" & 8" Thick Linework Laver, to be the Iimerock base layer for the 3,180 SY 6" Wide Walkinq Train Pavinq? A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q34: Are there details for the CATEGORIES 6, 7, & 8-SPLlTTER BOXES 1,2, & 3? A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION; THESE ITEMS WERE NOT USED. Q35: Are there details for CATEGORY 9- POND & WETLAND CONTROL STRUCTURES, Slabs on Grade and Walls @ CS-A1 throuqh CS-D? A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION; THESE ITEMS WERE NOT USED. Q36: Is the quantity correct for CATEGORY 9-POND & WETLAND CONTROL STRUCTURES, 45 SY Gravel Surfacinq? And, does this item relate to the 6" thick limerock layer as depicted on Plan Sheet 016 (CS2.03) that is 50' wide and scaled to be approximately 90 LF that would be a greater quantity? A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. Q37: The quantity for CATEGORY 11-STORM WATER PUMP STATION, 1.7 CY Concrete Encasement, is limited. The Plan Sheet 056 (CM1.01) depicts concrete encasement for the underground piping from the wetwell (right) and the 10" FCA transition to PVC (left) with no limits. Does the concrete encasement extend the length of the two underground pipe runs as depicted on Plan Sheet 050 (CU1.01)? A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION; THESE ITEMS WERE NOT USED. 5 Bid 07-4173 Gordon River Water Ouality Park Addendum #4 10K if4~ -- 038: The CATEGORY 14-YARDPIPING does not have bid items for the 10" HDPE Solid, 10" HDPE Perforated, and Draintech Inlets as depicted on Plan Sheet 038 (CG1.01). Also, there is no bid item for the 36" RCP Pipe that is depicted throughout the site plans. A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION; THESE ITEMS WERE NOT USED. 039: In category 4 - landscaping is the list of wildflowers restricted to only those listed in the spec or are equal seeds acceptable? ABID THE ITEMS LISTED. 040: In category 1 please expand on your description of aluminum doors? A. REFER TO THE DOOR SCHEDULE ON SHEET 53-A-7.02 OR THE SPECIFICATIONS FOR MORE INFORMATION. 041: Has the county secured a dewatering permit with SWFWMD? If so is a copy available? A. AS OF TODAY, THE PERMITS HAVE BEEN APPLIED FOR AND THE COUNTY EXPECTS RECEIPT BY AWARD DATE. 042: Will construction start be based on issuance of a building permit? A. IF THERE ARE PORTIONS OF THE PROJECT THAT CAN START WITH OUT A PERMIT, THE PROJECT MANAGER WILL ISSUE AN NTP. - 043: Will the owner purchase flood and windstorm insurance? A THE ANSWER IS MAYBE. AS FOR FLOOD, IT DEPENDS ON THE TYPE OF PROJECT AND IF IT IS IN FLOOD AREA. AS FOR WIND, NORMALLY YES. BUT IF THE PROJECT IS A BRIDGE OR OVERPASS, I MIGHT EXCLUDE WINDSTORM FROM THE BUILDERS RISK POLICY. THE BOTTOM LINE RISK WILL MAKE THAT DETERMINATION. 044: What items will the owner want to include as DMP? A. AT PRESENT, THE COUNTY HAS NOT DETERMINED WHAT WILL BE DIRECT PURCHASED. 045: Can the ID badge be general contractor supplied? A DOES NOT APPLY. 046: Are standard concrete pavers a component of Grid Pavers listed in category 12? A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION. 047: Please provide specification for asphalt pavers listed in category 12? A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION; THESE ITEMS WERE NOT USED. ._ 048: Please provide further description of the "I&C" listed under category 11? A. I&C INFORMATION IS PROVIDED ON SHT. CM1.02, PUMP OPERATING TABLE AT BOTTOM OF PAGE. 6 Bid 07-4173 Gordon River Water Quality Park Addendum #4 10 K lij Q49: Please identify the 815 sf of structural wood in category 3? A. THIS REFERS SPECIFICALLY TO THE ROOF SHEATHING. Q50: Is a narrative of components per item description available? A. UNCLEAR AS TO WHAT YOUR QUESTION IS REFERRING TO. Q51: For the education building what differentiates the spread footings from the continuous footing? A. COMMON PRACTICE HAS A SPREAD FOOTING AS AN INDEPENDENT, STAND ALONE FOUNDATION UNIT Q52: For the heavy timber specifications sizes, such as 12" x 12", can greenheart wood be substituted in those larger sizes? A NO SUBSTITUTIONS ARE ALLOWED OTHER THAN WHAT HAS BEEN PRESENTED IN THE ADDENDA Q53: Where are the details for the 5 trellis called out in category 5 shown on the plans? A. THERE IS NO TRELLIS IS INCLUDED ON THIS PROJECT, THE BID SCHEDULE WILL BE REVISED TO REFLECT THIS. Q54: In category 1 of bid form provided with addendum #1, we cannot read the description for bid _ item containing 200 LF? Please provide this description. A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION; THESE ITEMS WERE NOT USED. Q55: How do we differentiate between the concrete grid pavers listed on bid form category 5 from concrete grid pavers listed in category 12? A: SEE REVISED BID SCHEDULE AND MEASUREMENT & PAYMENT SPEC #01025 IN ADDENDUM #4 FOR CLARIFICATION; THESE ITEMS WERE NOT USED. Q56: On bid form, category 1, please clarify the difference between line item called "lapped siding" and other line item called "exterior wall w/siding". These seem to be overlapping the siding scope. A. EXTERIOR WALL W/SIDING IS THE CORRECT BID ITEM; THE BID SCHEDULE HAS BEEN REVISED. Q57: Please clarify that no matter what the actual quantities are for a bid item, we are to turn in our bid form without modifying the quantities the County has listed? A. CORRECT. Q58: In category 12 on bid form, what are asphalt pavers? If this is asphalt paving, how is this line item scope different than Category 10 paving? A. BID SCHEDULE HAS BEEN REVISED TO CLARIFY ASPHALT PAVING. Q59: On plan 124, a kiosk detail is shown. Are we to provide the kiosks in bid? If yes, how many and which line item on bid form? A. BID SCHEDULE HAS BEEN REVISED TO CLARIFY SIGNAGE, SEE CATEGORY 5 7 Bid 07-4173 Gordon River Water Ouality Park Addendum #4 10K i~~ 060: Category 1 on bid form lists gutters as a lump sum line item. Plans do not show rain gutters on the Educational Facility? Please quantify this scope. A. THERE ARE NO GUTTERS ON THIS PROJECT; BID SCHEDULE HAS BEEN REVISED. 061: Where are the 500 sf of pavers listed in Category 1 of bid form for the Educational Facility? A. BID SCHEDULE HAS BEEN REVISED TO CLARIFY ALL PAVERS, SEE CATEGORY 12. 062: What is to be included under miscellaneous asphalt paving line item on bid sheet 7 of 12? A. THIS ITEM HAS BEEN REVISED TO STATE "CONCRETE PAVING" AND THE BID SCHEDULE HAS BEEN REVISED ACCORDINGLY. 063: Is there a drawing detail for the 6" ribbon curb surrounding the grid pavers as referenced on plan sheet 72? A. THIS ITEM HAS BEEN REVISED ON SHEET CD1.08 TO DEFINE THE CORRECT DEPTH AND CURB TYPE. IS THERE A NEW PLAN SHEET? 064: Where on the bid form do we include: plants from sheets 102,103, & 104? Plants from sheets 112 thru 120? Plants from sheets 143,144, & 145? A. THIS ITEM IS ADDRESSED IN CATEGORY 4. 065: Please define where the 4" - 6" planting soil is to be provided. This could be a huge dollar amount if truly expected too be added in the seeded and planting areas. A. THIS ITEM HAS BEEN CLARIFIED ON THE PLANTING SPEC #2930 REVISED. 066: Where is sod areas defined on plans? Is sod to be Bahia or floratam? What line item on bid form do we put sod under? A. THIS ITEM IS ADDRESSED ON THE BID SCHEDULE, CATEGORY 4, GROUND COVER. 067: What is spec for root barrier material? A: REVISED SPEC AND DRAWINGS PROVIDED. 068: Please provide a specification for the "fiberglass doors and frames" in category 2 - restrooms. A. BID SCHEDULE HAS BEEN REVISED TO CLARIFY THAT THE RESTROOM DOORS AND FRAMES FOR ALL BUILDINGS ARE SCHEDULED AS HOLLOW METAL. 069: What is the difference in category 5 between the overall path and the 6' wide walking train paving as they appear to be similar in description and in quantity? A. BID SCHEDULE HAS BEEN REVISED TO CLARIFY CATEGORY 5 070: Will the county handle the eviction and relocation of current residents on site prior to the start of construction? A. THERE ARE NO LEGAL RESIDENTS RESIDING ONSITE. 8 10K i';...~' ~. llif4 " Bid 07-4173 Gordon River Water Ouality Park Addendum #4 071: Addendum # 1 did not answer the question of specifications for 8" magmeter; will you issue a specification requirement? A. ADDITIONAL INFORMATION REGARDING THE MAG FLOW METER WILL BE INCLUDED IN THIS ADDENDUM. 072: Please confirm all piles will be driven on land and not in the water. A. CANNOT GUARANTEE THAT ALL PILES WILL BE DRIVEN ONLY ON LAND AND NOT IN WATER - THE BOARDWALK SPECIFICALLY GOES THROUGH A WETLAND, SO CONDITIONS OF WETLANDS SHOULD BE CONSIDERED APPROPRIATELY. 073: Please confirm tie in does not require exposing strands in piles A. EXPOSING STRANDS IN PILES ARE NOT EXPECTED ON THIS PROJECT, 074: Please confirm there is no axial load test on piles. A. THE SPECIFICATIONS LIST ALL REOUIRED TESTING FOR PILE DRIVING. 075: What are the species and size of the unidentified wood rafters on the framing plan, sloping from timber truss to eave at approximately 3' on center? A. THESE MEMBERS ARE PART OF THE SOUTHERN YELLOW PINE HEAVY TIMBER ROOF FRAMING (J-4 JOISTS). THEY ARE CONTINUOUS FROM INTERIOR TO EXTERIOR. AT THE CORNERS, THESE ARE EXTENSIONS OF THE T-1 TRUSSES WHICH ARE ALSO FROM SOUTHERN YELLOW PINE. 076: Please confirm there are no battered piles A. BATTERED PILES ARE NOT USED ON THIS PROJECT AND WOULD HAVE BEEN CLEARLY IDENTIFIED IF USED. 077: How many test piles will be required? A. TEST PILES ARE A FUNCTION OF THE PILE INSTALLATION AND SUFFICIENT PILES SHOULD BE INSTALLED TO FIELD VERIFY ADHERENCE TO THE LOADINGS REOUIRED UNDER THE SPECIFICATIONS FOR PILE DRIVING. 078: If materials, such as Ipe timber, can not be secured due to availability or unforeseen circumstances within half of the total construction schedule will alternates be offered as to keep the schedule? A. IPE MATERIALS ARE NOT IN SHORT SUPPLY IF ORDERED IN ADVANCE ACCORDING TO SUPPLIERS WE HAVE CONTACTED. ANY CHANGE IN MATERIAL AVAILABILITY SHOULD BE DISCUSSED WITH THE COUNTY AFTER PROJECT AWARD. 079: Where can we secure the design for the 40 ft freespan (H-20) bridge? What constitutes an equal contractor in relation to Bridge Builders USA? A. BRIDGE BUILDERS WILL SUPPLY THE DESIGN, COMPONENTS, AND CREW TO BUILD THE STRUCTURE. CONTACT THEM DIRECTLY FOR APPROPRIATE PRICING. 9 10K Bid 07-4173 Gordon River Water Quality Park Addendum #4 1. The Plan Sheet 032 (CG1.04) depicts a proposed screen structure that is referenced to CD1.04. There are no details for the screen structure as referenced on Plan Sheet 068 (CD1.04.) A SHEET CD1.04 WILL BE MODIFIED; 24" DI PIPE WILL BE FUTURE WORK. 2. The proposed 66 LF of 3x12 Reinforced Box Culvert on Plan Sheet 014 (CS2.01) is not detailed for the layout and elevations for the culvert, headwalls, cutoff walls, and the wingwalls. A. TEXT WILL BE DELETED AND THE SHEET WILL BE REPLACED. 3. There are no limits or complete design for the reshaping of the existing drainage ditch on the Plan Sheet 030 (CG1.02). The Plan Sheet 046 (CG3.02), Section 2, depicts a random cross-section for the proposed ditch but it is not conclusive of the limits. A. THERE IS A NOTE ON SHT CG1.02 THAT WILL BE DELETED AND THE SHEET WILL BE REPLACED. THERE IS TO BE NO DITCH RESHAPING. 4. The Plan Sheets 026 (CS2.13) and 027 (CS2.14) depict to raise the existing storm drain structures but there is no detail on the ditch grading that will be effected. A. WE ARE REGRADING THE AREA, BUT NOT SIGNIFICANTLY. TOP OF GRATES WILL BE RAISED TO TOG 6.75 FT MSL OR AS SHOWN ON SHT CG1.13-15. THE HATCHING WILL BE DELETED AND THE SHEETS WILL BE REPLACED TO AVOID CONFUSION. 5. Is the bid item for CATEGORY 5- TRAILS & BOARDWALKS, 125.13 CY 6" & 8" Thick Linework Layer, to be the limerock base layer for the 3.180 SY 6" Wide Walkinq Train Pavinq? A. YES 6. Are there details for the CATEGORIES 6,7, & 8-SPLlTTER BOXES 1,2, & 3? A. NO, THESE STRUCTURES WERE REMOVED DURING FINAL DESIGN. 7. Are there details for CATEGORY 9- POND & WETLAND CONTROL STRUCTURES, Slabs on Grade and Walls @ CS-A1 throuqh CS-D? A. NO, THESE STRUCTURES WERE REMOVED DURING FINAL DESIGN. 8. Is the quantity correct for CATEGORY 9-POND & WETLAND CONTROL STRUCTURES, 45 SY Gravel Surfacinq? And, does this item relate to the 6" thick limerock layer as depicted on Plan Sheet 016 (CS2.03) that is 50' wide and scaled to be approximately 90 LF that would be a greater quantity? A. NO, THE QUANTITY REFERS TO THE ORIGINAL STRUCTURES WHICH WERE REMOVED DURING FINAL DESIGN, LEAVING ONLY ONE SUCH STRUCTURE. ESTIMATE QUANTITIES FOR THIS REMAINING STRUCTURE ONLY. THE 615 SY OF GRAVEL PAVING ON SHT CS2.03 SHOULD BE INCLUDED. 10 10 K ,~,~~.~ Bid 07-4173 Gordon River Water Quality Park Addendum #4 9. The quantity for CATEGORY 11-STORM WATER PUMP STATION, 1.7 CY Concrete Encasement is limited. The Plan Sheet 056 (CM1.01) depicts concrete encasement for the underground piping from the wetwell (right) and the 10" FCA transition to PVC (left) with no limits. Does the concrete encasement extend the length of the two underground pipe runs as depicted on Plan Sheet 050 (CU1.01)? A. CONTINUE CONCRETE ENCASEMENT 5 LF PAST EDGE OF BLDG, EA SIDE, AND MAINTAIN THE SAME BID QUANTITY. 11 Bid 07-4173 Gordon River Water Quality Park Addendum #4 IOK ,t~~ Magmeter Specification On drawing CM1.01, an 8-inch magmeter is called out for monitoring the flowrate of the stormwater pump station. The following component specification applies to this magmeter: 1. General: a. Function: Measure, indicate, and transmit the flow of a process liquid in a full pipe. b. Type: Electromagnetic flowmeter, with operation based on Farday's Law, utilizing the pulsed dc type coil excitation principle with high impedance electrodes. c. Parts: Flow element, transmitter, interconnecting cables, mounting hardware, and calibrator. 2. Service: a. Stream Fluid: Stormwater b. Flow Stream Descriptions 3. Performance: a. Flow range: As noted b. Accuracy: Plus or minus 1 percent of rate for all flows resulting from pipe velocities of 1 to 33 feet per second. c. Turndown Ratio: Minimum of 10 to 1 when flow velocity at minimum flow is at least 1 foot per second. 4. Features: a. Zero stability feature to eliminate the need to stop flow to check zero alignment. b. No obstructions to flow. c. Very low pressure loss. 5. Process Connection: a. Met Size: As noted. b. Connection Type: 150-pound ANSI raised-face flanges or wafer style depending on meter size, unless otherwise noted. c. Flange Material: Carbon steel, unless otherwise noted. 5. Signal Interface: 4 to 20 mA dc for load impedance 0 to 800 ohms minimum for 24V dc supply. 7. Power: 120V ac, 50-Hz, unless otherwise noted. 8. Element: a. Meter Tube Material: Type 304 stainless steel, unless otherwise noted. b. Liner Material: Teflon, unless otherwise noted. c. Liner Protectors: Covers on each end to protect liner during shipment. d. Electrode Type: Flush or bullet nose as recommended by manufacturer for the noted stream fluid. e. Electrode Material: Type 315 stainless steel, unless otherwise noted. f. Enclosure: NEMA 4, unless otherwise noted. g. Grounding RinglElectrode Material: Type 315 stainless steel, unless otherwise noted. 9. Transmitter a. Display: Indicating and totalizing. b. Mounting: Pipe stand, wall, panel, or integral as noted. c. Enclosure: NEMA 4X. d. Zero and Span: Field adjustable. e. Indicator: Digital 15-character display, with scale range as noted. f. Totalizer: Digital 15-character display, with totalizer unit digit value as noted. 12 10 K 4i Bid 07-4173 Gordon River Water Quality Park Addendum #4 10. Cables a. Types: As recommended by the manufacturer. b. Lengths: As required to accommodate device locations. 11. Calibration Features: a. Features: i. Field programmable electronics. ii. Self diagnostics with troubleshooting codes. iii. Ability to program electronics with full scale flow, engineering units, meter size, zero flow cutoff, desired signal damping, totalizer unit digit value, etc.. iv. Initial flow tube calibration and subsequent calibration checks. b. Equipment: i. Built-in electronics with each unit provided. 12. Manufacturer: Rosemount; Model 8705 flow tube with Model 8732C Smart Transmitter. Changes to Pipe and Valve Sizes As shown on drawings CG1.01, CM1.01, and CM1.02, a 4-inch ductile iron pipe (DIP) is shown as a discharge line from Pump Unit #1. All 4-inch DIP, including all fittings and valves should be changed to 6-inch. A 4x6-inch reducer will be required to transition for the discharge elbow of Pump Unit #1 to 6-inch DIP inside the pump station wet well. Drawings CM1.01 and CG1.01 show a transition from 8-inch DIP to 1O-inch DIP within the maintenance building to 1Q-inch PVC force main. All 1O-inch DIP and 1O-inch PVC force main should be reduced to 8-inch diameter. 13 10 K I" ";'\ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 252-8446 FAX (239) 252-6697 ADDENDUM DATE: August 9, 2007 TO: Interested Bidders !\ \ FROM\ C-A1J; Brenda Brilhart, Purchasing Agent \\ . ~c/ SUBJECT: Addendum #3: BID #07-4173 - Gordon River Water Quality Park Addendum # 3 covers the following change for the above-referenced Bid: CHANGE: Bid due date has been extended until August 22, 2007. A fourth addendum will be distributed next week. If you require additional information please call me directly at 239/774-8446 or bye-mail brendabrilhart@collierqov.net 10 K 1~f' ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8446 FAX (239) 530-6697 ADDENDUM DATE: August 3, 2007 TO: .Interested Bidders Ichl FROM: \\:'1 JBrenda Brilhart, Purchasing Agent SUBJECT: Addendum #2: BID #07-4173 - Gordon River Water Quality Park Addendum # 2 covers the following change for the above-referenced Bid: CHANGE: The Bid Due date has been changed to August 15, 2007 at 2:30 p.m. Questions will only be accepted until 5:00 p.m. on August 7,2007. CLARIFICATION: Recessed Foot Grille (Specification 12482) Manufacturer: Construction Specialties Model: Pedigrid G1 Grid Frame: LB (Level Base) Treads: V (Vinyl) Length: 3 ft. Width: 6 ft. NATURAL CREATIONS EarthCuts ITEM DETAIL PRODUCT: NATURAL CREATIONS EarthCuts ITEM NUMBER: TP501 COLOR: sierra taupe FORM: Tile DIMENSIONS: 18 in x 18 in LIGHT REFLECTIVITY: 40-44 % http://www.armstronq.com/commfloorinqna/product details toolbox maqnifv.isp?item id=97180& cateqorv=lux vinvl If you require additional information please call me directly at 239/774-8446 or bye-mail brendabrilhart@collierqov.net 10 K rn~~ ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL AfiM(NTsTRATIVE-SEI'iWCES~DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8446 FAX (239) 530-6697 ADDENDUM DATE: August 1, 2007 TO: ,'~nterested Bidders /~ FR~~/ renda Brilhart, Purchasing Agent SUBJECT' Addendum #1: BID #07-4173 - Gordon River Water Quality Park Addendum # 1 covers the following change for the above-referenced Bid: REPLACE: Bid Schedule with attached. Bidders must submit this Addendum schedule in order to be considered for bid award. CLARIFICATION: . County will supply all permits with the exception of the City of Naples requirements: Listing of the City of Naples permits that are required (minimum). . Site Work Permit . Construction Temporary Use Permit . Construction Site Management Form . Sign Permit . Commercial - New Permit . Fire Sprinkler of Underground Fire Line Permit . Fire Alarm Permit . Fence Permit . Utilities . Electrical Permit . Plumbing Permit . Mechanical Permit This can be accessed on the website http://buildinq.naplesqov.com/ Bid 07-4173 Gordon River Water Quality Park Addendum #1 IOK.I'd Carpet clarification per a request from Shaw Carpet. Please note that carpet finishes correspond to Sht#53-A-7.01 and Spec. VoL 1,09690,201 CPT2: Color Name: Twine Color #: 59761 Style Name: Synthesis IV Style #: 59459 CPT3: Color Name: Silver Lining Color #: 58530 Style Name: Kinetic EW24 Style #: 59359 Note: CPT3 has the same style name and style # as CPT1. QUESTION & ANSWERS: Q: Take off on boardwalk was lower than what was provided (4,000 vs. 8,000 LF) A: Scale on the 11 x 17 sheets is 1/20; BOARDWALK LENGTH REVISED TO 3,700 LF Q: Sheet 12, SD 101 - large area is crosshatched and according to legend this is to be demolished, is this correct? A: On this sheet only, this denotes gopher tortoise area. Q: Are there additional details on the timber bridge on the North side? A: THE TIMBER BRIDGE IS TO BE A 24-FOOT WIDE (TRAVEL LANE WIDTH) BY 40 FOOT LONG. THE BRIDGE SHALL HAVE A FREE SPAN OF 40 FEET AND DESIGNED FOR H- 20 LOADING. BRIDGE TYPE SHALL BE AS DESIGNED AND BUILT BY BRIDGE BUILDERS USA, INC. OR EQUAL Q: Is there a geo-tech report? A: Yes, attached Q: Is this going to be a phased project? A: No, awarded to one vendor. Q: What owner's name is place on the bond? A: "Collier County Board of County Commissioners" Q; On irrigation sheets, valve numbers are duplicated? A: SEE REVISED IRRIGATION DRAWINGS SUBMITTED Q: On Sheet 133, main line goes and then suddenly stops - no attachment to valve A: SEE REVISED IRRIGATION DRAWINGS SUBMITTED 2 Bid 07-4173 Gordon River Water Quality Park Addendum #1 10K "~.. ~ ,f~-, ~j ':i ;;'l"i~ _ Q: Sheet 125, legend states "valves are existing", are they? A: SEE REVISED IRRIGATION DRAWINGS SUBMITTED Q: Where is the spec sheet for the irrigation pump? A: SEE REVISED IRRIGATION DRAWINGS SUBMITTED Q: Sheet 126, Page 101, heavy black line, please define. A: Gopher Tortoise Area Q: Specs state that planting may use soil, state quantity and add to bid schedule. A: SEE REVISED IRRIGATION DRAWINGS SUBMITTED Q: Is 3 phase power available for the pump station, or does it have to be ran? A: Power will be available to meet specified equipment. Q: What is typically listed on the "List of Materials" form? List of Sub-Contractors? A: Materials could include: paint, acoustical tile, hurricane straps, irrigationllandscape, etc. Sub-Contractors could include irrigationllandscape, glass, painting, structural metal, electrical, HVAC, roofing, etc. Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: 1. What is the water source for the wet well and is the wet well already in place? Water comes from ditch. Wet well is to be built per plans. Type "2" deck on sheet 170 refers to 1 x4 decking on outside porch yet all the details show 2x6? All walkway wood decking is 1 x 4 IPE. In section 1500--Engineer's office equipment--do we need to provide two computers complete with software programs? No What material or finish is the sidewalk outside the restroom building at the NW corner of the property? Broom Finish I CANNOT FIND SECTION 02371 IN THE SPECS IT REFERENCES THIS SECTION IN 02374. CAN YOU PLEASE PROVIDE? Revised Spec 02374B is attached. I CANNOT FIND ANY SPECS FOR THE VALVES & MAG METER ON THE STORMWATER PUMP STATION. CAN YOU PLEASE PROVIDE THESE? Section 01500, Valves shall be revised to include the following valve products related to the stormwater pump station: Type V405 Eccentric Plug Valve 3 Inches to 12 Inches: a. Nonlubricated type rated 175 psig CWP, drip-tight shutoff with pressure from either direction, cast iron body, exposed service flanged ends per ASME B 16.1 or grooved 3 Bid 07-4173 Gordon River Water Quality Park Addendum #1 10 KjQ~ ends in accordance with AWWA C606 for rigid joints, buried service mechanical joint ends, unless otherwise shown. b. Plug cast iron with round or rectangular port of no less than 80 percent of connecting pipe area and coated with Buna-N, seats welded nickel, stem bearings lubricated stainless steel or bronze, stem seal multiple V-rings, or U-cups with a-rings of nitrile rubber, grit seals on both upper and lower bearings. c. For buried service, provide external epoxy coating. d. Operators: i. 3-lnch to 4-lnch Valves: Wrench lever manual. ii. 6-lnch to 12-lnch Valves: Totally enclosed, geared, manual operator with handwheel, 2-inch nut, or chain wheel. Size operator for 1.5 times the maximum operating shutoff pressure differential for direct and reverse pressure, whichever is higher. For buried service, provide completely sealed operator filled with heavy lubricant and 2-inch nut e. Manufacturers and Products: I. Pratt; Ballcentric. II. DeZurik; Style PEC. III. Milliken; Millcentric Series 600 2. Type V608 Swing Check Valve 2 Inches to 24 Inches: a. AWWA C508, 125-pound flanged ends, cast iron body, bronze body seat, bronze mounted cast iron clapper with bronze seat, stainless steel hinge shaft. b. Valves, 2 inches through 12 inches rated 175-pound WWP and 14 inches through 24 inches rated 150-pound WWP. Valves to be fitted with adjustable outside lever and spring. Increasing-pattern body valve may be used where increased outlet piping size is shown. c. Manufacturers and Products: i. M&H Valve; Style 59, 159, or 259. ii. Mueller Co.; No. A-2600 Series. Q: Is there to be fire sprinklers in Educational Building, Restrooms & Maintenance as there is unit price line but I can't find anything on plans or spec's PLEASE CLARIFY ON ALL BLDGS A: The Restroom and Maintenance buildings do not require fire sprinklers either. Q: Is the only fence on this job the 100' at sanity pump station? A: Yes, but does not include construction fence, etc. Q: Is this to be a unit price job or lump sum? if lump sum why can't the successful bidder supply the unit price breakdown within 24 or 48 hours of bid opening? as this is difficult to breakdown on bid day. A: The bid schedule will remain as specified, per line item. Q: When will the soils report be available? A: SEE ATTACHED Q: Is waste included in bid schedule quantities? A: NO 4 Bid 07-4173 Gordon River Water Quality Park Addendum #1 10Ki'l Q: Is an expanded detail of components included per "item description" on the bid schedule available? A: No Q: For items not included in the bid schedule, but shown on the plans, where are the costs to be included? Or by excluding from the bid schedule are the items excluded from the contract? A: Every effort has been made to include all bid items on the bid schedule, any items excluded should be listed on a separate sheet and provided with bid package submittaL Q: Is the intention of the bid schedule to have a "Grand Total"? A: SEE ATTACHED REVISED BID SCHEDULE Q: Sheet 53-A-7.01 refers to exposed timber and plank to be clear coated---does that include all railings and boardwalk as well? A: No. Ipe wood (Specification 06050) shall not be coated. Only heavy timber construction (Specification 06130) shall be clear coated. Q: Is the T&G decking for the pavilions part of the framing package? A: The pavilion T&G decking is not framing. It is the roof deck, same as for the Education Building Q: Door 5304A appears to be improperly identified in the door schedule compared to the plans. What type and what item description would you like that door included with? A: Door 5304A is identified properly as Type B (flush) and plastic laminate finished (Specification 08216). Q: Will the gopher tortoise relocation be part of the general contractor's scope of work A: Gopher tortoise relo is not part of contract but creation and maintenance of those areas is. Q: The plans call for (2)- pump stations but only the dimensions for pump station #1 are provided. Can these be supplied? A: The pump stations are identical, different final elevations. Q: The plans have 8" C900 pipe on them, however there is no pay item for it. Can you please advise? A: Add to Miscellaneous Piping line item. Q: Category 14 has 6" DIP pipe in bid schedule, however I cannot find any DI pipe on the plans. It calls for all C900 pipe. Can you please advise? A: There is DIP on the plans, see Stormwater and Sanitary Pump Stations. Q: Category 9 calls for (5)- sluice gates. Can you supply sizes and specifications for these? A: Sluice gates were removed from the design and the bid schedule. Q: Will southern yellow pine piling be considered? A: No. 5 Bid 07-4173 Gordon River Water Quality Park Addendum #1 Q: Will there be any flexibility on the substructure using southern yellow pine? A: No. Q: Do you have any soil borings? A: Yes General Conditions Include the Following: Project Control Personnel & Project Cost Project Manager (Home Office) Senior Estimator/Purchasing Agent Project General Superintendent Civil Superintendent Mechanical Superintendent Electrical Superintendent Construction Manager Office ClerklTime Keeper Project EngineerlScheduler (assume 2.5 Req'd) Job EngineerlSafety Engineer General Purpose Laborer Assigned to Project -- Relocation Expense Main Home Office Expense Travel Expenses Field Engineering Requirements Surveying, crew for building layout, 2 person crew Project Engineers, Revised Layouts & Coordination Sepia As-Builts Aerial photos, initial fly-over, 6 shots, 1 print ea, 11" x 14" Regulatory Requirements Building Permit Performance Bonds Insurance, All-Risk Project Meetings & Partnering Project Meetings & Partnering Sessions Submittals Site Safety Plan Operation & Maintenance Manuals -- Project Equipment & Materials Project General Superintendent Vehicle Rental Civil Superintendent Vehicle Rental 10K ) .. ..~ ~/"ij. f, .il' ., 6 Bid 07-4173 Gordon River Water Quality Park Addendum #1 10 K \111' Mechanical Superintendent Vehicle Rental Electrical Superintendent Vehicle Rental Construction Manager Vehicle Rental Project Engineer Vehicle Rental First Aid Supplies Small Tools Personnel Protective Equipment Crawler Crane, 100 Ton General Conditions Dewatering Pumps wlHoses Portable Chemical Toilets Water Coolers, Ice & Cups Cell Phones Temp Utilities Telephone Service Electrical Charges Water Usage Charges Temporary Heat Field Office & Shed _ Contractors Office Trailer Setup I Teardown of Office Trailer Office Equipment & Furniture Office Trailer Cleaning Office Supplies & Consumables Temp Controls & Facilities Fencing, rented chain link, 6' high, over 1000', (up to 12 mo.) Control Barriers (K-Rail) Project General Cleanup General Project Employee Safety Training Project Sign Contract Closeout Project Closeout If you require additional information please call me directly at 239/774-8446 or bye-mail brendabri Iha rt@collierqov.net Encs: Bid Schedule Plan Sheets (Irrigation 1-16; Sheets 56,58,59,71) Geo-Tech Report Soil Specs Riprap Specs 7 10K :i~i~j 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 "" "" "" if} "" '" "" "" "" "" "" '" "" "" "" "" '" "" '" "" ~ ~ ~ ~ -;;; F.!- 3: , toO 0: 2 . ill ~ '" c<: '^ 0: '" .~ '" r toO ~ , " .5 '" '" '" '" >-< ,-< >-< en > ~ u x ~ >-< '" 0 0: N '^ 0 u (J) >-< 2 0 ,-< '^ >-< toO toO ~ 0 x (J) U ~' (J) (J) .5 0: '^ 0 w.l '0 ~ en U '^ .... > ~ en >-< '" '^ '-< >-< " 0 " '0 (J) .... u " 0 0 -;;; >-< 0 0 (J) >-< " (J) 0 Ul 0 >-< toO '-, (J) >--< ~ >-< 0 '" ',p ~ 0 '^ '0 0: '0 '0 -;;; (J) (J) 2 '0 's u (J) (J) 0: en ~ 0: 0 '-< 15 0 0 :t: cc 0 " .D 0: en 0 ~ >-< > '" >-< 0 '@ .!!i '" 0: 0 0 '" 0 0 '" " cc (J) 0 " ~ '" U'l cc n:: :;E 0 3: 3: 3: :;E '" :;E 3: =2 CJl "-< CJl U c<: u c<: U CI , ~ ~ ~ >< >< >< >< ~ CJl ~ ~ ~ ~ ~ CJl < < < ~ ~ ~ ~ CJl U U U U > ~ ~ CJl CJl CJl CJl CJl ~ CJl ~ "-l Ul 0 "- en u; 0 0 en 0 "" u; '" "- ,-< 0 N " co' en 00 ,.., 0 N 00 ,-< en 0 "" ~ " "" "" N u; ,-< N "" N N N U; 00 '" "" 00 N '" en ,-< '" ,-< N r '0 0 0 z~~ fFt '" - '- '" c ~ Q) 0 " fo- " <1; 0 0 -;;; 0 ~ '" 0 f0- E OJ ~ - x :u n. g ro '" co ~,.Q L 'It> o Q; - > al- a: c o D is c:J c. o "' '" cO Q) ro m ro ::; ~ u Q) 6' a: OJ U 'r >-< Q.., - '2 ::J '6 " '0 0: (J) " '0 .e '0 ~ < c.. 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CjY ;""':- ,; t:58SC:':, ':,. - ',j !<t;!/18l:R':-; 10K '. ~l~ Il, '1 '_~' l-\rdarnan ~:'" ~ ~": (; - October 6, 2005 File No. 05-4612 CH2M HILL, )'Ic. 4360 W. Cypress Street, Suite 600 Tampa, Florida 33607 Attn: Mr. Steve Stumt SI'BJECT: Subsurface Soil E:;ploration Proposed Gordon River Park Goodlette Frank Road Collier County. Honda Dear M r. Stuart: As requested and authorized by CHlM HILL, INC., Ardaman & Associates. Inc. has completed the subsurface soil exploration program for the subject project. The purposes of this program were to evaluatc the general suhsurfacc conditions at the site and discuss the suitability of the soil profile encountered for the proposed development. '1 his rcport documents our findings and conclusions. It has been prepared (or the exclusive use of CrI2M HtLL, INc. and their consultants for spccifie application to the subject project in accordance with generally accepted geotechnical engineering practices. No other warranty, expressed or implied, is made. SCOPE 'fhe scope of our services was limited to the folio\\'-ing items: Conducting nine (9) St;t:-idard Penelrati,Jn Test horing:-; and unt double ring infiltromelcr test to jdcrmllh:' jhc rwlure :.lnt; condilicli1 of tilL' ~ut:surLu..::c soi]:';, 1 Re\'il'\.\lng each soil saJ;",ple obtained in l-Jut field testing pn>gram hy a geolec,hnical engineer in nUT laboratory f{.1r fUl1ht,; idemificatic1n and assignment or iaboralOry tests. , .'. Analyzing the existing soil conditions \vith respect t(l the proposed construction as it relates 10 foundation dc:-;i~n. lOK i;~~'~ CH2\1 HILL. I",c. .\rdllmall File No. U5-4612 Odobcr 6. 2005 L 4. Preparing this report to document the rcsults of our fleld exploration program. and to discuss the suitability of the encountered soil profile for the proposed development. SITE LOCATION The proposed development is located cast of Goodlette Frank Road and north of Golden Gate Parkway in Collier County, FIt,rida. The site rcquired some clearing to provide access to our truck mounted drilling equipmcnt. FIELD EXPLORATION PROGRAM Our tield exploration consisted of pCrf0J111ing 9 Standard Penetration Test (SPT) borings. The borings \\'ere drilled to a maximum depTh of about 20 feet helo\v the existing ground surface. The borings were conducted using methods consistent with ASTM D.] 586. The equipment and procedures used in the SPT bor; ngs arc described in detail in the Appendix. Our tield exploration also included a double-ring infiltrometer test performed near the west side of the property. At the time of the lc;t the remainder of the property to the east was bermed for temporary \VUlt:f storage for a lake excavmion. An additional double-ring test can be pcrfonned \Nhen the hemlcd ar~a is clear. The soil profile consisted of fine sand (SP) 10 depths exceeding I () feel. An [nfiltration rate of 5.1 inches per hour (I () fc per day) was det~rmined, which reflects the vertical permeahility of the surficial sand layer. The results of the douhle-ring infiltromcter test are presented on Plate No. I attached to this report. The locations of the b(rrings and the infiltration test are shov,;n on the attached Boring Location Plan, which is a copy of an aerial photograph obtained from the Cotli~r County Property Appraiser's wl'bsite. "1'he borings were locuted by representatives of Ardaman & Associates utilizing existing site features. as sho\vn on the aeri:d photograph. If a more precise location of the borings is desired, then \\iC recornmend that :'(1ur surveynr cre\'\'s h)(',ne the borings on site. GE"iERAL Sl'BSt!RFACE CONDITIONS The general suhsurfal:e conditlC'11S encoun1ered during the field exploration are sh()\vn on the attached S()ll h()ring jO:-:'~:'; Soii :-:.tr;J! :1C<1:10n is h!')cd on vxamillation 'Jr rccu\-('red SOl! sarnples ~ll1d 10 K dll CH2M HILL. he. Anlaman File :\0. 05-4612 October 6, 2005 interpretation of the field boring logs, The stratification lines represent the approximate boundaries between the soil types. the actual transitions may be graduaL In general, thc test borings encountered title sand (SP), slightly silty fine sand and slightly silty tinc sand with gravel (limestone) (SP-SMI from the ground surfitee to the temlinal depths of the exploration, or about 20 teet. The groundwater was encountered at the test locations at a depth of 2 to 3.5 feet below the existing ground surface at the time of our field exploration (9/9-13/05). Variations in the groundwater levels are assoe,ated with the difference in elevation of the lest locations. The grolmdwakr depths shown on thc boring logs rcprcscnt the groundwater surface encountered on the dates shown. Fluctuations in groundwakr level should be anticipated throughout the year due to seasonal variations in rainfalL and other factors. LABORATORY TESTING PROGRAM R-:prcscntative soil saIl1ples ,~btained during our tie!d sarnpling operaiion were packaged and transferred to our ofticc and, thereafter, examined by a geotechnical engineer to obtain more accurate descriptions of the existing soil strata. Laboratory testing IVas performed on selected samples as deemed necessary to aid in soil classification and to fUlther detine the engineering properties of the soils. The laboratory tests included Natural Moistme Content Percent, Organic Content and Sieve Analysis. The tcst results are presented on the attached soil boring logs at the depths ITom which the samples were recovered. Results of the grain-size analysis arc attached to this report as Plate l'ios. 2 through 4. The soil descripti(\ns shown on the logs are based upon visual-m,mual procedures in accordance with local practice Soil classification is in general accordance with the Unified Soil Classification System (ASTM ! ).2487) and is also hased 011 visual-manua! procedures. lHSCUSSION Our field exploration program. by request consisted of v.'idcJy spaced SP'T borings throughout the proposed sik as :,ho\\n on the !. ~orjng Locmil'n Plan. i\dditional fidd l'xp]oratiol1 con:->isting of more closely spaced SPT borings \h.'Ct' pl.:.'rfc)nneJ to address the spl:c.:iJic :;;rruclufal improvements in an area designated as the Proposed Building Pad. Based upun the tCSt horings performed. we believe that subsurCace conditions are adequate for shallow foundation support of OD\;.story lightly loaded uuminis!7'jtion structures with the 1100r slabs supported on grade. This structure \vould have maximum colull1n loads of less than about ::'0 kips and maximun~l \vallloads of less thml about 5 kips }1(.'1' lineal fool. 'vVith proper Silt; preparation, v....'e \\,i<'1uld anticipate an ajjo\\"able soil bear~ng c~lpacily =~ '" IOK '. i:i i , CH2!\-1 HiLL, t"lc. ....\rdamJln File No. 05-4612 Odobcr 6, :2005 . ., up tu a maximum of 2,500 ps" with normal site preparation procedures. The allowable soil bearing pressure of the filUndation soils prepared by surface compaction are based upon total settlement not exceeding 3!4-inches within the building area and differential settlement not exceeding 1.'2.inch within a 30-1()ot distance. The following Itemized paragmphs are guidelines are for overall site preparation. which we feel will be typical for the proposed development and existing soil conditions. SITF Pr~fPAR,\TIO"J. I. Each structure area "footprint", plus a minimum margin of 5 feet. should be stripped and grubbed of all surface '('getation, debris or other deleterious material, as encountered, During the clearing and gruhbing operation. roots with a diameter greater than 1 inch or small roots in high density should be completely removed. These materials should be disposed 0 fin m'eas designated by the Owner. o The cleared surfaces in construction areas should be prootTolled using the appropriate compaction equipment li,r site and soil conditions. Adjust the moisture content of the soil. as necessary, to aid compaction. Sufficient passes should be made to develop a minimum dry densitv o[ 95 percent of the Modified Proctor \laximum Dry Density (ASTM D-1557) to a depth uf]2 inches he]uw the compactcd surface. Replace materiaL if detcnnincd to be deleterious. in areas that "yield" during the prootrolling operation and replace with suitable fill material conl(lrming to that stated in Itcm 4. 3. Afler satisfactory prootrolling of the eleared surface in accordance with the above, filling with suitable material may proceed. Fill material should conform to that stated in Item 4 below. Thc !ill should be placed in Icvellifts not exceeding 12 incbes in un compacted thickness. Each lift should be compacted by repeated passes with appropriate compaction equipment to achieve at leaST 95 percent of the \1odiiied Proctor tv1axirnum Dr~, Density' (AST\~ D-1557). The filling and compaction c>perations should cominue until the desired elevatloJ1(S) is achieved. ij;,.Yr:Jf1f!~1!i iIIil 10K fu"t i' >'1' '. I).,.t, ""4 CHlM IlILL. I:\c. Ardaman File ;\:0. 054612 Ortoher 6. 200~ 4. Fill material should preferably consist of clean to slightly silty or slightly clayey 11ne "mds. free of organic or other dekierious materials. with less than 12 percent passing the U.S. Sieve No, 200, The fill soils should be placed and compacted within +2% to -4% of the optimum moisture '" defined by ASTM D-1557. The following paragraphs provide a brief discussion regarding the installation of underground utilities and the availability of material, for reuse as fill materials. IITlIlTIFS Fine sands (SP). slightly silty lille sands (SP-SM) and slightly silty fine sands with gravel (limestone) (SP.Syl) were encountered frnm the ground surface to the terminal depths of the exploration, or about 20 feet These soil types arc suitable bedding material and suitablc for reuse as backfill. Temporary stockpiling is ncces:-;ary to drain excess free \vater before backfilling and compaction. RFITSF OF FN(TOl'~TFRF\) M"TFRIAI S Poorly Graded Sand (SP) Pnnrl~' (;r"rlerl S"nd with Silt ISP-SM) These sands contain less than i 2 percent non.plastic silty or clayey fines and may contain up to 15 percent gravel (sbell and limestone), Therefore, tbey are suitable for use as structural fill. They are also suitable tor use as till fill' roadway embankments and as general landscaping fill. Drainage or permeability characteristics of these materials are good. Roots and other deleterious materials should be separated hom the sands prior to rellse. Sands excavated below the water table sbould be stockpikd to drain excess mOiSlLJfl'. These soil types \vere encounh.'fcd from the ground surfac-= to depths of 12 feet. Poorly (;,.lldNI Sllncl with Silt '.ml (;r"vd ISI'-SMl Thl'sc: sands contain from) up ~() 15 percent l1un.,plastic Sill)' fjnc~s and may contain up to 50 pt'fcent gravtl (.c;heU and iimestone). rhc gravdJy sands may' aiso be descrihed as heavily \",cathercd limestone: tncn:.'Jore, cohh\e and even boulder-size fr2!gmt'nt~; an: possible vv'ithin a slraturn. These soils are generally suitable for reuse as structural fill and as till for embankments; hOV.'CVCL careful control of the moisture content is needed to achieve required compaction. Stockpiling of these materials to drain excess moi51Ure and mixing \vith clmmcr s;:mds are techniques to make thcse materials more viorkable. The:;~ soil types \NCrC typicaI1y encountered bclo\v the surficial sand strata at depths ranging frorn 12 to 20 fee!. ~:.~~if'}dr'Ji ~ ;'. IOK (Kill. III 'IiA~ !~II C1!2\1 HILL, I:\c. Ardam;m File Nn. 05-4612 Octoher 6, 2005 6 GF:"iERAL COMMENTS \Vhi Ie the borings are representative of subsurface conditions at their respective locations and for their respective vertical reaches. local variations characteristic of the subsurface materials of the region are antieipated and may he encountered. The boring logs and related information are based on the driller's logs and visual examination of the selected samples in the laboratory. The delineation between soil types shown on the logs is approximate and the description represents our interpretation of subsurface conditions at the designated boring locations and on the particular date drilled. lfyou have any questions about this report, please contact tbis office. v crl~ tn.:Jy )'OUfS'. ARD,^>y(^" &.A!,s~C~\~ he if -, .' ,';/ Jl I 4~""-'--:":'"" l/- '/ //q ; 'fk~)-' ,! / ! f., (~rt;f;.~~ c,{!..ll.f $C'i1i':Jr Project Engineer Cl /~') Gary I-rs;;,w. 1'.1':. Branch ivlanagcr;Vicl: President ''vlN'c;,\n.'q~~ :ffiff/(j~~i'&; II1i 10 K '"q A TT ACHMENTS BORING AND DOUBLE-RING LOCATION PLAN BORING LOGS. SPT.! THROUGH SPT-9 DOUBLE-RING INFILTOJv1ERTER TEST - PLATE NO. GRAIN-SIZE DISTRIBUTlON SHEETS - PLATE NOS 2,3 & 4 10 K dl' BORING LOCATION PLAN ~. *' A.r4Aman & Associates, I~. A\... Ci1ote-d'lnical, Erwm;"'II''ff'lp''''I<lnrt IIIlIIIP' 18 Materwl~ CO~5U!ta;r[ts ",L- .-- .~~ " NOT TO SCALE SOURCE: C"'I'y of a..rlal photo p",vlded by CH2M Hill. GORDON RIVER WATER QUALn'Y PARK GOOD~FRANKROAD COLLIER COUNTY. FLOfUDA DRAWN BY' Mt Cf-l[CI<t'.el BY Me OATf 010$ I ,,"1(,[ NO t,P?fo!OV..D BY FiGt.ffi!2 05-4612 MARnN A. CALL, P.E. 1 IOK [, BORING LOCATION, SEE BORING i i CLIENT: CH2M HILL f INC. PROJECT: Gordon River Water Qual.l.-ty Park LOCATION: Naples ( Col.lier County I Florida LOCATION PLl'.N FINISH: DATE DRILLED: 09/09/05 START: GROUND SURFACE ELEVATION: WATER TABLE DEPTH: 3.0' TIME: DATE: 09/09/05 DRILL CREW: Wooten/Gunn LOGGED BY: M.A. Call '. ~.~:It.' I<il " ft',~ ' ~ Ii I I II ",l w o ;; '" '" 0:( .... 0. DRILL MAKE & MODEL: CME-55 BIT: .3-7/8" dia. tricone roller DRilLING RODS: NW DRILLING METHOD: Rotary Wash with Drillinq Fluid WEATHER CONDITIONS: Partly Cloudy/Hot I It , J: , f- ,0. I~ ..- . , , w '" U f- a:", :0 0 0 0:", f- -f- ~ ww .... Z .... Wz Zz 0.J: 0:( W " '" "'w Z'" o:(w :; "'u > " o:(f- Ww "'''' -' i' SOIL DESCRIPTION REMARKS "z 0 ;:;; Z 0. '" ;:z 0:- o:z 0", :; 0. :0 *8 w"- 00 :5 -' - f- 0:( 0:( 0. iI''' " "'''' 0. '" 0: :; '" '" .. SF Poorly Graded Sand - Gray fine sand. , 3-4-4 8 1 ':'. I - Gr aded -- --- -- SF Poorly S=d - Brown fine sand. 6-~-5 I 9 2 i. 22 1 .' 3 7 . :. 5-5-5 10 , ..:. I 5-5-7 12 3 ........: 6 5-5-5 10 4 .ii 6-5-6 11 5 : I : '. 6-6-5 11 , , :. 9 - i 1 I 112 ,I I' I II :115 I! " I d i' !I Ii 1'18 I: Ii il i! !i !, I J 23 1 I 12 7 .. . 5-5-7 . . .; SP 7-5-7 12 3-3~3 2<:-4 3-,3-2 7-2-2 2-2-2 " li21 I. IL- II ii ... ,111 Ardarr:i3f1 & Associates, lnc , ....z.;~_ !! :if1,~i1ti!jir^~'}1ilf' ~::~;:~;~::;,,~~;,~"""'''W end I IC._..."=:=-=,_.,,,c- -.,=~~",--,---=" .. I I I , 'i I I I :1 II I ! i i I Ii I I II I I 1:1 I ill:! L_L ,!! Po~rly Graded Sand - Gray fine sand, . " .. 'j . . I I I I i I ?-"wly Gr.dad Sand, BrOHn f",. ,and. I 1'18 I 6 I i 5 19 ....; Sp I I I :,. I 4! '.' I . I' b .~J::-,.. .:. I'.... J>.T 21.0 F ~ , L PAGE I II I I, il Ii II I: ,I " Ii II I. I ii I I' I I " I OF 1 - ..~-~------_.---_.._-----_..,-----------_.-- --_.-_--~._- ._.---~-_.~---.~----- -.-.-- SPT~l :1 ---~~-ii Ri:VIEWEC 8Y; ~E.tin.l:::... Cal~}2..:-_ FILE NO: 05"_.9-_612 BORING NO.; --- -- -,-- -----_..------~~_._-_.._------ --------..--.---- ~-~----_._-_.~--- ~ BORING LOCATION, SEE ;ORING- LOCAT!c~~. p~ \ DATE DRILLED: 09/12/05 START: FlNISH: I GROUND SURFACE ELEVA TION; I WATER TABLE OEPTH, 3.0' TIME: I DRILL MAKE & MODEL, CME-55 1 DRILLING METHOD: Rotary Wash I' :;: :i l~ "'''' ww a.:x: "'u ;:~ Ox ~ - "'''' 0 2-3-3 6 I 3-5-3 B 3 3-3-3 6 3-4-3 7 , 6 I 4-4-4 8 ! \9 - II L I' I. I' ,115 Ii ,I Ii 1 [I Ii ., :118 il I! I' I ' ,. I '~_" 4-3-4 4-4-4 4-4-5 3-3-3 2-2-2 1-1-1 1-1-2 1-0-1 1-1-2 I' L 8 i,,">/)..l sc i, I ,1/ /~1 CL I, rx'J I 3 I:c r../'j I I H-1-TinMINATiW AT 21 C Icj_==~b". . .~~_._~. w ::;) ~ <0: > Z I- a. '" Cl o .... u ;: a. <0: a:: Cl 10K a." " ci z w .... a. :E <0: '" 1 2 ......: : . DATE, 09/12/05 DRilL CREW; Wooten/Gunn -"';1 l! \1 II, lOGGED BY: M,A. Call II II ~ 'I ~l ~ ]1 .:..,;., .. :. .,:. ",",:;.:. SP-SM CLIENT, CH2M HILL, INC. PROJECT: Gordon River Water Quali ty Park LOCATION: Naples, Collier County t Florlda BIT: 3-7/SlI dia. tricone roller DRILLING RODS: NW with DEillinq Fluid WEATHER CONDITIONS: pa~Cloudv/Hot '" U '" ::;) U I- a::1- I- -I- ~ Wz Zz 1-", ZVl <l:w ::; REMARKS <0:1- Ww Cll- Uz 0 ;:2 a::- a::Z :; *8 w" 00 a. !'U d ::; 3 ?:';;':;" ',c.' "~. 4 ::'.',',' 7 5 8 6 '.. . 9 > 7 SOIL DESCRIPTION SP poorly Graded Sand - Gray fine sand. - Sp ... 6 4 :: __ c._ __ "- poorly Graded sand with Silt - Dark brown slightly silty fine sand. I , ! Ii 'I I :1 il I I ! Ii I I, J m" SP Poorly Graded Sand - Brown fine sand. Poorly Graded Sand - Pale gray fine -....- sand. I j Clayey Sand - Gray clayey gand. I I I I I' I I 11 I I " I I Ii !: I I Ii I , ! I I I I I , I I , I I II Ii ! " I ! _L I cc..L L ~I pJ;.GE 1 OF 1 BORING NO,: SPT-2 n --~--~~i! SO-",iy Lean Clay Gray sa:ldy clay. I I 1 Ii Ii "'-:-,W Ardaman 8. ASSD-ciates, lnc 'I ,- .-.. -- .,/i~;. _ - "~"'-"cIl",~,,I_ [,_"'''''''"''''~''W "",; - I ~~1@1 ~~M~u.cI~I~,:;("'~'"lm'" REVIEWE[~ t::..--- ." _.~,~c=c~_~~.. BY: Mar::i:Il J-~__Call, P. E. FILE NO: 05-4612 __,_-,-,~-:..=..;;C'-=_~_"-===,,...=--"""==---=-C-'==:'J -_.._~--~.._------_._------------------~--_..._-----_._- -~----~---~.__.------ ----------- --".. - ."l' CLIENT; CH2M HILL, INC. I .~H:JECT; Gordon River Water Quality par~ LOCATION: Naples, Collier County, Florida 1 DRILL CREW: Wooten/Gunn LOGGED BY: M.l>.. Call Ii I I I I i I I I Ii I I' I. I ' --L--. ! l~~;, PAGE ~____ OF _____L~;: IOK BORING LOCATiON: SEE BORING LOCATION PLAN DATE DRILLED, 09/12/05 START; GROUND SURFACE ELEVATION: WATER TABLE DEPTH, 3.5' TIME; FINISH; DATE, 09/12/05 DRILL MAKE & MODEL: CME-55 BIT: 3-7/8" dia. tricone roller DRILLING RODS: NW DRILLING METHOD: Rotary Wash with Qrillinq Fluid WEATHER CONDITIONS: Partly Cloudy/Hot REMARKS 1 n h h o w u.. 00 '# u a.. * U a:", w C> ,.: :;) 0 0 ~ ww -' Z -' a.:I; " w >1 '" ~ ",0 > -' 0 SOIL DESCRIPTION i= ~~ Z 0. :I; '" i a. Ox :E a. :;) w ... " Cl -'- 0. " a: "'''' '" '" " I' 0 Graded - ... SF Poo.::-ly Sand - Gray fins sand. 1-2-3 5 1 .. ,',., - - ---- - -" SP Poorly Graded Sand - Brown fine sand. 4-6-6 12 2 3 ..... 5-4-5 9 3 ... ..... 3-3-3 6 6 - 2-2-3 5 .. ,. .... i I I I 9- I , i I I I 1.2 I' I Ii " 81 :: ~5 I'.. .. ,I ',,: I I- I i.. I I I I,.~. I I ~'.,. i1B I 1-2-3 15 9 ~.;;j ;:".,3 i I 3+4 I 7 10 ",;;..~,; i I I :::...:.. ~.1' i I ~... ! I 4-5-' 19 11 ~';..:': I b1 Io;';~~' i I =~L_,C--[==lTE'MIN^T~:c~,Tc': 0 " II ..,. . A(dl-lmiU1 ,'S,. A5SDciates, inc il ~4, L;""'"H.."",...,t"r'''o.~.",",.",j",,<! ! ~11:-J\-if" ~ Mn"''''~;' c,,,,~ultM,\> i~.::,="--=c;::=~::::,:;=,,::=-,,,=-= I." 5 '.:::'_ ~ 6 ';: . 7 ''C' .':' SP_SMn -"i?(x:~i.Y'G~'adedu Sand W1. th Sil t and Gr~vel - Pale gray 91ightly s~lty 8cs...d, some gravel (li.rr.eston€)" fine I ~ REVIEWer; r;:,Y: t~Et,j-n__~.:.__~a1.l.L.r_:__~_~_ F!LE hlO: C~_::._4512___ BORING NO.: i Ill", i ,. I II , ... x II ~ ~ II :;; Cl '5 ... " <Il11 d :51. :;; ':-~i il Ii I II II Ii II I. il ! ~ Ii n 'I I, II ----_.._----~-~..._---_._--_.._-_._---- ,---_._-',--"-~-----------"-_.__._-------- ..--._._,-,_.._"----~---_._-_. -------. ~-~-~----,-"--_...-"--------------_..--- -_.-.._---..,-'"--..--.-~._._-_..,,' _ S?T- ~_,__" ~~ORING LOCA TION, 10K :1 SEE BORING LOCATI~N PLAN FINISH: CLIENT: CH2M HILL I INC. PROJECT: Gordon River Water Quality Park LOCATION: Naples f Collier County, Florida , I II Ii I i "I ~I ... '" <! -' 0. I DATE DRILLED, 09/12/05 START, I" GROUND SURFACE ELEVATION: WATER TABLE DEPTH: 3.0' TIME: DATE, 09/12/05 DRilL CREW: Wooten/Gunn LOGGED BY: M,A. Call DRILL MAKE & MODEL: CME-55 BIT: 3-7/8" dia. tr.l.cone roller DRllllNG RODS; NW DRILLING METHOD: Rotary Wash with Drillinq Fluid WEATHER CONDITIONS: Partly Cloudy/Hot ... ~ '" f- 0. W " o 2~3-4 a:", ww 0.", "'U ;;:;j; Ox -' - "'''' w " -' " > Z f- 0. '" '" o -' u ;: 0. " a: '" '" u '" " o z w -' 0. :;; <! '" SP 7 1 SOIL DESCRIPTION REMARKS a:f- Wz f-w "f- ;;:z #8 U f- z!z ~ <:t LI.l :J ~ ~ 0 00 :5 ::R U CI o ::; 4-3-4 7 2 r I I I 3-3-4 7 3 6 ... f- z", Ww Uz a:- w~ 0. Poorly Graded Sand - Brown fine sand. 16 2 I I I 6 3-3-3 7 4 .', 6 5 :C' '.' , 6 " I II, · ~;-i:.'.. SP'SMII -~. I' lO~i I 1121 ~~~ I I ~":;'I i I I ..... I . 14 '1" ':.!.: I i.... h l~L,____~~- 20 1 3-4-3 3-3-3 9 2-2-2 !112 " il I [I i , 1115 :i 2-2-2 I 3-4-3 I :>6-6 I 6-7-7 Poorly Graded Sand with Silt and Gravel - Pal@ gray slightly silty SCilyi, some g:::-a'.1el (liroe5tonel, <.o"j I I I I I i I I 1. I I I I I I I I I I I I II i I 'Ii,! I I I I:: lJi I i Ii . ._LL..h :1 PAGE ~ OJ;: ~!; 1:~8 I , " I, I ,I II , :j21 :1 KINATED AT ~l_U' il 'I if ..., .. Ardaman & Associates:, Inc. ii If! G~,,'~d.~..,,~I, l~~.c"""",..,t~i &t\<l n }'@1f:tt\~~-~~M~l~f,,".r;n"'';I!.f''-'I& REVIEWED BY: ~r_tin A. CallL~~ FILE NO: 5!5~~ 612 BORING r,;o.: SPT-4 i_=::=_:...,._:--:=o---:co.=".~=,c_-;o,."""""-",,,"..;o-~-,=,=c;:..=, _______________________:;"--:;.~__=__;:__---.------------.---------------.-."'=~:__'-.Jj ~RIN~'LOCATION: SEE BORING LOCATION PLAN II I DATE DRillED' 09/12/05 START, FINISH, GROUND SURFACE ELEVATION: WATER TABLE DEPTH' 2.0' TIME, DATE' 09/12/05 1 0 Kl ~~ ~ij CLIENT: CH2M HILL, INC. PROJECT: Gordon River Water Qualitv Park LOCATION: Naples I Collier County, Florida DRILL CREW: Wooten/Gunn LOGGED BY' M,A. Call roller DRILLING RODS: NW WEATHER CONDITIONS: Partly Cloudy/Hot l,~ ~ ~ ~ ~ ~ ~ ~z~~a:ZO o UJ u.. 00 :5 ~ua. #u3 DRILL MAKE & MODEL: CME-55 BIT: 3-7/8" dia. tricone DRILLING METHOD: Rotary Wash with Drillinq Fluid ",f "' w " , :0 0 0 I w w .... Z .... ~ '" J: " i () > w () .... i: >- ;: ~ z '" '" 0 :;; '" w .... X >- " " 0 (ii '" "' '" "' " , 0 '::. 2-1-2 3 1 ;<-3-3 6 2 ':." 3 ,. ': ..' 2.-3-2 5 .. .' ",'- ... 2-3-3 6 3 I:: :.. ..' 6 2-2-2 4 , .. .. 2-2-2 4 5 i 9 I .. 1-1-1 2 .... .. .' .. .. ..' 1-0-1 1 6 :.'. "' () "' :0 SOIL DESCRIPTION REMARKS SP Poorly Graded Sand - Brown fine sand. I ~MrKAT-E:D I I I I I I I I I I I I . I fin... I , , , I I , , I , _.L.- I I I I ! I l.LL I 112 - II 1-1-1 2 7 t'.' c' I l I 1-0-> 1, \e I.j 1'11151 1-2-2 4 I I;~,!,~.- 8P-SM 'POGrly Graded S=d wHh SHt and i ~".:~' Gn,vel - Fda gray sL.gntly S:l.lty Ii 4-5-7 112 9 [~~ <,,<.ct, ,ome gravel (l'.~stona). 'i I ! e"....., li18 \ ! ~!..\ II ,-HO 17 110 ,~...;fI Ii ,0+6 11,,111 1121 1 it. _L-_l ' i Ii ~ 111 Ardaman 8. A~l:.ociilte5, inc. I! , ".i~" G~O'''.CM'0,".F".i''~m'~''b'''''d il ~;1@'4(~ Bj~ !.l..,~"~,,, '~C<o'",urtJ<"h .~L oc-=C=-;-'-"-=:":";'; A'f" 21 0' PAGE .~-~ '1' ,I I i I \ X w 0 ~ ,.: "' " .... '" 1! II I' Ii Ii II II II Ii I " II Ii I :i it iI II " , ii 'i I: " " OF __.1-___ "",,,__,__~_____'___""____"__W_ .."...__.",_ _.__...._._,__.,.."'....". --..' -----"---",,. __.__.__._~____.,__..._~__~~_,_~_w~____..__~__ BOP.1NG NO' _~. SPl'-5___. -----.,---...'- --~--- RfVIEWED BY: ~.!::tn_J\.:.__<;:'9_~lJ__~: E -=---- r-\LE NO: ,Q..5_-:461_2 ,._."--.=-"=-:,==.;.o~,"~==:;:c==""''"'=="'''::==,-,-_-";O..;~i:'' I I i BORING LOCATION: SEE BORING i I I ! DRILL MAKE & MODEL: c.."1E-55 \ DRilLING METHOD: Rot~rY Wash IOK START: FINISH: =-'11 I, II LOGGED BY: M.A. Call I' _ ^.__~._~=~..C-~-c_.__-"=-c,=-o.-o:.";c=.,.",._c,,,,,.__. .---- LOCATION pLAN CLIENT: CH2M HILL I IN'C. PROJECT: Gordon River Water Quality Park lOCATION: Naples, Colli.er County, Florida DATE DRILLED: 09/13/05 GROUND SURFACE ELEVATION: WA TER TABLE PEPTH: 3,0' ,..: "'''' "'"' "- 0." :i ",,, .... ;::~ 0. Ox UJ 0 -'- "'''' T 2-3-5 13 4-)-3 4-5-7 1-1-1 2 1\12 1-1-6 7 'i 1 II II 2-2-2 , I II IPS II 4-;;-5 I 11 'i , i' I Ii !i I 5~ 5-" 12 i! it " ii18 i " I' !i (-5-5 10 I' I' :1 .1 11 t~lH 6 Il~"G I I I I II ..__ ._.____L_~L,_L_J ._.--PAGE -i Of 1 Ii -!I I> Ii Call P. E. FILE NO: 05:4_612___ _ BORING NO.:._ SPT-6 __Ii c=~=~_~.c'oc~c:c.~==.=.~=:_=:~=.===.----.==,il TIME: DATE: 09/13/05 DRILL CREW: Wooten/Gunn BIT: 3-7/80 dia, tricone with prillinq Fluid roller DRILLING RODS: NW WEATHER CONDITIONS: Partly Cloudy/Hot '" ::> -' <t > Z .... 0. '" " o -' o ;: 0. <t 0: " " .... 0:.... .... -.... ~ "'IZ IZ", Zz ....UJ "'UJ <tUJ :: REMARKS <t.... 0" ".... 0 ;::z "'- o:z 5 0 ","- DO *" 0. *" 0 :: 15 1 ci z "' -' 0. a <t '" '" " '" ::> SOIL DESCRIPTION 8 1 -.: I:' "':'. '. . : :~'. SP Poorly Graded Sand - Gray fine sand. SP - .- - . Poorly Graded Sand - Brown fine sand. 6 2 12 6 ~:J~ ,.. 7' ,..;. .."!4t "'~,~ SP-SM I' I.. Poorly Gr~vel sa!1d. Graded Sand with Silt and - Gray slightly silty fine ?o8rly Graded Sand wi~h S~lt - gr6Y slightly silty fi!18 sand, gr~vel ilimeston~l Pale trace I i B I I i I. I , f I , I .. ,. 'IE -JHNJI.TED AT 21.0' .~~=,=,~~~~==_.l 11_- . IJ __. ..Ardaman 8- ASSOCIates., Inc. il. . i~.. Q,","~~'''''~,.j. L..v"oc."""'!~""'" . [i! ~~rs ~4.: M,,~';~'~ Cc.n~o.I."."", REVIEWEL' BY ~ Y..art.:tn A. "..~____.~.~_~____.___ __N_'_"___ "___,"_,,"__,,,__, .____._.,.___._____n_ .-~-------'"----.-.----.------- -.-.-"--- --,,------~-~-~--,.---~-- ._--,._,----"...__._.._-~---._._... ':'~.' 1>',,. !!'~I , @I ~i ~\ 11 II II II 'I I II II I I I I I I I i I II II 'I I! " II II II :1 :i U 11 il :1 I, Ii " Ii 10K \~~, ii I BORING LOCATION, SEE BORING LOCATION PLAN , , DATE DRILLEDI 09/12/05 STARTI GROUND SURFACE ELEVATION: WATER TABLE DEPTH: 3.0' TIME: FINISH: F ."-.~...'~'" cLlENTI CH2H HILL, INC. PROJECT: Gordon River Water Quality Park lOCATION: Naples, Collier County, Florida --II il Ii I OATEI 09/12/05 DRILL CREW: Wooten/Gunn LOGGED BY: M.A. Call DRILL MAKE & MODEL: CME-55 BIT: 3-7 1811 dia. tricone DRILLING METHOD: Rotarv Wash with Drillinq Fluid I roller DRILLING RODS: NW WEATHER CONDITIONS: Partly Cloudy/Hot I ,.; a: V> ww I u. "-:r; :i v>U .... ;:,,; "- Ox , w I 0 -'- <oV> ',"0' 1-2~2 w (.') => 0 0 -' z -' " w U V> > -' i: u SOIL DESCRIPTION Z "- V> ~ "- => .... " "- " a: V> V> (.') REMARKS a:.... .... UJ Z Z V) ;- W W IJJ o::t I- U Z :: ~ ffi it t- u Q. u .... z ~ ~ <tw :::i (.').... " gs ~ 5 '" u 0 o ::; x w o ~ .... V> " -' "- '1: _ .. _n -. -~~- - SP Poorly Graded Sand - Brown fine sand. II I , 1 f'" L' SP-8M poorly Graded Sand with S11t - Dark brown slight.ly silty fine sand. 2 3 II Ii ji [I I .. I 2-3-4 7 , .. ..' 3-3-4 7 5 '. 9 .... .. 3-3-3 6 1 12 . ,I 1'1" 2-2-3 I 5 ~.t'".'~..~i".."'" SP~-sM l~~~~~i ~r;~:~ :::~ :~~~h~~~t~:~~y-f"ne I I III! ~"'": sac,ct, ,ome gravel (limesrone). I I, '-3-' 7 7 ~"!.i I I !I 111115 ~""!c~. I I Ii 9-9-10 19 8'.~. I I' I\~t I II: I I I,: Ii II I H-' 14 9 ':i!~ I Ii 1[18 I ~.~;.:-iT.;1 SF-SM I Poorly Graded Sand with Silt _ Pal. ... ii, I I " II 7-5~5 110 I ~~.:'." .'. I qrl'_Y sl:Lghtly silty f:.fJS sand, trac~ I I I !, :i gr2vel (limestone). [ Ii III! I :...:-4~~- SP-SM' ?OQrly Gradgd Sand willi Silt and" I t I Ii I ,H' ,," 'f; U.... . oU, .-, ...,.." "'" .." ' I I I : iLL_~l~f.2:L_~f~''':IN~::~- :~a::I~~ime':=~~_.~~==j==~J J. JJ_LJ :1 PAGE 1 OF 1 !i "".,;. Ardanurl & A~g(Jciates, Inc Ii . .Ik$.... c;..,"'~""'''<''''''."''"''''''-''''''''';,nc - il ~!~" ~Ph\.""'~(.".~,~",,,,~ REVIEWED BY: Martin A.:_ Call_j_~~_:_ FiLf NO:_Q~__::"~?_l~_____ 80RING NO.: _~T-7 ,-, b==_----.--..-,-----...~--c;,_'=_,~=_=:;::~=__O_.__=_":__._ -=_--==::.::__---,c---=c__=~~=.__ _==--=-c.-=-=='::"_=-="'"=====~--=:::..---=.. 2-2-2 , 6 '.:.. 10K ~ '!f ~,I) rr~ORING LOC~Tto"~,,~,~~-~,"o~~RI~-~ LO-~:;-~:-;~---==':-I ~~~~CTC:20~d:~L~,J.V~:C Water Quahty Park II DATE DRilLED: 09/12/05 START: FINISH: LOCATION: Naples, Collier County J Florida GROUND SURFACE ELEVATION: WATER TABLE DEPTH: 2.5' TIME: DATE: 09/12/05 DRILL CREW: Wooten/Gunn LOGGED BY: M, A. Call I DRILL MAKE & MOOELI CME-55 j DRILLING METHOD: Rotary Wash II II I, I I I i511 ~I fl I , I I , , I' I I, I BIT: 3-7/8" dia. tricgne with PEiJ.linq Flu.J.d roller DRILliNG RODS: NW WEATHER CONDITIONS: Partly Cloudy/Hot I a: 00 w 0 '" " t- t- Ww :;) 0 a:f- f- -f- :!i ~ -' Z ~ Wz Zz 0.:< << W " 00 f-w Zoo <<w ::; r 00" > " Ww I -' 'i: SOIL DESCRIPTION REMARKS <<f- "z "'f- f- ;:~ 2: 0. 00 ;:z a:Z '" i Q. :;) a:- '5 Q. 0" :; 0 w~ 00 W -' - f- << << #.u Q. if" d '" 0. a: "'00 00 00 '" ::; 0 '. SP Poorly Graded Sand Gray fine sand. I 6 II 9 j I 112 I I 1115 I i I I , i !I ')18 I I i j li21 1-1-1 2 1 3-3-5 3 I 3-4-5 4-3-3 3-,3-3 . -,,--- SF -.... p'oe.'riy Gr-a~d Siilld =-Brown fi'~e "~;:nd_ 8 2 ......... 9 .. 6 3 6 4 . .. 4-3-2 5 5 , I.:'" .. 6 I: I I, I: 'i Ii I' II " Ii I: I' II ,. I: " ]I " ji /: ii PAGE 1 OF ~-li Ii ~ .. Ardan~an & Associates. InC. Ii II @J- d II ........A o.~,'''c. ~'-'."'.''''. 'I I~' '~lool","''''sJ~G",",.'--''(''''~'' R:EVIEWEC 8Y~ Mart'~!l !:--_~_SalL__R:_~:-.. FILE riO- Q5-4612 __ BORING NO.: ~~:JL_~_I, fb.===..~~.~~~..~=-~_==_...~=~~~~=~=_~....,=..=~~~==_~~=~..=.....................,t 2-1-2 1-1-1 I 0-2-3 I I 2-1-2 1'-1--1 3.-7-5 4.:;-6 ,., '}.. ~ 2 7 5 I 8 ~Jt':: -SP:SM-- .. 'ti~I' .. ... to ..... '"'... ~......' '..... 2 I 9 ~~: I I"~' i I ~''''''!~ I .;;~~ I ! 11 1'0 ..~; I I' 11 111I:~j~~.. I j ~.~. I I ! f - ---+-:l TE" -.t:rNAl'ED i ___~.=_:-_L_=- ______-=_=_-=--_ __- , P00rly Graded Sand with silt and Gravel . Pale gray slightly silty sar;d, some- gravel (limestone), I I I I I I I I I I I I I' !ll! L--LJ__ _ L, f;..ne I ~=j~- AT 21 C' 10 KIll' I BORING LOCATION, SEE BORING LOCATION PLAN CLIENT, CH2M HILL, INC. PROJECT: Gordon River Water Quali ty Park lOCATION: Naples I Collier County, Florida DATE DRILLED, 09/13/05 START, . GROUND SURFACE ELEVATION: WATER TABLE DEPTH: 2.0' TIME: I DRILL MAKE & MODEl: CME-55 I DRILLING METHOD: Rotary Wash I ~ Ii l- 10.. i ~ I v 2-2~2 4 4 2-2-1 3 5 9 - 2-1-2 3 1-1-1 2 6 1-2-2 2-2-2 I 3 I ! i I 6 I , 2-3-4 2-3-2 ,12 II II .1 II 1'15 II II I ;i I !18 I FINISH: DATE, 09/13/05 DRILL CREW: Wooten/Gunn LOGGED BY: M.A. Call BIT; 3-7/8" dia. tricone with Qrillinq Fluid roller DRILLING RODS: WEATHER CONDITIONS: Part.ly NW Cloudy/Hot wi C! U I- "'''' :::J 0 0 "'I- ~ ww I- -I- 0..]: ~ I ~ -' Wz z", Zz u '" I-w <tw ::; "'u U <tl- Ww C!I- ;:i:; , 0: i: <n SOIL DESCRIPTION REMARKS ;:z Uz a:z 0 z :;; 0.. '" "'- 5 Ox ",8 w"' 00 -' - I- <t <t 0.. ",U CJ <0'" ~ '" '" ::; C! . 4 .:- '" to. 1 tll~i:.j .",~. ':-,'-~ SP SP-SM P00rly Graded Sand with S~lt and Gravel - Yellowish-brown slightly silty fine sand, some gravel __(_~lm~on~J: __ ''---- Poorly Graded Sand - Gray f~ne sand. 4 2 7 5 3 ,..... ........ >: SF --.--- -- - ----- - --._'. poorly Graded Sand - Brown fine sand. '::.:': 1-0-0 0 7 I .' . I.. :' 1-0-0 0 ..' 0-0-0 0 8 1-0-0 I 1-0-0 I I 1-0-';: , Ii ii IIIIIIt" WArdamar. 8. Associates, [I ~lWtil~~1';m;, ~:~~~:~7;~::::.';z;~:m~"u.' "I,d n i I , , 121 , I I o I ..... . , I o /, ...:..... I..:j 4 10 ~~-..l-"SP~-SM- I .. .... ....,: ..L I'Qcrly Graded Sand with S1.1t and "n1el .. Pale grBY shghtly sHty fine \ saLd, :'IcIna gravel (l.1.mastone)" ..1E;:M--rN'l'!.""F.fl h'T' ?l_~~ __ ::___,,_ __, ____===o:~~!___- J !I I, Jii 11 i... -=::F OF_~!i Inc PAGE ~L_ c~,,~~:~EV~~C~ ~:c.;::tl_::~~ _.,=~:~~~~_-~~_~,~_~-.i~~~:O., .Q 5 - :__:~_2 __~~:~_~~:: ~~:~_~__~~~~~~~~~~~j 1 ,I Ii [I I x w 0 II i:; l- I '" <tl ,U II II I I , , I , I !I 'I II I I ! I , I ! I Ii " I! :1 ii I I Ii Ii I Ii II Ii '" :t ~ 9.0 ;.;J ~ <: :z 8.0 '" r, 7.0 ,< 0;: 6.0 '.'. Z 5,0 4.(1 3.0 ~-- F':iv<2:;t,,;);-, c' ..1 DOUBLE-RING INFIL TROMETER TEST (ASTM D-3385) t:;L_~rS2D THvE 12 G" ~...._."..l 'I' n h .il I II 'I d 'LV , '.' I "1 "l'il~"""""',..:-il : 3.0" 'Ihd' i,.. II. I ' I. .1 I /t.1 ., . 117'777!1TTrTl..' H-rr- . 20.',li-J ',( ,I' , 5.0-1.' 'i I ,,- ...... ---.......1 .t'i 24.0" V r:c.', '; : neh MH'4UTE.$ ;,,,..i 10 K '~I' SOIL PROFILE Brown fine sand (SP-SM). Light gray fine sand (SP-SM). OaJi<: gray fine sand (SF), Dark brown fine sand (SM). Brown fine sand (SP). GWL . 3.0' PLATE NO, 1 _i!Il ~ Ardaman & Associates. inc. G&Ctechnical, Etwirorrmental and MalerialsCor-suilMfs Gordon River WQP GOodlett$-Frank Read Napaas.. Collier County. floridQ O..AWN flY MAS. CHr:::CKfD BY. Gt;! DATE:: 9116105 FILE NO APP~mVED A\' ftGVRE tls..4612 GARY A. DfffiW, l" .1:;:. illil' .. \~~~ U,S. STANDARO SIEVE SIZE .' . v 2: 0 " S 8 ~ 8 ~I N . ~~ N ~~ ~ " i g i ~ i ~N . 00 7, .. i:11 I ,?O f, I , I 1 I 9Q I III I I , \ , , . I I!i! I I ! Ii , I- , , I 'I i I x 7 " , S! !ijli , I .j i \ I i, I w I I I 30 lW- 'Iii ~ I I ,I I ,I r I I , =I' I , Q: II I b,1/ , j ! I w . I , z I I I , 1 G: ' , . i i 'i I I I! '\ II I I II I .. ill I I I z . w I , <Iii , I I Ii. I u ; I 0: I I" ! I it , j ~ >0 I '11 i I ' ' I I , il I I il! i liL! I j i ! , ill I , I , I i , IIII I iLl 'i I ,111m I I d,~ I' .1 I ! U i Ii! i ! , -r i , ~ctj 'e 1.0 0,1 om 0.001 GRAIN S'ZE IN MILUIolETERS GAA~EL ~ SA!:!f f'ilt{ SILT -ClAY c-c..u ,,.m~ ,n I "'(DIUllJ ~f~_tY"'eY41 ""h!?U: O(S-;;~;;: IU6::~ I SPT-1 _:.--1~---~2-:.~- ~ j)__~t~~o~tJ(me~~_~____ ~~~_ ~----+ SP I ~l j ---- ----t---t-------. - ------------------.- 1 I ~-+--t---==~=-= --+ -:=~--=--=---- =:==:~------ I -~ !- '!-----1---t--------------- ___+=:=1 .. i ! __ i I . I PLATE NO.2 _\i! ~ Ardaman .& M$oclates, Inc. Go~chnlcal. Envln)t'l>tr<<'tntll1 &M Mlllefiaie.CQfl!>'Jltanls Subsurface Soil exploration Gomtu'l River Park Goodldie Frank Road Collier CGurlty, Florida (}1':.!<m B~. Me CMEGY,.E1H~Y: au DATE 1a:otl: FlU; N(J N>Pf~OV(-D SY 05-4612 GMtV A. DReW, P,I<. FK.URf' 10K . ~'~.' h'l ; ,.,~ ' ~ ii ,?l'f . ;i; ;:" ~ ~ . " . U.S. STANDARD SIEVE SIZE 9 g ~2~~~ ri ii ~ fi g g ~ , I ! fJO '" 1.0 O.l GRAIN SIZE IN MlLLI>.lETERS , OiH C.OoI CO#<;!tS'!GRA'fE'l,.!.r ~u j ,ulo,o:A~? ~!!oil. SILT CLAY I TEST ls..-":'I "or """""'-1'-:'''''''''' , 'I .... !Uc"L':;,e.o.1 ~~ "0 i 0.. .N ....L...~-, $AMPU: OESCO'?T'ON . ~. ~I S_?TT~ ..~ ..~~....~_._.9. _.,_-=~__~.'.'.O-~l:o~'n=~~~~~:==-_.::::-:=-=-::_.. ~=:=-=-~t~-I --t- ' - -- - .---+----------.-.------.-------1 -1 r=--+. -..--t-.~..-.._---j ....-+---- .... .....----.. -.-...--..-...... -..-..--.....-- f _ --- r~r-~=~.--.._'-..-.t _~~=i - __H___'~_~'_m__.~___~__=----.,,-_=--- I 1 PLATE NO.3 _'<l!l ".". Ardaman & As.oeUttea, Inc. Geof<.."Chnlca!. EI'l'firOOfI'Wn!.al ,on-d f.Mt&t'iaisC011suftarns Subs.uriae.;t SOU E)(ploration Gordon River Pnrk Goodi@ltte Frank Road Com~... County, Florida OHA!fm 8Y: Me CHECKSD BY: GO OA<'2: HJ!OS FlLE NO N'1~oVF.G BY F1GURE" (l~U GARV 1\. bf;i1;W, P.IE. ~ " "N . ,;; U.S. STANDARD SIEVE SllE ;2 ~ Si~~~ ~ if g g 'il 0 . S ~ " . so '" w ~ ,.. '" '" \li ;;: I- Z ti '" w <>. .. 00 I lIITl! I I ! i -1 I I IT 'Th , 'Ii 90- I II , I I Ii Iii I! , I !~ , , I I i I i , I 00- '. I I n 'I ! i I I, I I I 70- I II i T I II' IiI , I' II i I I' I I' I I i I I i jil I , ! .0- " , I II I II I ! I ! I in :' i ! I \ ' I ! , ., i I i I if! I ! 1'1 ! i , I I I I I I II I ! <0. I! 1'1' 1'111'1' I II II I I : I1I1 i I 111 ! ' I I I I Iillttt II ' , , , q i I I nll,1 ! i ' ' I ~ I i I I I Iii " I I, I 'II I , I .. Jttt' , i , ! I ! 1 ; :ll f III Ii I , Ii I, I ! I , I I I 1111" i I I I I 'I I I " j" \ ! I IiI, iJ) , 10 I [I I I Jiii r J I iUI 'I' i 'II I I i 11II I I I Iii , , I I i "li,1 i ,Ii! , , , " I I , , ,00 '" 1.0 0,1 GRAIN SIZE IN MilLIMETERS AND AliIt'. IiWllrlil FlW C.oi 0.001 S!LT GRAV eO"..$l I'liIl( f-- I I , MPLE! -~;~::~'~--~r:,,~:~:~, I NO o...n " .~r_, ~~~-----._- --- 3! 5'" 6' ; 0 ! Brown fine sand. ,~ ~r-- ::-=~='L~-~['-- - =~==='---,__~__~__::,-_=~ -- t - I --,,---+--~-~------- _________~_J ! --,----.---f----.,. ----------.--" ! i , , !" , " L, J, , " ,uJ SAl>J?~ DtSCfNPti\)N PLATE NO.4 _'ill ~ 10K UNIFIEe CLI<SS. SP I -J Ant;.aman & Associates, lvtc. GeotecllrtiCi1f, Eiwlrorrmlmtei an'; Mal r~h: Con.<\.unatlls SubSUf'faee Soil Exploration Gorocn River Park Gcodlette Frai1k Road Collier County, floridl! DI~AWN BY Me CHECKED l'!'( Gc. Cot. n: tOH)S .f1L,E NO. N"PfIuv'ED BY fIGURE.. 05-4t'i12. nAr.;y 14. DREW', r.E. J,! }for 10K i '" " 'I APPENDIX SOIL BORING, SAMPU"JG AND TFSTIVi MET! IODS PROJECT SOIL DESCRIPTION PROCEDURE - UNIFIED lOK SOil BORING, SAMPLING AND TESTING METHODS STANDARD PENETRATION TES T The Standard Penetration Test (SPT) is a widely accepted method of in situ lesting of foundation soils (ASTM D.1586). A 2-foot (0.6 m) long, 2.inch (50 mm) O.D. split-barrel sampler attached to the end of a string of drilling rods is driven 18 inches 10.45 m) into the ground by successive blows of a 140-pound (63.5 Kg) hammer freely dropping 30 inches 10.76 m). The number of blows needed for each 6 inches (0.15 m) of penetration is recorded. The sum of the blows required for penetration of the second and third 6-inch (D. 15 m) increments penetration constitutes the test result or N-value. After the test, the sampler is extracted from the ground and opened to allow visual description of the retained soil sample. The N-value has been empirically correlated with various soil properties allowing a conservative estimate of the behavior of soils under load. The following tables relate N-values to a qualitative description of soil density and, for cohesive soils, an approximate unconfined compressive strength (Qui: Cohesionless Soils: N-Value o to 4 4to 10 10 to 30 30 to 50 Above 50 Cohesive Soils: N-Value o to 2 2 to 4 4 to 8 8 to 15 1 5 to 30 Above 30 Descriotion Very loose loose Medium dense Dense Very dense Descriotion Qu Very soft Soft Medium stiff Stiff Very stiff Hard Below 0.25 tsf (25 kPa) 0.25 to 0.50 tsf (25 to 50 kPa) 0.50 to 1.0 tsf (50 to 100 kPa) 1.0 to 2.0 tsf (100 to 200 kPa) 2.0 to 4.0 tsf (200 to 400 kPa, Above 4.0 tsf (400 kPaj The tests are usually performed at 5-foot (1.5 m) intervals, However, more frequent or continuous testing is done by our firm through depths where a more accurate definition of the soils is required. The test holes are advanced to the test elevations by rotary drilling with a cutting bit, using circulating fluid to remove the cuttings and hold the fine grains in suspension. The circulating fluid, which is bentonitic drilling mud, is also used to keep the hole open below the water table by maintaining an excess hydros:atic pressure inside the hole. In some soil deposits, particularly highly pervious ones, flush-coupled casing must be driven to just above the testing depth to keep the hole open and/or prevent the loss of circulating fluid. After completion of a test boring, the hole is kept open umil a steadf state groundwater level is reccrded. The hole is then sealed by backfilling with neat cement. Representative spljt~spoon samples from each sampling interval and from different strata are brought to our laboratory in air-tight jars for classi1ication and testing, if necessary_ Afterwards. the sampfes are discarded unless prior arrangements have been made. POWER AUGER BOR.INGS Auger borings are used when ,-'I relatively large~ cont(nuous sampling of soil suara close fa lhe ground surface IS desired. A>:nch (100 Il'~m) d:;jrr:eter, continuous flighr, hr.!H:ai 3uger ',!"'Iith a cutting head at its end is screvL:'d into the ground In S-toot {1.5 m) sectlons~ J1 is: powered by tile I 0 K v~ If . rotary drill rig. The sample is recovered by withdrawing the auger out of the ground without rotating it. The soH sample so obtained, is described and representative samples put in bags or jars and returned to the laboratory for classification and testing, if necessary. HAND AUGER BORlNGS Hand auger borings are used, if soil conditions are favorable, when the soil strata are to be determined within a shallow (approximately 5.foot [1.5 mJI depth or when access is not available to power drilling equipment. A 3-inch (75 mm) diameter hand bucket auger with a cutting head is simultaneously turned and pressed into the ground. The bucket auger is retrieved at approximately 6-inch (0.15 m) inteNals and its contents emptied for inspection. Sometimes POSt. hole diggers are used, especially in the upper 3 feet (1 m) or so. The soil sample obtained is described and representative samples put in bags or jars and transported to the laboratory for classification and testing, if necessary. UNDISTURBED SAMPUNG Undisturbed sampling implies the recovery of soil samples in a state as close to their natural condition as possible. Complete preseNation of in situ conditions cannot be realized; however, with careful handling and proper sampling techniques, disturbance during sampling can be minimized for most geotechnical engineering purposes. Testing of undisturbed samples gives a more accurate estimate of in situ behavior than is pOSSible with disturbed samples, Normally, we obtain undisturbed samples by pushing a 2.875-inch (73 mm) 1.0., thin wall seamless steel tube 24 inches (0.6 m) into the soil with a single stroke of a hydraulic ram. The sampler, which is a Shelby tube, is 30 (0.8 m) inches long. After the sampler is retrieved, the ends are sealed in the field and it is transported to our laboratory for visual description and testing, as needed. Undisturbed sampling is noted on the boring logs as thus "U-". LABORATORY TEST METHODS Soil samples returned to our laboratory are looked at again by a geotechnical engineer or geotechnician to obtain more accurate descriptions of the soil strata. Laboratory testing is performed on selected samples as deemed necessary to aid in soil classification and to help define engineering properties of the soils. The lest results are presented on the soil boring logs al the depths at which the respective sample was recovered, except that grain size distributions or selected other test results may be presented on separate tables. figures or plates as discussed in this report. The soil descriptions shown on the logs are based upon visual.manual procedures in accordance with local practice. Soil classification is in general accordance with the Unified Soil Classification System (ASTM 0..2487) and is also based on visual.manual procedures. Following is a list of abbreviations that may appear in the Remarks column on the boring logs indicating additional laboratory testing was performed. DO k Ou Consol Dry Density of Undisturbed Sample Hydraulic Conductivity (Coefficient of Permeability) Unconfined Compression Strength; ASTM 0-2166 Isoil). 0-2938 (rock} One.Dimensional Consolidation test performed on subsample from undisturbed sample: ASTM 0.2425 (rep,)rt usually presented in Appendix) 1 0 Ki(~J r!fi THE PROJECT SOil DESCRIPTION PROCEDURE FOR SOUTHWEST FLORIDA'" For use with the ASTM 0 2487 Unified Soil Classification Svstem CLASSIFICATION OF SOilS FOR ENGINEERING PURPOSES ORGANIC SOilS (Continued): Organic Descriptive Content Adje<:tives Classification 5 - 30% organic SM with organic fines Organic Silt (Oll Organic Clay (Ol) Organic Silt (OH) Organic Clay (OHI HIGHLY ORGANIC SOilS AND MATTER Description 30-75% sandy peat silty peat Peat (PT) Peat (PT) >75% amorphous peat fibrous peat Peat (PT) Peat {PT) STRATIFICATION AND STRUCTURE Descriotive Term with interbedded seam layer stratum pocket lens occasional frequent calcareous hardpan marl Thickness less than 1/2-inch {13 mm) thick 112 to 12-inches (13 to 300 mm) thick more than 12-inches (300 mm) thick small, erratic deposit, usually less than 1.foot lenticular deposits one or less per foot of thickness more than one per foot of thickness containing calcium carbonate (reaction to diluted Hell spodic horizon usually medium dense mixture of carbonate clays, silts, shells and sands. ROCK CLASSIFICATION (FlORIDA) CHART S~ lS WLS LR .LrQica! Descrio!ron Hard Bedded Limestone or Caprock F'-3ctured or \f/eathered Limestone L;,nerock (gravel, sand, silt and Ci~i"( mixture; St-~atified Limestone and Soils SLS (1 j This soil deSCription proc'.'dure was developed specificaliy for projects in southwest Florida because It is believed th.1t the terminofogy wiH be better understooq as a result of local practice. ft is not intended to supplant other visual. maf\ua! classification procedures for description and idenrific.3tiOn of soils such as ASTM 0 2488. BY': G.I<.. Df:f'J, P.E. (19'9S) THE PROJECT SOIL DESCRIPTION PROCEDURE FOR SOUTHWEST FLORIDA'" For use with the ASTM D 24B7 Unified Soil Classification System CLASSIFICATION OF SOILS FOR ENGINEERING PURPOSES BOULDERS (> 12" 1300 mml) and COBBLES (3" 175 mml TO 12" 1300 mm]): GRAVEL: Coarse Gravel: Fine Gravel: 3/4" (19 mm) to 3" (75 mm) No.4 (4.75 mml Sieve to 3/4" (19 mm) Descriptive adiectives: o . 5% -. no mention of gravel in description 5-15% -trace 1 5 . 29 % -- some 30.49% -- gravelly (shell. limerock, .cemented sands) SANDS COARSE SAND: MEDIUM SAND: FINE SAND: No. 10 (2 mm) Sieve to No.4 (4.75 mm) Sieve No. 40 (425 pm) Sieve to NO.1 0 (2 mm) Sieve No. 200 (75 pm) Sieve to No. 40 (425 pm) Sieve Descri ptive adjectives: 0.5% 5 -15% 15.29% 30 - 49% no mention of sand in description trace some sandy SILT ICLA Y: < #200 (75 pm) si€ve SILTY OR SILT: PI < 4 SILTY CLAYEY OR SILTY CLAY: 4::; PI :5 7 CLA YEY OR CLAY: PI > 7 DescriPtive adkctives/adverbs: < .5% - clean (no mention of silt or clay in description). 5-12% - slightly to 15% 16.35% 36 - 49'" -. clayey, silty. or silty clayey -~ very ORGANIC SOILS Organic Content Descriptive Adjectives Classification 0.2.5% usually no mention of organics in description See Above 2.6.5% slightly organic add "with organic fir.es~ !o group name 10K 'l~11f!J ~;;_~ ~ dr~ Cn\cna fO<' AS$i<;l"""9 Group :;ymbois and Group Names lh'''9 Laboratory Tests" TABLE 1 Soil Classification. Chart 10K ~. ~ "'il Sou Cl.lssifotion COARSE..QR.....INED SOllS More than SO ,. ret8J~ 00 NO 200 sieve GteVd$ More lh.;n SO ,. 01 CQa:se Ilactio:1 relalf\ed on No -4 soeve """, 50'l; (l( more of coars.e Iraction pa.sses No. f; ~ve FlNE-GRAINED SOILS ~ X 01' more passes the No. 200 ole"" Siu and Cays; LiQcid limit less tf\arl &0 SIts and Clays l..iQOd"irTVt SO 0( r.\Ol"e HIGHt Y ORGANIC SOILS .. &sed on the meteriaJ ~ the 3-fl. (75-tm\) ...... . If liaid &.aI'l1pla COOtoined cobDies or ~, OC' bOth, add .with C(lb/)It;Is or boc.AOat's, or bOth- to group name. eGnlvefs with 5 to '2 ':t ~ reqvir"e dual symt:lOls: GW-GM we~ded gravel' wtth sIl'I: GW.(JC we6ilrao&:::l gravel v.ittl day GP-GM poorly gr/l.Oed gl1lvel witt! sit GP-GC poorty OfadOO graYd wM cuy o Sands with 5 to 12 t. &nes requre dual ",""",,: fN{...sM~5&'ld with sit SW-$C weG-g1llded W'Id wtth l2y SP-5M poorly gnided W)d wtth sit SP-SC p:>orly gr~ W1d -Mth day '" H '" .. x ~ ol.O~ ; "'rl ;- ~ : 201' ,at 'I-u ;1;; o J i Hi -,I; 1<:J OeanGral'cls Less lNlt) 5 'l; flOCSc Cu :!:. 4 and t ~ Cc 'S Jl ClJ <.4 ana/Of t ;. Cc > Jl Fines classA)' 45 Ml Of MH Fanes d3ssity as Cl or CH Cu ~ 6 and , :S Cc :s Jl Cu < 6 tJNJ/oc I ;. Cc > 3t" F~ dassity as ML 0( MH ~CfaSs/tyasCLorCH PI> 7 and plots on 0( at;.:we -A- ineJ PI <.( or plots betow -^- ine;' Uquidimit-ovet"\dr\f):j LktuId'MmIt - not dried < 0.75 PI plots on or aoove "A- ine Gravels with Fnes. M(l(e t."\an.12~ flf\Csc Clean """, Less than 5 t flOeS 0 Sancls-wrthFlI"leS ~e th&112 % fmeso - ~ ...,."""" PI plots bebw -,..." ine Uquid Iimi'l - oven dt1ed t.,quld imIt - not 00ed < 0.75 Prim.vfyOt"'Qanicmatter,cWoc.incolor.&f\d~OOOr e Cll-O.olO.o O:;..~ 010 X DbO "ffiOl~ Z:. IS~ satld. add: "Witn.SlIfld'" to group name. o 11 noes ~ as a...-ML, use dual !>ymbd GC- GM, (J( sc.sM. ~ If fines 81':l 0fV&'lIc. &Od -wlltl ocganic fb'leS' 10 QfOUp name. lif soli cootai"..s 2; 15 t. gravel. add "",,~th Qrnvel" 10 group name, oJ rr Atteroerg irr'Jts plot n hat.d'lod area. soi is ll. a.CML silty clay. .... if S9I contains .15 to 29 ~ plus No. 200, Add -with ~ or "wfth gravel,. whk::hever i$ pre- _C l if $01 ClOht4hS ~ 30 ~ ,plus No. 200, pre-- dorrJnanlty sand~ add "sandy. to group ~. ~ Group GrO<Jp Narne# $ymllol GW wefl"9r,;dOClgravel' Gr Poony gradoo gravel' GM S~ty QcaverF,o..... GC C14yey graveV.o.I< SW Weft-gradOO sandI sr Poortygrlldod sand' SM Silly sandO.H) SC Clayey sandO.H.1 a. lean day-<'U'" ML Sill""'" OL Organic da~.H Oroanic *1...1.1.0 CH Fat dayK..J...U MH ELastic Sill-<'Lu OH Orgaroic da~""''' <XQanic: slICO<'.........o f'T """, "'If sol! COfllair".s ~ 30~ plus No. 200, pre. ~t!y g-avel, add .Qf!V&lIy" to group name. H PI ~ 4 BI'\d plots 00 C1(!bove ',..- ine. o PI < f; Of plots bclow "A" n. ~Ptpiots co or 8.bove "A-lir>G Q PI plots belOW "A" line i I ~H oR OH I I +. I I I I I ' u -+-I---j + . I .-tt..n --] I I __..-.-.--1 - 1-0 '00 'H:; (o.r "uuf;atiool/l\' fil>({;I'~ SOlis ll..dfor.t-v-o~IfI",HH' cvor'W.~ 'l.O.h. (<t<Hf_d"..:-I,. H.,r',';)llht/lfi'!-4 t'- PI.O.i'} <<..l'" (q..<l'fto.!Q("U'-",.. 'futi<<fo;! lLqG: :"n-7 rtou P[ 'O.'.llLl-i!l1 ML""OL I il, ..~___....J. >0 ~o ~-o L lOUfO !_ 1l.,.11 '" ILL) '0 "0 IOK ~ll k;ti.,. ,1 '~':'~ Al'daman & Associates, Inc. Ardaman File No. 05-4612 March 21, 2006 CH2M HILL, INC. 4360 West Cypress Street, Suite 600 Tampa, Florida 33607 Attention: Mr. Tom Spriggs Subject: Addendum to the Geotechnical Report Gordon River Water Quality Park Naples, Collier County, Florida Reference: Ardaman & Associates, Inc. Report of Subsurface Soil Exploration, Analysis and Recommendations for the subject project dated October 6, 2005 Gentlemen: We understand that the proposed building area as outlined on our Boring Location Plan in the referenced report and represented by test borings SPT-7, 8 and 9, has moved about 100 feet to the east. We revisited the site and performed additional test borings to determine if subsurface conditions changed sufficiently to warrant different recommendations for site preparation and foundation design from that discussed in the referenced report. On March 20, 2006, five hand auger borings were performed near the corners and center of the area you showed us on an email attachment as the new building area. A boring location plan is attached and each boring location is shown as HA-1 throjgh HA-5. A hand-held bucket auger was used to advance each borehole and recover soil samples for description. Relative density of the soils was judged by driving a dynamic cone penetrometer (DCP) at 6-inch intervals. The DCP has been shown to approximate the N-Value from the Standard Penetration Test (SPT). Soil descriptions and recorded cone penetrometer resistance (CPR) are shown on the attached logs. The borings encountered loose to medium dense fine sands from the ground surface to the 5-foot depth explored-similar to that disclosed by test borings SPT-7, 8 and 9 in the referenced report. It is our opinion that subsurface conditions as encountered by the borings are adequate for shallow 10 Kr\~'- Ardaman File No. 05-4612 March 21, 2006 foundation support with the floor slab-an-grade. Recommendations for site preparation and foundation design as submitted in the referenced report do not change. We appreciate the opportunity to be of service to you on this project. Please call us if you have any questions about this information, Very truly yours, Ad """."'. ",. .,. 5 (2JI,( Gary A. Drew, P.E. Branch ManageriVIce President G/lO/egs Attachments: Boring Location Plan Logs HA-1 through HA-5 2 ,."'CL..a; i>,rWHI1("lfl & Assocmles. Inc - ~ 0"" u &;,g ~"8 =;"~ ,,1\1 CIl __ J3.=::;:. "c: C = ;.:. -~ 'flOC ~ 8.!!l c.; I.,. -= ".!i: ~ Q <:.I 0 cc >:t;' o:.l _" oIi15.g ';; ~ ~ c. U .c ~ = l! <Il - ~ :::: E .. Q.::.. ~ ~ -:(...... 1! III C :I., ~~::f :; c.!: ." 0 "- ':ii j!Z z ~ c.. Z C 0: :.t u q :c ::; N ::r: U ... .Q "" " "" 'r; e Cl. o - o ..c Cl. ;:; ";: " .. .... o ... Cl. o " u z - c:: C c: ~ " ... ;: Vi IoU z()~ :::: 10K ~) ( . ~ w_ a 5 u c ~ o ~ . ;.:; ::t ~ ; S .>: ~ g S~ ::: > <:' U 0,_ .~ ~ , ~ ~ 5 ~ . J ~ ~ = -- ... .& . Ardaman & As~ociates. Inc. IOK I I Geotechnical, ::nvironmental and Materials Consultants 9970 Bavaria Road Fort Myers, Florida 33913 239.768.6600 phone 239.7660409 'ax REPORT OF DYNAMIC CONE PENETROMETER (DCP) CLIENT: CH2M Hill, Inc. FILE NO.: 436D West Cypress Street, Suite 6DO 05-4612 Tampa, Florida 33607 DATE: 03/20/06 Attention: Mr. Tom SpriSgs TEST NO.: HA-1 Tested By: PROJECT: Gordon River Water Quality Park Mitch Shedio LOCATION: Golden Gate park'lJay Naples, Collier County, Florida DCP LOCATION(S) : SE Corner of Building See Boring Location Plan I COMMENTS: none Depth Cone Penetrometer Resistance Soil Description (blows per 1-J/4-inch increment) From To 1st 2nd Penetration Penetration Surface 0.5 Light gray fine sand (SP) . --- --- 0.5 1.0 Light gray fine sand (SP) . 3 3 1.0 1.5 Light gray fine sand (SP) . 4 4 2.0 Light .. fine sand (SP) . 4 5 1.5 gray 2.0 2.5 Light gray fine sand (SP) . 4 5 2.5 J.O Light gray fine sand (SP) . 5 5 3.0 3.5 Gray fine sand (SP) . 6 6 3.5 4.0 Gray fine sand (SP) . 6 6 4.0 4.5 Gray fine sand (SP) . 6 7 4.5 5.0 Brown fin-e sand (SP) 9 9 5.0 5.5 Term at 5,0' 5.5 6.0 ._mm 6.0 6.5 6.5 7.0 .. -. Groundwater encountered at 3.5 feet. Notes: . Penetration test performed in a 3-inch dia. augered hole advanced to ea.ch test depth. . Drive cone set 1.75 inches into bottom of hole before recording first CPR. lOK ...,. ... Ardaman & Associates, Ine ..& . Geotechnical, ::nvironmental and Materials Consultants 9970 Bavaria Road Fort Myers, Florida 33913 239.768.6600 ,hone 239.768.0409 fax CLIENT: CH2M Hill, Inc. FILE NO.: 436D West Cypress Street, Suite 600 05-4612 Tampa, Florida 33607 DATE: 03/20106 Attention: Mr. Tom Spriggs TEST NO.: HA-2 Tested By: PROJECT: Gordon River Water Quality Park Mitch Shedio LOCATION: Golden Gate Parkway Naples, Collier County, Florida DCP LOCATION(S) : Center of Building See Boring Location Plan COMMENTS: none Depth Cone Penetrometer Resistance Soil Description (blows per l-J/4-inch inc:remen t) ..-- From To 1st 2nd Penetration Penetration Surface 0.5 Light gray fine sand (SP) . -- - -"" 0.5 1.0 Light gray fine sand (SP) . 2 2 1.0 1.5 Light gray fine sand (SP) . 2 3 1.5 2.0 Light gray fine sand (SP) . 3 3 2.0 2.5 Light gray fine sand (SP) . 3 4 2.5 3.0 Light gray fine sand (SP) . 4 4 3.0 3.5 Gray fine sand (SP) . 5 5 3.5 4.0 Gray fine sand (SP) . 5 6 4.0 4.5 Gray fine .. sand (SP) . 6 6 4.5 5.0 Brown fine sand (SP) B ~ 5.5 . 5.0 Term at 5.0' 5.5 6.0 6.0 6.5 6.5 7.0 Groundwater encountered at 3.5 feet. Notes, . Penetration test performed in a 3-inch dia. augered hole advanced to each test depth. . Drive cone set 1.75 inches into bottom of hole before recording first CPR. lOK ", -- ... ... . Ardamafl & Associates, Inc. Geotechnical, Environmental and Materials Consultants 9970 Bavaria Road Fort Myers, Florida 33913 239.768.6600 phone 239.768.0409 iax CLIENT: CH2M Hill, Inc. FILE NO.: 4360 West Cypress Street, Suite 600 05-4612 Tampa, Florida 33607 DATE: 03/20/06 Attention: Mr. Tom Spriggs TEST NO.: HA-3 Tested By: PROJECT: Gordon River Water Quality Park Mitch Shedio LOCATION: Golden Gate Parkway Naples, Coll ier CO'.mty, Florida DCP LOCATION(S) : NW Corner of Building See Boring Location Plan COMMENTS: nor:e Depth Cone Penetrometer Resistance Soil Description (blows per 1-3/4-inch increment) From To 1st 2nd Penetration Penetration Surface 0.5 Light gray fine sand (SP) . - - --- 0.5 1.0 Light gray fine sand (SP) . 3 3 1.0 1.5 Light g'ray fine sand (SP) . 4 4 1.5 2.0 Light gray fine sand (SP) . 4 5 -=-.- 2.5 Light fine sand (SP) . 5 5 2.0 gray 2.5 3.0 Light gray fine sand (SP) . 5 5 3.0 3.5 Light gray fine sand (SP) . 6 7 3.5 4.0 Gray fine sand (SP) . 6 7 4.0 4.5 Gray fine sand (SP) . 7 7 4:5- 5.0 Gray fine sand (SP) 9 10 5.0 5.5 Term at 5. 0' 5.5 6.0 6.0 6.5 6.5 7.0 - Groundwater encountered at 3.5 feet. Notes: . Penetration test performed in a 3-inch dia. augered hole advanced to each test depth. . Drive cone set 1.75 inches into bottom of hole before recording first CPR. ....... Ardaman & Associates, Inc. .... . 10 K: ~'iP' Geotechnical, EnVIronmental and Materials Consultants 9970 Bavaria Road Fort Myers. Florida 33913 239.768.6500 phone 239.768.0409 'ax CLIENT: CH2M Hill, Inc. FILE NO.: 4360 West Cypress Street, Suite 600 05-4612 Tampa, Florida 33607 DATE: 03/20/06 Attention: Mr. Tom Spriggs TEST NO.: HA-4 Tested By: PROJECT: Gordon River Water Quality Park Mitch Shedio LOCATION: Golden Gate Parkway Naples, Collier County, Florida DCP LOCATION (S) : NE Corner of Building See Boring Location Plan COMMENTS: nor.e Depth Cone Penetrometer Resistance Soil Description (b lows per 1-3/4-inch incremen t) From To 1st 2nd penetration Penetration Surface 0.5 Light gray fine sand (SP) . -- --- 0.5 1.0 Light gray fine sand (SPI . 2 2 1.0 1.5 Light gray fine sand (SP) . 2 3 1.5 2.0 Light gray fine sand (SPI. 3 3 2.5 Light ... fine sand (SPI. 4 2.0 gray 4 2.5 3.0 Llght gray fln~ sand ISP) . 4 5 3.0 3.5 Gray fine sand (SP) . 5 5 3.5 4.0 Gray fine sand (SP) . 5 6 4.0 4.5 Gray fine sand (SP) . 7 7 4.5 5.0 Gray fine sand (SPI 7 9 5.0 5.5 Term at 5. 0' 5.5 6.0 6.5 .. 6.0 6.5 7.0 Grouncwater e~countered at 3.5 feet. Notes: . Penetration test performed in a 3-inch dia. augered hole advanced to each test depth. . Drive cone set 1.75 inches into bottom of hole before recording first CPR. IOK l f'; -.- ,. Ardaman & Associates, Jne. .& . Geotechnical, Environmental and Materials Consultants 9970 Bavaria Road Fort Myers, Florida 33913 239.768.6600 phone 239.768.0409 fax CLIENT: CH2M Hill, Inc. FILE NO.: 4360 West cypress Street, Suite 600 05-4612 Tampa, Florida 33607 DATE: 03/20/06 Attention: Mr. Tom Spriggs TEST NO.: HA-5 Tested By: PROJECT: Gordon River Water Quality Park Mitch Shedio LOCATION: Golden Gate Parkway Naples, Collier CO"Jnty, Florida DCP LOCATION(S) : SW Corner of Building i See Boring Location Plan - COMMENTS: nor.e Depth - Cone Penetrometer Res~staDce Soil Description (blows per 1-3/4-inch increment) From To 1st 2nd 'Penetration Penetration Surface 0.5 Light gray fine sand (SP) . _u u 0.5 1.0 Light fine sand (SP) . 3 3 -.- gray 1.0 1.5 Light gray fine sand (SP} . 3 4 1.5 2.0 Light gray fine sand (SP) . 4 6 2.0 2.5 Light gray fine sand (SP) . 5 6 2.5 3.0 Light gray fine sand (SP) . 5 6 3.0 3.5 Gray fine sand (SP) . 7 7 3.5 4.0 Gray fine sand (SP) . 9 8 4.0 4.5 Gray fine .. sand (SP) . 9 9 4.5 5.0 Gray fine sand (SP) 10 10 f-s:o. 5.5 Term at 5. 0' 5.5 6.0 To 6.5 - ~_. ... 7.0 ---- 6.5 Groundwater encountered at 3.5 feet. Notes: . Penetration test performed in a 3-inch dia. augered hole advanced to each test depth. . Drive cone set 1.75 inches into bottom of hole before recording first CPR. 10 K f.!pi~ 33I560A.GN I SECTION 02374 RIPRAP AND RIPRAP BEDDING PART I GENERAL 1.01 REFERENCES A. The following is a list of standards which may be referenced in this Section: 1. ASTM International (ASTM): a. C94, Standard Specification for Ready-Mixed Concrete. b. C 136. Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates. c. C 150. Standard Specification for Portland Cement. d. C535. Standard Test Method for Resistance to Degradation of Large-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. 1.02 DEFINITIONS A. Standard Specifications, as used in this Section, refer to Florida Department of Transportation Specification for Road and Bridge Construction. 1.03 SUBMITTALS A. Action Submittals: I. Shop Drawings: a. Description and location of propos cd sources of rip rap bedding and riprap. b. Description and location of three projects where proposed riprap has been successfully used for minimum 3 years' duration under similar service conditions. B. Informational Submittals: I. Certified Test Results: a. Riprap: I) Gradation. 2) Bulk density. 331560.GR 02374 JULY 31. 2007 RIPRAP AND RIPRAP BEDDING 10K 33] 560A.GN I 1.04 QUALITY ASSURANCE A. Riprap Source: Quarry that has produced riprap and has performed satisfactorily on other projects for at least 5 years. 1.05 SCHEDULING AND SEQUENCING A. Complete subgrade preparation as specified in Section 023] 9, Subgrade Preparation, and geotextile installation as shown, prior to placing riprap. PART 2 PRODUCTS 2.0] GEOTEXTILE RIPRAP BEDDING A. Gotextile as shown. 2.02 RIPRAP A. Hard and durable quarry stone free from fractures, bedding planes, pronounced weathering, and earth or other adherent coatings. B. Minimum Dimension of ]ndividual Pieces: Not less than 1/3 maximum dimension. C. Abrasion Resistance: Maximum 35 percent wear as determined in accordance with ASTM C535. D. Bulk Density: Minimum] 60 pounds per dry cubic foot. E. Gradation: Smaller pieces shall generally fill voids between larger pieces without either excess or deficiency of one or more sizes of stone. PART 3 EXECUTION 3.0] PLACING RIPRAP A. Place riprap over prepared subgrade, geotextile to lines and grades shown. B. No mechanical compaction of riprap is required; however, work riprap bedding as necessary to distribute it and to eliminate detrimental voids. Avoid overworking or long pushes that result in segregation of particle sizes. C. Grade surface of rip rap bedding free from irregularities and to tolerances of 0.2 feet trom established grade. 331560.GR 02374 2 JULY 3], 2007 RIPRAP AND R]PRAP BEDDING IOK 33l560A.GN I D. Place and grade riprap in a manner that avoids subgrade disturbance and displacement or damage to geotextile. Do not push riprap bedding down slope. If wrinkles form in geotextile as riprap bedding is placed, correct them as specified by the Geotextile Manufacturer. E. Place riprap on geotextile without puncturing or damaging geotextile. If accidentally damaged. repair geotextile prior to proceeding. END OF SECTION 331560.GR 02374 3 JULY 31,2007 R1PRAP AND RlPRAP BEDDING 10 K J~ j 331560A.GN I SECTION 02930 EXTERIOR PLANTS PART 1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division I, General Requirements, Specification scctions. apply to this Section. 1.02 REFERENCES A. The following is a list of Standards which may be referenced in this Section. I. American Standard for Nursery Stock, ANSI 260.1-2004 edition. 2. Florida Grades and Standards for Nursery Plants, Florida Department of Agriculture and Consumer Services Division of Plant Industry. httpli,,,,,-,y.doacs.state.lI.usJd IInubs.htl1Jl 3. Native Florida Plants, Robert G. Haehle and Joan Brookwell, 1999. 4. Betrock's Reference Guide to Florida Landscape Plants. Timothy K. Broschat and Alan W. Meerow, fourth edition. 1999. 1.03 SUMMARY A. This Section Includes the Following: I. Trees. 2. Shrubs. 3. Ground cover. 4. Plants. B. Related Sections Include the Following: I. Section 02200. Site Preparation for protection of existing trees and planting, topsoil stripping and stockpiling, and site clearing. 2. Division 2, Site Construction for excavation, filling, and rough grading and for subsurface aggregate drainage and drainage backfill materials. 3. Division 2, Site Construction for below-grade drainage of landscaped areas, paved areas. and wall perimeters. 1.04 DEFINITIONS A. Balled and Burlapped Stock: Exterior plants dug with firm, natural balls of earth in which they are grown, with ball size not less than diameter and depth recommended by ANSI Z60.1 for type and size of tree or shrub required; wrapped. tied. rigidly supported, and drum-laced as recommended by ANSI Z60.1. 331560.GR 02930 JUL Y 26. 2007 EXTERIOR PLANTS lOK ,j , ,-, .~J 1 33 I 560A.GN I B. Bare-Root Stock: Exterior plants with a well-branched, fibrous-root system developed by transplanting or root pruning. with sailor growing medium removed, and with not less than minimum root spread according to ANSI 260.1 for kind and size of exterior plant required. C. Container-Grown Stock: Healthy, vigorous, well-rooted exterior plants grown in a container with well-established root system reaching sides of container and maintaining a firm ball when removed from container. Container shall be rigid enough to hold ball shape and protect root mass during shipping and be sized according to ANSI 260. I for kind, type, and size of exterior plant required. D. Finish Grade: Elevation of finished surface of planting soil. E. Manufactured Topsoil: Soil produced off-site by homogeneously blending mineral soils or sand with stabilized organic soil amendments to produce topsoil or planting soil. F. Planting Soil: Mix native or imported topsoil, manufactured topsoil. or surface soil modified to become topsoil; mixed with soil amendments. G. Subgrade: Surface or elevation of subsoil remaining after completing excavation, or top surface ofa fill or backfill, before placing planting soil. 1.05 SUBMITTALS A. Product Data: For each type of product indicated. B. Topsoil Analysis: Furnish soil analysis by a qualified soil testing laboratory stat pcrcentages of organic mattcr, gradation of sand, silt, and clay content, cation exchange capacity. salt content. deleterious material, soil pH; Macro and Micro nutrient content of topsoil. C. Product Certificates: For each type of manufactured product. signed by product manufacturer, and complying with the following: I. Manulacturer's certified analysis for standard products. 2. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable. D. Qualification Data: For landscape Installer. E. Material Test Reports: For existing surface soil and imported topsoil. 331560.GR 02930 2 JUL Y 26, 2007 EXTERIOR PLANTS 10K "'I .~ 331560A.GNI F. Planting Schedule: Submit in writing, two copies of the proposed planting schedule, indicating dates for topsoil placement, soil preparation, herbicide treatments. seeding and coordination with plant procurement, plant delivery, and installation. Once accepted, revise dates only as approved in writing. Provide to Landscape Architect reasonable purpose for accelerated or delayed schedu Ie for review and approval. G. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of exterior plants during a calendar year. Submit before expiration of required maintenance periods. 1.06 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful establishment of exterior plants. I. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project Site when exterior planting is in progress. B. Soil-Testing Laboratory Qualifications: An independent laboratory. recognized by the State Department of Agriculture. with the experience and capability to conduct the testing indicated and that specializes in types oftests to be performed. C. Topsoil Analysis: Furnish soil analysis by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; sodium absorption ratio; deleterious material; pH; and mineral and plant-nutrient content of topsoil. I. Report suitability of topsoil for plant growth. State recommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce a satisfactory topsoil. D. Provide quality, size, genus, species, and variety of exterior plants indicated, complying with applicable requirements in ANSI Z60.1, "American Standard for Nursery Stock." I. Selection of exterior plants purchased under allowances will be made by Landscape Architect, who will tag plants at their place of growth before they are prepared for transplanting. E. Tree and Shrub Measurements: Measure according to ANSI Z60. I with branches and trunks or canes in their normal position. Do not prune to obtain required sizes. Take caliper measurements 6 inches (150 mm) above ground fortress up to 4-inch (100 mm) caliper size. and 12 inches (300 mm) above ground for larger sizes. Measure main body of tree or shrub for height and spread; do not measure branches or roots tip-to-tip. 331560.GR 02930 3 JUL Y 26, 2007 EXTERIOR PLANTS IOK ,.:4 .' ~ 33 l560A.GN I F. Observation: Landscape Architect may observe trees and shrubs either at place of growth or at site before planting for compliance with requirements for genus, species. variety. size, and quality. Landscape Architect retains right to observe trees and shrubs further for size and condition of balls and root systems, insccts, injuries, and latent defects and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from Project Site. I. Notify Landscape Architect of sources of planting materials 7 days in advance of delivery to Site. G. Preinstallation Conference: Conduct conference at Project site to comply with requirements in Division I Scction, General Requirements, Project Management and Coordination. 1.07 DELIVERY, STORAGE, AND HANDLING A. Delivcr extcrior plants freshly dug. I. Immediately after digging up bare-root stock, pack root system in wet straw. hay, or other suitable material to keep root system moist until planting. B. Do not prune trees and shrubs before delivery, except as approved by Architect. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage. Do not bend or bind-tie trccs or shrubs in such a manner as to destroy their natural shape. Provide protective covering of exterior plants during delivery. Do not drop exterior plants during delivery. C. Handle planting stock by root ball. D. Deliver exterior plants after preparations for planting have been completed and install immediately. If planting is delayed more than six hours after delivery, set exterior plants trees in shade, protect from weathcr and mechanical damage. and keep roots moist. I. Heel-in bare-root stock. Soak roots in water for two hours if dried out. 2. Set balled stock on ground and cover ball with soil, peat moss, sawdust. or other acceptable material. 3. Do not remove containcr-grown stock from containers before time of planting. 4. Water root systems of exterior plants stored on-site with a fine-mist spray. Water as often as necessary to maintain root systems in a moist condition. 331560.GR 02930 4 JULY 26, 2007 EXTERIOR PLANTS lOK'IW' 33 I 560A.GN J 1.08 COORDINATION A. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit. B. Coordination with Lawns: Plant trees and shrubs after finish grades are established and before seeding wildflowers, unless otherwise acceptable to Landscape Architect. I. When planting trees and shrubs seeding wildflowers, protect seeded areas and promptly repair damage caused by planting operations. J .09 WARRANTY A. Special Warranty: Warrant the following exterior plants, for the warranty period indicated, against defects including death and unsatisfactory growth, except for dcfects resulting from lack of adequate maintenance, neglect, or abuse by Owner, or incidents that are beyond Contractor's control. I. Warranty Period for Trees and Shrubs: One year from date of Substantial Completion. 2. Warranty Period for Ground Cover and Plants: Six months from date of Substantial Completion. 3. Remove dead cxterior plants immediately. Replace immediately unless required to plant in the succeeding planting season. 4. Replace exterior plants that are more than 25 percent dead or in an unhealthy condition at end of warranty period. 5. A limit of one replacement of each exterior plant will be required, except for losses or replacements due to failure to comply with requirements. I. J 0 MAINTENANCE A. Trees and Shrubs: Maintain for the following maintenance period by pruning, cultivating, watering, weeding, fertilizing, restoring planting saucers, tightening and repairing stakes and guy supports, and resetting to proper grades or vertical position, as required to establish healthy, viable plantings. Spray as required to keep trees and shrubs free of insects and disease. Restore or replace damaged tree wrappings. I. Maintenance Period: Twelve months from date of Substantial Completion. B. Ground Cover and Plants: Maintain for the following maintenance period by watering, weeding. fertilizing, and other operations as required to establish healthy, viahle plantings: I. Maintenance Period: Six months from date of Substantial Completion. 331560.GR 02930 5 JUL Y 26, 2007 EXTERIOR PLANTS 1 0 K \i'''' 331560A.GN] PART 2 PRODUCTS 2.01 TREE AND SHRUB MATERIAL A. General: Furnish nursery-grown trees and shrubs complying with ANSI 260.1. with healthy root systems developed by transplanting or root pruning. Provide well-shaped, fully branched, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. B. Grade: Provide trees and shrubs of sizes and grades complying with ANSI Z60.1 for type of trees and shrubs required. Trees and shrubs of a larger size may be used if acceptable to Landscape Architect, with a proportionate increase in size of roots or balls. C. Label each tree and shrub with securely attached, waterproof tag bearing legible designation of botanical and common name. D. Label at least one tree and one shrub of each variety and caliper with a securely attached. waterproof tag bearing legible designation of botanical and common name. E. If formal arrangements or consecutive order oftrees or shrubs is shown, select stock for uniform height and spread, and number label to assure symmetry in planting. 2.02 SHADE AND FLOWERING TREES A. Shade Trees: Single-stem trees with straight trunk, well-balanced crown, and intact leader. of height and caliper indicated, complying with ANSI Z60.1 for type of trees required. I. Provide field grown, balled and burlapped and/or container-grown trees as directed in landscape drawings. 2. Branching Height: One-third to one-half of tree height. B. Small Upright Trees: Branched or pruned naturally according to species and type, with relationship of caliper, height, and branching according to ANSI Z60.1: stem form as f()lIows: ]. Stem I'orm: Single stem. 2. Provide container-grown trees. 331560.GR 02930 6 JUL Y 26, 2007 EXTERIOR PLANTS 10K 'jl 331560A.GN I C. Multistem Trees: Branched or pruned naturally according to species and type, with relationship of caliper, height, and branching according to ANSI Z60. I; stem form as follows: I. Stem Form: Clump. 2. Providc container-grown trees. 2.03 DECIDUOUS SHRUBS A. Form and Size: Deciduous shrubs with not less than the minimum number of canes requir~d by and measured according to ANSI Z60. I for type, shape, and height of shrub. I. Provide container-grown shrubs. 2.04 CONIFEROUS EVERGREENS A. Form and Si/c: Normal-quality, well-balanced, coniferous evergreens, of type, height, sprc3d, and shape required, complying with ANSI Z60. I. B. Form and Si/e: Specimen-quality, exceptionally heavy, tightly knit, symmetrically shaped coniferous evergreens and the following grade: I. Provide balled and burlapped trees. 2.05 BROADLEAF EVERGREENS A. Form and Size: Normal-quality, well-balanced, broad leaf evergreens, of type, height, spread, and shape required, complying with ANSI Z60.1. I. Provide balled and burlapped container-grown trees. 2.06 GROUND COVER PLANTS A. Ground Cover: Provide ground cover of species indicated, established and well rooted in pots or similar containers, and complying with ANSI Z60.1. 2.07 PLANTS A. Perennials: Provide healthy, field-grown plants from a commercial nursery, of species and variety shown or listed. B. Fast-Growing Vines: Provide vines of species indicated complying with requirements in ANSI Z60.1 as follows: 1. Two-y~ar plants with heavy. well-branched tops, with not less than three runners 18 inches (450 mm) or more in length, and with a vigorous well-developed root system. 331560.GR 02930 7 JULY 26, 2007 EXTERIOR PLANTS lOK j , 33 I 560A.GN I 2. Provide field-grown vines. Vines grown in pots or other containers of adequate size and acclimated to outside conditions will also be acceptable. C. Aquatic Plants: Provide healthy, disease-free plants of species listed. Provide only plants that are acclimated to outdoor conditions before delivery. 2.08 TOPSOIL A. Topsoil: ASTM D 5268, pH range of5.5 to 7, free of stones 1 inch (25 mm) or larger in any dimension and other extraneous materials harmful to plant growth. I. Topsoil Source: Amend existing in-place surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps, and other extraneous materials hannful to plant growth. a. Surface soil may be supplemented with imported or manufactured topsoil from off-site sources. Obtain topsoil displaced from naturally well-draioed construction or mining sites where topsoil occurs at least 4 inches (100 mm) deep; do not obtain from agricultural land, bogs, or marshes. 2.09 INORGANIC SOIL AMENDMENTS A. Lime: ASTM C602, agricultural limestone containing a minimum 80 percent calcium carbonate equivalent. B. Sulfur: Granular, biodegradable, containing a minimum of90 percent sulfur, with a minimum 99 percent passing through No.6 (3.35-mm) sieve and a maximum I () percent passing through No. 40 (0.425-mm) sieve. C. Iron Sulfate: Granulated ferrous sulfate containing a minimum of20 percent iron and] 0 percent sulfur. D. Aluminum Sulfate: Commercial grade, unadulterated. E. Perlite: Horticultural perlite, soil amendment grade. F. Super Absorbent Polymer: Crystals or Granules of nontoxic, neutral pH and non-biodegradable polymers capable of absorbing at least] 00 times their weight in water. Application rates to be as specified by the manufacturer for the use speeitied. I. Terawet by Terawet Corporation; 1-888-383-7293. 2. Terra-Sorb by Plant Health Care, Inc.; ] -800-42 ]-9051. 3. Or approved equal. 331560.GR 02930 8 JULY 26, 2007 EXTERIOR PLANTS lOK 331560A.GN I 2.10 ORGANIC SOIL AMENDMENTS A. Peat: Finely divided or granular texture, with a pH range of 5.5 to 8, moisture content 35 to 55 percent by weight, 100 percent passing through y,-inch (13 mm) sieve. B. Mycorrhizallnoculants: Diehard™ transplant or approved equal. Follow manufacturer's application instructions and rates. C. Mycorrhizal Fungallnoculants: Provide a product containing live spores of Endomycorrhizae and/or Ectomycorrhizae Fungi (depending on use). Both Endomycorrhizae and Ectomycorrhizae inoculants shall be combined with Humic Acids. Bio-stimulants, Soluable sea kelp, yucca plant extracts, and water abiling granules. Select on of the following: 1. Horticultural Alliance. Inc.: 1-800-628-6373. 2. Plant lIealth Care, Inc.: 1-800-421-9051. 3. Roots. Inc.; 1-800-342-6173. 2.11 FERTILIZER A. Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character, consisting of fast- and slow-release nitrogen. 50 percent derived from natural organic sources of urea formaldehyde, phosphorous, and potassium in the following composition: I. Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports from a qualified soil-testing agency. 2.12 ANTIDESICCANT A. Water-insoluble emulsion, permeable moisture retarder, film forming, for trees and shrubs. Deliver in original, sealed, and fully labeled containers and mix according to manufacturer's written instructions. B. Provide transpiration retarding material to be used where any plant material is moved. C. Products: 1. Wiltpruf; 1-800-972-0726. 2. Or approved equal. 331560.GR 02930 9 JULY 26, 2007 EXTERIOR PLANTS lOK 331560A.GN I 2.13 MULCHES A. Organic Mulch: Free from deleterious materials and suitable as a top dressing of trees and shrubs, consisting of one of the following: 1. Pine Straw: Within pine flatwood areas only. 2. Recycled Hardwood: Remaining areas of new vegetation. 2.14 WEED-CONTROL BARRIERS A. Polyethylene Sheeting: ASTM D4397, black, 0.006-inch (0.I5-mm) minimum thickness. 2.15 STAKES AND GUYS A. Guy and Tie Wire: Arbortape™ economy system with fastening knot by staking systems or approved equal. Minimum ASTM A 641/ A 641 M, Class 1, galvanized-steel wire, 2-strand, twisted, 0.106 inch (2.7 mm) in diameter. B. Hose Chafing Guard: Reinforced rubber or plastic hose at least 1/2 inch (13 mm) in diameter, black, cut to lengths required to protect tree trunks from damage. C. Flags: Standard surveyor's plastic flagging tape, white, 6 inches (ISO mm) long. 2.16 PLANTING SOIL MIX A. Planting Soil Mix: Mix topsoil with soil amendments and fertilizers. Topsoil should be based on analysis and report and approval. Select proportions required for planting soil mix from rates of fertilizer, organic soil amendments. and inorganic soil amendments, or revise for different soil. Contractor may be permitted to amend imported topsoil in different proportions to produce satisfactory planting soil, depending on tests of imported or manufactured soils. PART 3 EXECUTION 3.01 PERCOLATION TESTS A. Perform to determine subsoil drainage of upland tree planting holes. B. Test Hole Depth: 30 inches minimum. Fill tree hole half full with water and let sit for a 24-hour period. Ifwater is still standing in tree hole, subsoil will need to be amended to remedy the drainage problem. 331560.GR 02930 10 JUL Y 26, 2007 EXTERIOR PLANTS lOK 331560A.GNI 3.02 LOCATION OF PLANTS A. Locate new planting or stake positions as shown unless obstructions are encountered. in which case notify Landscape Architect. B. Locate no planting, except wildflowers, closer than 24 inches to pavements, pedestrian pathways, and structures. C. Request Landscape Architect to observe locations, and adjust as necessary before planting begins. 3.03 EXAMINATION A. Examine areas to receive exterior plants for compliance with requirements and conditions affecting installation and perfonnance. Proceed with installation only after unsatisfactory conditions have been corrected. 3.04 PREPARATION A. Protect structures, utilities. sidewalks, pavements, and other facilities, and lawns and existing exterior plants from damage caused by planting operations. B. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways. C. Layout individual tree and shrub locations and areas for multiple exterior plantings. Stake locations, outline areas, adjust locations when requested, and obtain Architect's acceptance of layout before planting. Make minor adjustments as required. D. Layout exterior plants at locations directed by Architect. Stake locations of individual trees and shrubs and outline areas for multiple plantings. E. Apply antidesiceant to trees and shrubs using power spray to provide an adequate film over trunks, branches, stems, twigs. and foliage to protect during digging, handling, and transportation. J. If deciduous trees or shrubs are moved in full leaf. spray with antidesiecant at nursery before moving and again two weeks after planting. 331560.GR 02930 II JULY 26, 2007 EXTERIOR PLANTS 10K .j ,; '~ 331560A.GNI 3.05 PLANTING BED ESTABLISHMENT A. Loosen subgrade of planting beds to a minimum depth of6 inches (ISO mm). Remove stones larger than I inch (25 mm) in any dimension and sticks, roots, rubbish. and other extraneous matter and legally dispose of them off Owner's property. I. Apply fertilizer directly to subgrade before loosening. 2. Thoroughly blend planting soil mix offsite before spreading. a. Delay mixing fertilizer with planting soil if planting will not proceed within a few days. b. Mix lime with dry soil before mixing fertilizer. 3. Spread planting soil mix to a depth of 4 to 6 inches but not less than required to meet finish grades after natural settlement. Do not spread if planting soil or subgrade is frozen, muddy, or excessively wet. a. Spread approximately one-half the thickness of planting soil mix over loosened subgrade. Mix thoroughly into top of subgrade. Spread remainder of planting soil mix. B. Finish Grading: Grade planting beds to a smooth, uniform surface plane with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. C. Restore planting beds if eroded or otherwise disturbed after finish grading and before planting. 3.06 TREE AND SHRUB EXCA V ATION A. Pits and Trenches: Excavate circular pits with sides sloped inward. Trim base leaving center area raised slightly to support root ball and assist in drainage. Do not further disturb base. Scarify sides of plant pit smeared or smoothed during excavation. I. Excavate approximately two times as wide as ball diameter for balled and burlapped container-grown stock. 2. Excavate at least 12 inches (300 mm) wider than root spread and deep enough to accommodate vertical roots for bare-root stock. B. Obstructions: Notify Landscape Architect if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations. I. Hardpan Layer: Drill 6-inch (150-mm) diameter holes into free-draining strata or to a depth of 10 feet (3 m), whichever is less, and backfill with free-draining material. 331560.GR 02930 12 JULY 26, 2007 EXTERIOR PLANTS lOK "j 331560A.GN I C. Drainage: Notify Landscape Architect if subsoil conditions evidence unexpected water seepage or retention in tree or shrub pits. D. Fill excavations with water and allow to percolate away before positioning trees and shrubs. 3.07 TREE, SHRUB. AND AQUATIC PLANTING A. Set balled and burlapped stock plumb and in center of pit or trench with top of root ball 1 inch (25 mm) above adjacent finish grades. I. Remove burlap and wire baskets from tops of root balls and partially from sides, but do not remove from under root balls. Remove pallets, if any, before setting. Do not use planting stock ifroot ball is cracked or broken bcfore or during planting operation. 2. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. B. Set container-grown stock plumb and in center of pit or trench with top of root ball I inch (25 mm) above adjacent finish grades. I. Carefully remove root ball from container without damaging root ball or plant. 2. Place planting soil mix around root ball in layers, tamping to settle mix and climinate voids and air pockets. When pit is approximately one-half backtilled, watcr thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. C. Set and support bare-root stock in center of pit or trench with root collar or trunk flare flush with adjacent finish grade. Spread roots without tangling or turning toward surface, and carefully work backfill around roots by hand. Puddlc with water until backfill layers are completely saturated. Plumb before backfilling. and maintain plumb while working backfill around roots and placing layers above roots. Tamp final layer of backfill. Remove injured roots by cutting cleanly: do not break. D. Mulch: Apply 3-inch (75-mm) minimum thickncss of organic mulch extending 24 inches (609 mm) beyond edge of planting pit or trench. Do not place mulch within 2 inches (50.8 mm) of trunks or stems. 331560.GR 02930 13 JULY 26, 2007 EXTERIOR PLANTS lOK 'q ", 331560A.GN I 3.08 TREE AND SHRUB PRUNING A. Prune, thin, and shape trees and shrubs as directed by Architect. B. Prune, thin, and shape trees and shrubs according to standard horticultural practice. Prune trees to rctain required height and spread. Unless otherwise indicated by Landscape Architect, do not cut tree leaders; remove only injured or dead branches from flowering trees. Prune shrubs to retain natural character. Shrub sizes indicated are sizes after pruning. 3.09 GUYING AND STAKING A. Upright Staking and Tying: Stake trees of2- through 5-inch (50- through 125-mm) caliper. Stake trees of less than 2 inches (50-mm) caliper only as required to prevent wind tip-out. Use a minimum of two stakes of length required to penetrate at least 18 inches (450 mm) below bottom ofbackfilled excavation and to extend at least 72 inches (1830 mm) above grade. Set vertical stakcs and space to avoid penetrating root balls or root masses. Support trees with two strands of tie wire encased in hose sections at contact points with tree trunk. Allow enough slack to avoid rigid restraint oftree. Use the number of stakes as follows: 1. Use 2 stakes for trces up to 12 feet (3.6 m) high and 2-1/2 inches (63 mm) or less in caliper; three stakes for trees less than 14 feet (4.2 m) high and up to 4 inches (100 mm) in caliper. Space stakes equally around trees. B. Guying and Staking: Guy and stake trees exceeding 14 feet (4.2 m) in height and more than 3 inches (75 mm) in caliper. unless otherwise indicated. Securely attach no fewer than 3 guys to stakes 30 inches (760 mm) long, driven to grade. 1. For trees more than 6 inches (ISO mm) in caliper, anchor guys to Arrowhead Anchors™ or approved equal buried at least 30 inches (762 mm) belowgrade. Provide turnbuckles for each guy wire and tighten securely. 2. Attach flags to each guy wire, 30 inches (760 mm) above finish grade. 3. Paint turnbuckles with lumincscent white paint. 3.10 GROUND COVERS AND PLANTS A. Set out and space ground cover and plants as indicated on Drawings. B. Dig holes large enough to allow spreading of roots, and backfill with planting soil. C. Work soil around roots to eliminate air pockcts and leave a slight saucer indentation around plants to hold water. 331560.GR 02930 14 JUL Y 26, 2007 EXTERIOR PLANTS 10K .." . ;,~.' ~ "1 331560A.GNI D. Water thoroughly after planting, taking care not to cover plant crowns with wet soil. E. Protect plants from hot sun and wind; remove protection if plants show evidence of recovery from transplanting shock. 3.11 PLANTING BED MULCHING A. Mulch backlilled surfaces of planting beds and other areas indicated. I. Organic Mulch: Apply 3-inch (75-mm) average thickness of organic mulch. and finish level with adjacent finish grades. Do not place mulch against plant stems. 3.12 CLEANUP AND PROTECTION A. During exterior planting, keep adjacent paving and construction clean and work area in an orderly condition. 13. Protect exterior plants from damage due to landscape operations, operations by other contractors and trades. and others. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged exterior planting. 3.13 DISPOSAL A. Disposal: Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off Owner's property. END OF SECTION 331560.GR 02930 15 JULY 26, 2007 EXTERIOR PLANTS lUK BID 07-4173 Gordon River Water Quality Park CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Gordon River Water Quality Park BID NO. 07-4173 Full Name of Bidder: Kraft Construction Company, Inc. Main Business Address: 3520 Kraft Road Place of Business: Naples, Florida 34105 Telephone No.: (239) 643-6000 CGC 009709 Fax No.: (239) 643-0090 State Contractor's License #: To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number Date Issued Contractor's Initials NO.1 Augusl1 . 2007 ~ NO.2 August 3. 2007 ~ No.3 August 9, 2007 6a- NO.4 August 15, 2007 ~ 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: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC.p.[ . BID' 07-~173 GOfdooRiverWalerQualityPa,k 1LQ.K SileConstrndion I $89,015 $89.015.001 LS Division 03 .ConLToIe $27,197.00 $27,197 I LS Divi,ion04-Ma'onry $16,201.00 $16,201 I' LS Divi,ion05 -Metal>; $S9,Sn.OO: $59,S72 LS Division 06 -Wood and Pla,tics $480,757.00 $480,757 LS ;Divi,ion07 -ThmnalandMoi.<tureProtoction $75,062,00 $75,062 Divi,innOR- Door,andWiodows $52,227.00 $52,227 Divi,ion09 -Fini,h"" $38,747.00 $36,747 Divi,ion 10 Specialties $9,411,61 $9,412 LS 'Divi,ionll -Equipmont $100,000.00 $100,000 I, lS Divi,ion 12-Fumi.hing, $6,443.001 $6,443 I' LS Division 13 - Speci~1 Conslruc!lon $10,000.00 $10,000 I LS Div~,ion 15. Mechani~.1 $87,090,00 $87,090 I I $104,556 $27,000.00 $27,000 lS Divi,ion03 -Con~relc $10,069.00 $10,069 l' lS Divi,ion04-Ma,omy $1O,558.00! $10,558 lS iDivi,i"nOS-Mct~1s $250.00 $250 LS IDivi.<ion06-Wood aod Plastics $26,295.00 $26,295 lS Divi,ion 07 - Thermal aM Moisture Pro1oction $11,502.00 $ILS02 l' LS DivisionOB-Doon;aodWindows $4,137.00 $4,.137 LS Divi.>ion09-Finihh", $8,678.00: $8,678 1, LS jDivisionlO-Spccialti.. $19.388.39 $19,388 , LS IDivi,ionI3-SpeciaIConstruction $1,000.00' $1,000 DivisionIS-Mechanical $35,955.001 $35,955 $19,494 LS Divi.<ion02- Site Construction $31,400 1 LS Division 03 -Concrete $9,373 II LS Division 04 Masonry $7,384 1: LS Diviliion05 -Metals $2,050.00 $2,050 I 1 LS Division06-Woodand Plastic.< $23,975.00 $23,975 LS DivisionOl - Thermal and Moisture Protection $11,228.00 $11,228 I LS Divi.<ion08. Doon;and WiJldo...... $3,339.00 $3,339 Ii GG-P-2 10'5 10K BID' 07-4173 Gordon River WalerQualily Pa,k 10. QIT I Unit I ,o;v;<10009 -Finish., l' LS UernDescription UnitPrin> lIemTotal 1.4.5,] t: LS !o;visinnlll Specialtie, , I! LS iDiv;_,j"n13 _SpedalCnn.'truL'1ion i 1 LS IDlv;"i,," 15_MochaniL~] , IOivi.iu" 16-Electrical LS ! 'CATEGORY 3 SUBTOTAL: I LS IM!!ig.!inn T,,,,,,andPa1ms(B.B,or7Gal.) LS Upland TrcePlanting 1, LS UpJandShruharnIGrounJc<,verPI.nling LS iTreatmem Wetland Plam, $7,575.00 I $11.001 I , $500.00: $7,575 ,n $500 $3B,755 $13,929 1A.5.5 130 6" ThicK Limernck Layer - C"o'trudal Weiland C $245,040,00 $245,040 $270,264.00 $270,264- $492,201.00 $492.201 $243,285.001 $243,185 $51.54 $6,700 $206,741.00 $206,741 1.4.5.2 1.4.5.) 1.4.5.4 1.4.5.6 1.46.1 3500 SY 6' Wide Asphalt Walking Trail, Cllrnplele $28,000 1.4.6.2 3900 LF ilPE B"artlwalk Sy,tem, Complele $2,282,870 I 1.4.6.3 10 EA 'IPE Boardwalk Overlook, ComplCle $146,400 1.4.fi.4 4 EA IPE Boanlwalk Maintenan"" Stai" & Gate, Complete $7,400 1.4.6.5 20 EA Wood Bent-he.<, Complete $21,280 1.4.6.6 ,Signage(Kiooks,lnformational,ParkEntra"""J $21,900 1.4.6.7 $1,565 1.4.6.8 $11,612 Site Construction $14.900,00 $14,900 -Concrete $2,000.00 $2,1100 1. LS Division 05 -MetaL< $5,000.00 $5,000 Mechanical $100 1.4.11.1 SY :Asphait Paving at Education Building Area, Cumplete $185,850 1.4.11.2 I ;Aspholt Paving at Maintenanc.e/Resrroom Parking Area, Complete $9.87 $7,500 '00 SY 1.4.11.3 LS :Timber Bridge: 24 ft wide, 40 ft clear 'pan; HS-20 load rated, Complete $185,000.00 $185,000 1.4.11.4 LS Existing Roadway (Golden Gate Parkway) lmprovemems, Complete $102,365,00 $102,365 GC-P-2 ,.. lOK 610*07-4173 Gordon RiverWat", Quality Park 'D' Qn' Unit lIemDesmption 1.4.11.5 I LS PavemenT Morkings/SignagdWhed Stnr_' , 1.4.11.6 15001 SF !MiscConcretePaving(Casl-ln.Place) I , 1.4.11.7 9500' SF Sidewalk< & fundicap Ramp>_ Complete ! 1.4.l1.8 6010: SF Concrete Grid Pa""rs - Education Building. Complele 1.4.11.9 SF 'Concrete Grid Pavers - Mainlena"C/:/ReSlroom Building , JA1UO LF IrnOTType D Curb 1.4.1111 LF FOOT Drop Curb UnitPnce lIemTolal , , $14,501.00 $14,.5111 $1370 $20,554 $3.731 $35,442 , $5_421 $32,6110 $5.00 $35,082 , $15.27 526,727 $689.33 $41,360 'Site. Clearing.nJ Grubhing $240,998 1.4.13.2 LS E~~'lingSlormwa{erPip.andC"ntrolSl"'cture Demolition $2'),800 1.4.13.3 I' LS Tree & Palm Tre. Removal $274,223.00 $274,.223 1.4.13.4 LS ITreeP",te<:!lon $51,200.00 $51,200 1.4.13.5 LS ErosinnContrnl $163,607 1.413.6 26.300 CY IEarthwork Co< $3.70: $~7,310 I \.4.13.7 49,3001 CY Earthwork Fill $3,00 5147,~OO , 1.4.13.8 28,0001 CY Jrnport Selecl FiJJMaterial $8.80 $246,400 1.4.J3.9 5,000 CY IRernoveUnsuilableNativeMaterial $11.00 $55,OOlJ 1.4.13.10 2001 SY iRlp-RapSwale $99001 $19,800 1.4.13.11 EA Rip-Rap OuUet Prolection $1,65000 513,200 1.4.J3.J2 200 LF 'Chain Link Fen"" - 6' High, Complete $17.00 $3,400 1.4.13.13 21 EA Double Chain Link Swing Gale' $400.00 $8lJO 1.4.13.14 3S LF Coquina Stone Ve"""r Retaining Wall w/Guard Rail, Complele $229261 58,024 I 1.4.J3.15 520: LF ICnquina SlOne Veneer Retaining Wall w/o Guard Rail, Complete $229.26 $11'1,215 , 1.4.J3.16 260 LF ,Carolina St<me Veneer Retaining Wall w/Guard Rail, Complete $229.26 559,607 1.4.13.17 10550 SF ,lnlerJockingPavingStone,TanlCharcoal,Complete $5.49 $57,893 1.4.13.18 I 74(l: SF ICorallockPavlngStone,Jvof)',C",nplete $9.00 $6,660 1.4.13.]9 LS ConcrereStairs.atEducalionBuilding,Cornplele $2,032.00' $2,032 1.4,J3.20 LS Site Lighling, Complete lnd.w/SiteElecbe]ow 1.4]5.J "'0 LF ,J"PVCWaterLine $3,700 1.4.15.2 I $9.821 2790 LF 11112"PVCW.terLine $27.390 1.4,15.2 280 LF !2112"PVCWaterLine $13.00' $3,640 1.4.15,3 360 LF ,. C900 PotableWaler $41.25 $14,850 1.4.15.4 159U LF 8' C900 .PolableWater $29.00 $46,110 GC-P.2 30tS BI0.07-4173 Gordon Ri.... Walel Qwlrty Palk lOK 10. , QTY Unit ltemDe~cription , 1-4.15.6 EA Fire Hydrants 1.4015.7 2950: LF j3" pve Forcetnain I 1.4.15.8 4001 LF 14" pveSanitary5ewer Unitrri<< $3,220.ooj JlemTolal $9,660 $24.001 $70,800 $34.00 $13,600 1.4,15,10 FA SlonnWat"rManholes,4'Di. _Cl1mplel" $3,300 1.4,15,11 EA SlonnWat"l" Manholes, 5' Di. -C"mplele $2,750.00 $11,000 1.4,15,12 4! FA C.lch B.,ins _ FOOT Typo E $2,100,00 $8,400 1.4,15.13 2, FA C.l~h Ba,in.' _ FOOT Type C $1,750.00 $3,500 .I , 1.4,15,14 EA Curh Inl"tJ;- FOOT Typo 6 $2,775,00' $lLI00 1.4,15,15 1 FA 30"MitoredEndSeoljon $1,300,001 $1,300 , 1.4,1516 1: EA 18" Mjlered End Section $500,00 $500 i I , 1.4,1517 2' FA 15" Mit"redEnds $412.50' $825 1.4,1518 FA H"adwall $1,650.OD $1,650 1.4,15,19 FA DrainTechlnkt $1,000.00 $4,000 1.4,15,20 , FA Rai,o Exi<ling Inl"t< $700.00 $2,800 1.4,15,21 10301 LF 36"HDPEPip" $50.00 $51,500 1.4.15-22 5XO LF 18" HOPE Pip" $29.75 $17,255 1.4.15-23 40 LF 15" HOPEPipo $26.50 $1,0&11 1.4.1524 70! LF 12" HOPEPipo $25.00 $1,750 , 1.4,15,25 85 LF lO"HDPEPip" $24.00 $2,040 1.4.15,26 15 LF 30" RCFFip" $67.00 $1,005 1.4.15.27 25 LF 24" RCPFip" $53.00 $1,325 1,4.IS.28 615 LF 18" RCFFipe $41.00 I 525,215 1,4.15.29 80i LF IS" RCFPipe $2,720 -r-- 1 L5 Oivisil1n02-SileCoWltruction $11,500,00 $11,500 I: L5 OivisionOJ-Concrele $7,000,001 $7,000 LS O;visionOS-Meta1< I $5,000 $5,000.00 LS OivisionlS-M"dtanical $4,ODO,OOi $4,000 1 IDivisionOl -SitoCoMtruction $3,850.00 $3,850 , LS iDivision03 _Concrele $3,000.00 $3-000 , I LS jDivision05 Metals $5,800001 $5,800 GC-P-2 4015 8ID_07-4173 GordonR"'~rWat~,OualityPark lOK 10' ! QTY Unit I IlemDescription !c.UEGORY 18 SUBTOTAL: Unit Price Item Totill Oivi,ion02 SileConslruCl;on $25,500 LS Divi.ion03 Concrele $6,792 LS Divi.ion05 -Metal, $1,680 11 LS Divi,ion06 W"odarnlPI."ti<:s $40,356 LS Divi.sion07-Thenn.l and Moi.<tureProtection $8,016.00 $8,016 LS IDivision09_Fini,h.., $2,041,00 $2,041 LS DivisionIS-Meehani""l $408,00 $408 GC-P-2 5015 BID 07-4173 Gordon River Water Quality Park IOK MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. Site Benches Du Mor. Inc. 2. Kiosk Pannier Corp. 3. Trash Receptacles Du Mor. Inc. 4. Toilet Accessories Bobrick 5. Accordion Partition Cornell Dated: Auqust 22. 2007 Kraft Construction Companv. Inc. Bi~. rA. _ BY: ~ Gc.p-3 BID 07-4173 Gordon River Water Quality Park lOK '.'~';l h~.. LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Cateaorv of Work Subcontractor and Address 1, Floorings Wayne Wiles Fort Myers, FL 2. Painting Perfectly Painted Naples, FL 3. Specialties Arc One Fort Myers, FL 4. Overhead Coiling Doors Action Automatic Naples, FL 5. Acoustical Ceilings Rice Insulation Bonita Springs, FL Dated: Auaust 22. 2007 Kraft Construction Companv. Inc. Bidder BY: ~ GC.PA 10K BID 07-4173 Gordon River Water Quality Park 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. North Collier Regional Park See attached rendering #1 Naples, Florida 2. Ave Maria University See attached rendering #2 Ave Maria, Florida 3. Naples Jail Center See attached rendering #3 Naples, Florida 4. Collier County Gov. Center Naples, Florida See attached rendering #4 5. Collier County Courthouse See attached rendering #5 Naples, Florida 6. Collier County Services Center Emergency See attached rendering #6 Naples, Florida Dated: Auaust 22. 2007 Kraft Construction Company. Inc. ~ BY: GC-P-5 Rendering #1 lUK -- Current phase: Complete Completion date: July 2006 Services provided: Construction Mgt at Risk Owner: Collier County Government Ron Hovell 3301 EastTamiamiTrail Building 'W' Naples, Fl34112 (239) 774-8380 Architect: Burke Hogue Mills & Associates 100 Colonial Center Parkway Suite 150 lake Mary, Fl32746 (407) 629-4511 ABC 'Excellence in Construction' Award 2007 ~ North Collier Regional Park Naples, Florida North Collier Regional Parkis a large regional park that was built to accom- modate alternative recreation and sports tournaments. The 212-acre park includes the 5un-N-Fun lagoon with water slides, pools and wet-and-wild play areas. Also included is a 1,200 foot lazy River, three water slides, div- ing/lap pool, family pool, interactive, wading and activity pool. The program also includes an exhibit hall with gymnasium, meeting rooms, fitness center, playground with a mock Calusa fossil dig site, picnic shelters, five softball fields and eight soccer fields. Other highlights include an el- evated boardwalk through a 1 DO-acre wetlands preserve area and a two and a half mile walking trail with bicycle paths. Current phase: Under Construction Completion date: Ongoing Services provided: Construction Mgt at Risk Owner: Ave Maria University Don Schrotenboer (239) 348-2501 Architect: Cannon Design Keith Alf 2170 Whitehaven Road Grand Island, New York 14072 (716) 773-6800 ~ Rendering #2 lOK Ave Maria University Ave Maria, Florida In a joint venture with Suffolk Construction, Kraft is currently construct- ing the first new Catholic institution to be established in the U.s. in half a century, Ave Maria University, part of what will be a new college town to serve 5000 students on its 750-acre campus. A 3,000-seat landmark Oratory will become the nation's largest Roman Catholic place of worship and a soaring focal point serving as the symbolic and physical heart of both town and university. As its philosophic touchstone, the design of the site and campus build- ings were conceived in response to the University's founder and principal benefactors advocacy for the design principles of Frank Lloyd Wright, with the use of clean horizontal lines, natural materials and extensive land- scaping. The individual scale and massing of each building has been de- liberately modulated to reflect their specific program of use and create a distinct sense of place. Surrounding the Oratory is a library, a science math and technology building and a graduate academic center. The residential zone includes five undergraduate and two graduate dormitories and the recreation zone separates student activity and student recreation centers. Completing the first phase will be a central plant and K- 12 school. Rendering #3 .. " - ~! Current phase: Complete Completion date: 2006 Services provided: Construction Mgt. at Risk Owner: Collier County Government Peter Hayden 3301 EastTamiami Trail Building "W" Naples, FL 34" 2 (239) 774-8380 Architect: SchenkelShultz Architecture Gary Krueger 2640 Golden Gate Parkway Suite 112 Naples, FL341 05 (239) 434-2400 ~ Naples Jail Center Naples, Florida Kraft Construction was selected by Collier County Government to provide construction management services for the $43 million Naples Jail Center. The project scope includes a 140,000 SF, three floor addition. The first floor provides space for booking, administration and medical facilities. The second floor includes a dormitory area to accommodate 240 inmates. The third floor accommodates 276 inmates in both dormitories with double-stacked metal cells. Special features include cameras with a view of all activities (medical cells, client attorney room, dormitory-style living quarters where inmates eat, shower, watch television, and sleep). The facility also has a recreation yard where inmates can play basketball or volleyball. The facility includes unbreakable glass, new state-of-the-art booking areas, a conveying inmate property storage system, and a large sallyport with inside parking for law enforcement when dropping off prisoners for booking. Rendering #4 -- Current phase: Under Construction Completion date: 2007 Services provided: Construction Mgt. at Risk Owner: Collier County Government 3301 EastTamiami Trail Building 'W' Naples, FL 34112 (239) 774-8380 Arch itect: Spillis Candella/DMJM 800 Douglas Entrance North Tower 2nd Floor Coral Gables, FL 33134 Steve Berler, Project Manager (305) 444-4691 ~ Collier County Government Center Naples, Florida ,'.'. . ., I The Collier County Courthouse project, which is currently under con- struction, will include a seven story, 137,984 SF building as well as a park- ing garage. This office will house government services, clerk of court, and other administrative departments. Included in the design is a four story atrium that connects the new cen- ter to the existing courthouse at the elevator lobby court. The building's fa~ade is clad with precast concrete with hurricane resis- tant and thermal windows throughout the structure. The center will also include a pedestrian mall. The parking garage will be six stories with a 1,047 space capacity and include two elevators. Rendering #5 Current phase: Complete Completion date: Original: 1991 4th Floor: 2000 Services provided: Construction Mgt. at Risk Owner: Collier County Government 3301 EastTamiami Trail Building "W" Naples, FL 34112 (239) 774-8380 Architect: Original: Winsor/ Faricy Architects, Inc. 4th Floor: The V Group ~ -- lOK Collier County Courthouse Naples, Florida The Collier County Courthouse is a six story, 145,000 SF building which was originally built by Kraft in 1991. The fourth floor buildout was add- ed in 2000 which includes additional office space and courtrooms. The courthouse houses the twentieth Judicial Circuit Court. The courthouse is connected by a skywalk to the existing jail and the new government annex, which Kraft is currently constructing. Rendering #6 10""""" Current phase: Under Construction Completion date: 2008 Services provided: Construction Mgt at Risk Owner: Collier County Government 3301 EastTamiami Trail Building "W" Naples, Fl 34112 (239) 774-8380 Architect: Harvard Jolly Clees Architects AI Cardova St. Petersburg, Florida Telephone: 727-896-4611 ~ Collier County Emergency Services Center, Naples, Florida .., ...1 , .: "j"i> ......"';' ,~ :~':'"!' ,I " I' ;-~;";I;~! ...., 'I" :)'~I.C.'_ :<0'& ;'/:':</J\ . _ ,~:. J', The Collier County Emergency Services Center is designed to be a state- of-the-art high technology 107,600 SF, four story building. The facade is a concrete structure with precast concrete. Raised flooring was used throughout for equipment and data wiring. The Emergency Services Center is a category five rated, self sustained building that will house the EMS, Sheriff, 911, IT, MIS & Traffic Depart- ments. It wili feature ali of the latest technology including a cali center and a TV station capable of broadcasting during emergency situations. The building will be ninety five feet tali with a 195 foot communication tower. The tower will withstand 140 sustained winds and 175 mph. The building will be a secure building with perimeter security fencing and secure gate access into the facility. There will also be CCTV secu- rity cameras monitoring the facility. Access will be with a security card. Homeland security measures wili be in place for the EOC. BID 07-4173 Gordon River Water Quality Park IOK TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description ) (IF.SY) Drainage IF 1,685 $4.00 $6,740.00 1. Sewer IF 80 $4.00 $320.00 2. 3. 4. 5. TOTAL $7,060.00 Failure to complete the above may result in the Bid being declared non-responsive. Dated: Auaust 22. 2007 Kraft Construction Company. Inc. Bidder BY: 1Y~ Gc.p-6 BID 07-4173 Gordon River Water Quality Park lOK Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within four hundred and fifty (450) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within ninety (90) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfullv Submitted: State of FLORIDA County of COLLIER Travis A. Coulter, being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Travis A. Coulter, 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-7 lOK BID 07-4173 Gordon River Water Quality Park (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 KRAFT CONSTRUCTION COMPANY, INC., and the full names of its officers are as follows: President - John Pinholster Secretary - Thomas E. Williams Treasurer - Phil Teioe Manager - N/A The , is authorizod to sign construction Bids and contraots for the cGFflpany by action 01 its Board 01 Directors tal~en , a certifiod oopy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership N/A 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 N/A The Bidder is an individual whose full name is and if operating under a trade name, said trade name is Gc-p.8 lOK BID 07-4173 Gordon River Water Quality Park DATED: Auaust 22.2007 Kraft Construction Company. Inc. legal entity BY: Travis A. Coulter Kraft Construction Company. Inc. Name of Bidder (Typed) Si9r Senior Vice President Title STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 15th day of August, 2007, by Travis A. Coulter, as Senior Vice President of Kraft Con f.l!QUPn- ,a Florida corporation, on behalf of the corporation. He/she s-personally known to me 9f - as identifioation and did (sid not) take an oath. ,,""-. Nolary ~ublic Slate of Florida ~~~~ Jayme r-.mre ;":f':; My Comm~sion D045OO12 ~Of~" Expires 0812612009 ~e~f~~ NAME: ~O--ut'Yt(/]., VY\DOrc ~ Printed) My Commission EXPires:5/2 ~ to,? (AFFIX OFFICIAL SEAL) Notary Public, State of FL Commission No.: _bt>4-6 00 \'2- Gc.p-9 BID 07-4173 Gordon River Water Quality Park lOK BID BOND KNOW ALL MEN BY THESE PRESENTS, that we KRAFT CONSTRUCTION COMPANY,INC. 3520 Kraft Road, Naples, FL 34105 (herein after called the Principal) and SAFECO INSURANCE COMPANY OF AMERICA , (herein called the Surety), a corporation chartered and existing under the laws of the State of Washington with its principal offices in the city of Seaftle, Washington and authorized to do business in the State of Florida are held and firmly bound unto the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, 3301 Tamiami Trail, Naples, FL 34112 (hereinafter called the Owner), in the full and just sum of FIVE PERCENT OF PROPOSAL PRICE dollars ($ 5% of P.P. ) 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 Gordon River Water Quality Park Bid No. 07-4173, Naples, FL Gordon River Water Quality Park Bid No. 07-4173 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE th fi d f $ FIVE PERCENT OF PROPOSAL t d b I"d t d d d t e Ixe sum 0 PRICEIS'!.o'PP' no e a ove as IqUl a e amages, an no as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC-P-10 BID 07-4173 Gordon River Water Quality Park IOK IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 9 day of AUGUST , 2007. BY ~ CONSTRUCT10~ COMPANY, INC, (M,&.~ l. W~~ I e:~ez::. \!. P. "iIIo,nAs t. W II..\..! AM S ~. 1/. P- I ' SAFECO'I SURANCE COMP Y OF AMERICA Principal (Seal) Surety (Seal) S NSED RESIDENT AGENT FOR THE STATE OF FLORIDA SAFECO INSURANCE COMPANY OF AMERICA 2055 Sugarloaf Circle, Duluth, GA 30097 GC-P-11 lOK -~ POWER OF ATIORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA Washington corporation, does each hereby appoint No. 13188 and GENERAL INSURANCE COMPANY OF AMERICA. each a .....-.-.-.-RICHARD G. AVERY; THOMAS BEAN; KAREN BOWLING; MARY ALICE 1. CORBffi; SUSAN LUPSKI; GERARD S. MACHOLZ; CAMILLE MAITLAND; ROBERTT. PEARSON; RITA SAGISTANO; Garden City, New York; KATHLEEN M. CRISTIANO; JOSEPH DOBKOWSKI, JR.; ADRIANNE SCALERA; Mountainside, New Jersey***'-'-' its true and lawful attomey(s)-in.fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th dayot August 2006 ~~~ STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI. SENIOR VICE-PRESIDENT. SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attomeys..jn-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaklng.- Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. -On any.certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (Iii) Certifying that said power-of~attomey appoinbnent is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.- I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,. do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By-laws, the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF.. have hereunto set my hand and affixed the facsimile seal of said corporation this 9 day of AUGUST .2007 ~~~ STEPHANIE DALEY-WATSON, SECRETARY 5-o9741OS 4{05 SafeClJ'@andtheSafeoologoareregisteredtrademarks of Safeoo Corporation. WEB POF ACKNOWLEDGMENT OF PRINCIPAL -IF A CORPORATION STATE OF .......W.0..~~.......} 55 COUNTY OF .......W~..... lOK On this ..............qr;............. day of .......~l1..~.....................,@!:?.. before me personally appeared ........::(~~~..~.:.w.~~.~?.....,...................... to be known, who, being by me dUly sworn, did depose and say; that h~/she resides at .............~~,..~.riA.........................,......................................, that he/she Is the ....~@:n~.....V;~..-Presldent Of..~.~"',~lUCrzv.0....~9.~!d,...~............................ the corporation described in and which executed the within insurance instrumen't; that he/she knows the seal of said corporation; that the seal affixed to said instrument Is such corporate seal; that is was so affIXed by the Board of Directors of said corporation; and that ~she signed ~her name thereto by like order. Ci~...~..,.................,..................... ACKNOWLEDGMENT OF PRINCIPAL -IF INDIVIDUAL OR FIRM STATE OF................,.......} 58 COUNTY OF ..................... o~y PU4'<,.,; Notary Public Stale of Florida ~ ~ r> Jayrne Moore \:~"".i My Commission 00450012 0,,,..0 ExpIres 08f26/2009 On this ................................. day of ,.........................................., ......... before me personally appeared ..................................................................................... to me know to be (the individual) (one of the firm) of .................................................................,................, described In and who executed the within Instrument ~. and he/she thereupon acknowledged to me that he/she executed the same (as the act and deed of said firm). . . ...................................................................................h....... ACKNOWLEDGMENT OF SURETY COMPANY STATE OF J!~..~~~..........} 58 COUNTY OF ...~~~........ On this ......;~:y.~~'!:..?~...~~~!.............., before me personally came ............~!!~..~~~~........................ to me known, who, being by. me duly sworn, did depose and say; that he/she resIdes in .......~MY...OOw.fIT..........................., State of ...Ne.w:york................ that he/she Is the Attorney-ln-Fact of the ......~.<:~J~~~~~.!::~~..?~..~~,................ the corporation described in whIch executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said Instrument is such corPorate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed hislher name thereto by like order; and the affiant did further depose and say that the Supenntendent of Insurance of the State of New ~ ha~suant to Section 1111 of the Insurance Law of the State of New York, issued to ...~~.lfR..~~........~.........~.~~..~~....................... (Surety) his/her certificate of quarrfication evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving.it as such; and that such certificate h..nmhO.n re~"'d. .....~~................ NY ackn?wledgement JEANNE GARGUILO Notary Public, State of New York . No.01GA6112528 Qualified in Nassau COU~ _ _ \( Commiaalon expire. July 8. ~ l1IIDilnsurance . SAFECO INSURANCE COMPANY OF AMERICA IOK FINANCIAL STATEMENf - DECEMBER 31, 2006 Asset< Cash and Bank D.posits........................................ $ 86,659fJ75 "'Bonds - U.S Government........................................... 134,111.814 'Oth.r Bonds.. ......... ....................................... ......... 2,821 ;126,707 'Sto.ks .. ........... ..................................... ............ ...... 523 ,881 ,548 R.al Estat...................................................................... 0 Agents' Balances or Uncollected Prc:miums.................626,775,;)02 Accrued Interest and Rents.................................... Other Admitted Assets................... .... ..__................ 40,188,467 289,094.036 Total Admitted Assets ................._....._.__.... S4 ~11 O~R 149 Ligb ilities Un.arn.d Pr.miums.............................................. $ 706,885,899 RestIVe focClaims and Oaims Expense ...................1.563,240.516 Funds Held Under Reinsurance Treaties............... 139,204 Reserve for Dividends to Policyholders......................... 2,116,676 Additional Statutory Reserve ................................ Reserve for Commissions, Taxes and Other liabilities ........................................... 1.094.254.631 Total................_......._...___....................._ $3,366,636,926 Sp.cial SUlJllus Funds...... $ (504,853) Capital Stock................................ 5,000,000 Paid in SUlJllus................................ 260,561;121 Unassign.d SUlJllus................... 890.344955 Surplus to Policyholders ................__..._. 1.155.401.423 Total LlabUities and Surplus .__.....__.__........... $4~" .o:JS.:<<9 * Bonds arc stated at amortized or investment value; Stocks at Association Macket Values. Securities eamed at $124,431,457 are deposited as required by law. 1. TIM MIKOLAJEWsg Senior Vicc.Prcsidcnt of SAFECO Insurance Company of America, do hereby certify that the foregoing is a troe, and corrcct statement of the Assets and Liabilities of said Corporation, as of Dcccmbcr :n. 2006, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hcctlUlto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of Mar.h, 2007. &126283107 . ~~~~A Senior Vice-President . €I A reglstered trademark rl SAFECO Corporation lOK BID 07-4173 Gordon River Water Quality Park 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 totais have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: ~Bid Number; ~Proiect Name; ~Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified openina date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Kraft Construction Company, Inc. Travis A. Coulter Bidder Name Senior Vice President DATE: Auaust 22. 2007 GC-P-12 lOK BID 07-4173 Gordon River Water Quality Park CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Kraft Construction Company, Inc. ("Contractor") of 3520 Kraft Road Naples, FL 34105, a Florida Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Gordon River Water Quality Park, Bid No. 07-4173 ("Project"), as said Work is set forth in the Plans and Specifications prepared by CH2MHill, 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 Agreenienf.s6metimes 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: nine million eight hundred fifty two thousand six hundred fifty five dollars and four cents (9,852,655.04). GC-CA-13 BID 07-4173 Gordon River Water Quality Park lOK , .i I 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 af Florida and otherwise acceptable to Owner; provided, hawever, the surety shall meet the requirements af 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 Cantract 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 band furnished by Cantractor 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 Cantract Documents, the Contractar shall, within five (5) calendar days thereafter, substitute at its cost and expense anather bond and surety,-both of which shall be subject to. the Owner's approval. Section 5. Contract Time and liquidated Damaqes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Cammencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Cantractar shall cammence the Work within five (5) calendar days from the Cammencement Date. No Work shall be perfarmed at the Project site priar to the Commencement Date. Any Work performed by Contractor priar to the Commencement Date shall be at the sole risk of Cantractor. Cantractor shall achieve Substantial Completion within four hundred and fifty (450) calendar days from the Commencement Date (herein "Cantract Time"). The date of Substantial Completion af the Work (ar designated partions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Cantract Documents, sa Owner can occupy or utilize the Work (or designated portians thereof) for the use far which it is intended. Contractor shall achieve Final Completian within ninety (90) calendar days after the date of Substantial Completion. Final Campletian shall accur when the Agreement is campleted in its entirety, is accepted by the Owner as camplete and is so stated by the Owner as completed. As used herein and throughaut the Contract Dacuments, the phrase "Project Manager" refers to the Owner's duly autharized representative and shall mean the Divisian Administrator ar Department Director, as applicable, acting directly or through duly autharized representatives. B. Liquidated Damages in General. Owner and Contractor recagnize that, since time is of the essence for this Agreement, Owner will suffer financial lass if Cantractar fails to achieve Substantial Completion GC-CA-14 10K BID 07-4173 Gordon River Water Quality Park within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, three thousand fifty seven dollars ($3,057.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. GC.CA-15 lOK BID 07-4173 Gordon River Water Quality Park 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: Exhibit 0: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by CH2MHiII, Inc. and identified as follows: Gordon River Water Quality Park as shown on Plan Sheets 1 through 209. Contractor's List of Key Personnel Stored Materials Record GC-CA-16 IOil n BID 07-4173 Gordon River Water Quality Park Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Margaret Bishop, Project Manager Collier County Stormwater Management 2885 S. Horseshoe Drive Naples, Florida 34104 (239) 213-5857 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Travis A. Coulter, Senior Vice President Kraft Construction Company, Inc. 3520 Kraft Road Naples, FL 34105 (239) 643-6000 FAX: (239) 643-0090 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. GC-CA-17 lOK BI D 07-4173 Gordon River Water Quality Park Section 10. Successors and Assians. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governina Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Aqreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Chanqe 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. GC-CA-18 lOK BID 07-4173 Gordon River Water Quality Park 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 Geiileral 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 BID 07-4173 Gordon River Water Quality Park lOK I ' IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: ~TNESSE~: --~.t W~i> FIRST WITNESS ~W\""'- e W'~\";/W.:> Type/Print Name .~ - ?{,k~ SECOND WITNESS 'J/l Llrnivl ~ Type/Print Name Date: \O-~~av't)l OWNER: ATTEST: .. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY F)"ORIDA / Dwight E. Brock, Clerk BY:::fuw .~ ~ IA O( .. Atta . t II 1'0.-1 , It.....~. ..... s ..... J. . Approved~s o'orm and Legal Sufficiency: ~:2 ---r Print Name: / ~ ~ Assistant County ttorney BY: J mes Coletta, Chairman Item# IO~ Agendq~l \--01 Date ~~ltJ::1Jd)l GC-CA-20 lOR BID 07-4173 Gordon River Waler QuaRty Park EXHIBIT A PUBLIC PAYMENT BOND Gordon River Water Quality Park Bond No. 6518537 Contract No. 07-4173 KNOW ALL MEN BY THESE PRESENTS: That 3520 Kraft Road, Naples, FL 34105 and SAFECO INSURANCE COMPANY OF AMERICA Surety, located at 2055 Sugarloaf Circle, Duluth, GA 30097 (Business Address) are held and firmly bound to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FL as Obligee in the sum of NINE MILLION EIGHT HUNDRED FIFTY TWO THOUSAND SIX HUNDRED NINETY ONE AND 00/100 DOLLARS ($ 9,852,691.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. KRAFT CONSTRUCTION COMPANY,INC. , as Principal, , as WHEREAS, Principal has entered into a contract dated as of the ~ day of SEPTEMBER 20071 with Obligee for GORDON RIVER WATER QUALITY PARK COLLIER COUNTY PURCHASING DEPT. CONTRACT #07-4173 in Naples. Florida accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF: the above parties have executed this instrument this 17 day of OCTOBER 2007. the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. GC-CA-A-l IOK BID 07-4173 Gordon River Water Quality Park Signed, sealed and delivered in the presence of: < ~ PRINCIPAL KRAFT CONSTRUCTION COMPANY,INC. ~~ es s as to Principal STATE OF k.o&4Q.A. COUNTY OF CeI.L\tA. B~ ~L.$~ ) N. ~~" ~~~.".,. ITS: _~ .. My Commission Expires: The foregoing inst!lJ.Q1ent was acknowledged before meJbi$ _'1 day of Dtna...... 20 01 '~ ol"~ ' as .f-2eI..llIoa"- of ~~ oW '. a f&.Otlo,llr 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. I Jtz// ~.~ tit d- (Signat e of Notary) J' IA. I ~~ (i ... 4<clE' rI (legibly rinted) NAME: l.....~l>u~ ,~j Notary Public State of Florida Valkyrip. Alden My Commission D0488134 "'01"" 1212612009 (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: SAFECO INSURANCE COMPANY OF AMERICA (Printed Name) 2055 Sugarloaf Circle Duluth, GA 30097 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) GC-CA-A-2 lOK BID 07-4173 Gordon River Water Quality Par1c: _nldlm .~ OR i?Z'- ",t--t6Z /( ,~~0-.L.Lc jJ v..". As Attorney in Fact - / (Attach Power of Attorney) GERARD S. MACHOLZ (Printed Name) Non Resident License #0057942 COUNTERSIGNATURE BY FLORIDA RESIDENT :~p~~ ~s PETER F. J NiS Richard F. Ferrucci & Associates, LLC 1001 Franklin Avenue Suite 208 Garden City, New York 11530 (Business Address) 516-414-8900 (Telephone Number) STATE OF COUNTY OF NEW YORK NASSAU The foregoing instrument was OCTOBER , 2007, by ATTORNEHN-FACT Surety, on behalf of Surety. N/A take an oath. acknowledged before me this GERARD S. MACHOLZ of SAFECO INSURANCE COMPANY OF AMERICA He/She is personally known to me OR has produced as identification and who did (did not) 17 day of , as My Commission Expires: ~ ,{}I,AM }(b.1cp;~ gnature) ~ (AFFIX OFFICIAL SEAL) JEANNE GARGUILO -.y Publlo, ,toto 01 Now_ No.01GA511252l1 Qualified In Nauau Counw..rt.""rf/ Commlaolon Expl_ July eo -LIO"I Name: JEANNE GARGUILO (Legibly Printed) Notary Public, State of: NY Commission No.: 01GA6112526 GC-CA-A-3 lOK -~ POWER OF ATTORNEY Safero lostHance Company of America General Insurance Company of America Sareco Plaza Seattle. WA 98185 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and Washington COrporation, does each hereby appoint No 13188 GENERAL INSURANCE COMPANY OF AMERICA. each a ......... ......RICHARD G. A VERY; THOMAS BEAN; KAREN BOWLING; MARY ALICE J. CORBm; SUSAN LUPSKI; GEMRD S. MACHOLZ; CAMILLE MAITlAND; ROBERTT. PEARSON; RITA SAGISTANO; Garden City, New York; KATHLEEN M. CRISTIANO; JOSEPH DOBKOWSKI, JR.; ADRIANNE SCALERA; Mountainside, New Jerser-- its true and lawful attomey(sHn-lact, with full authonty to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in "the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of August 2006 ~~~ STEPHANIE DALEY.WATSON SECRETARY { "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the PresidenL any VIce PresldenL the SecretaI)', and any Assistant Vice Presld.nt .ppolnted for that purpose by the officer In charge of surety operations, shall each have authority to appoint Individuals as atlomeys-ln..fact or under other appropriate tiUes with authority to execute on behalf of the company fideflty and surety bonds and other docurf1ents of similar character Issued by the company In the course 01 Its business... On any Instrument making or evidencing such appolntm.nL the signatures may be affixed by facsimile. On any Instrument confening such authority or on any bond or undertaldng of the company. the seal, or a facsimile thereof, may be tmpressed or affixed or In any other manner reproduced; provided, however. that the seal shall not be necessary to the validity of any such Instrument or undertaklng.- Extnlct from a Resolution of the Boai'd oIDlrectors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1910. "On any' pertlticate executed by the Secretary or an assistant secretary of the Company setflng QU~ 0/ Th. provisions of Article V, Secllon 13 of the By-taws, and (il) A copy of the power..of..attomey appointment, executed pursuant thereto, and Oil) Certifying that said power-of-e<<omey appointment Is In lull lorce and effect, the sIgnature of the certifying officer may be by facsimile, and Ute seal of the Company may be a facslmUe lhereQf-.- I~ Stephanie Dal.y-Watson , Sea'etary 01 SAFECO If{SURANCE COMPANY OF AMERICA iInd of GENERAL INSURANCe COMPA/lY OF AMERICA, do hereby cer1ify fhat!he foregoing extracCs of !he By-taws and of a R....uflon of the Board of Direotors of Chese col'pOnlUons, and of a Power ot Atfomey Issued pursuant Ihereto.- ere froe and correct, and-that both the By-laws, the Resolution end the Power of Attomey are stlflln rutlforce and effect. IN WITNess WHEREOF, I have hernunto set my hand and affixed the facsimile seal of card corporaUon TIM MIKOLAJEWSKI SENIOR VICE-PRESIDENT SURETY CERnFICATE Extracl from the By-taws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: this 17 day of OCTOBER. .2007 ~~~ STEPHANIE DAlEY-WATSON. SECRETARY S~974IDS 4/OS Safeoo.fJ ~ ale Safeoo logo are reg~ lrademad;s ofSa(eoo Cocpom'on. WEB PDF IBID/Insurance . SAFECO INSURANCE COMPANY OF AMERICA IOK FINANCIAL STATEMENr - DECEMBER 31, 2006 Assets Cash and Bank Deposits ........................................ $ 86,659,875 *Bonds ~ U.S GovernmcnL.........................................134)11,814 'Other Bonds........................................................... 2,821,326,707 'Stoeks ..... ......... ................ ......... ........... ......... ......... 523 ,881,548 Real &tate..................................................................... 0 Agents' Balances or UocoUcctcd Premiums.................626.775:xJ2 Accrued Interest and Rents.................................... 40.188,467 Other Admitted Assets........................................... 289,094.036 Total Admitt<<l Assets ......_.....__.....__...__.. 1'4 511 n~R ~49 Llab llities Unearned Premiums.............................................. $ 706,885,899 Reserve for Claims and Claims Expense ...................1,563,240,516 Foods Hdd Und(r ReinsW"ancc Treaties...n.......... 139,204 Reserve for Dividends to Policyholdcrs................._...... 2,116,676 Additional Statutory Reserve................................ Reserve for Conunissions, Taxes and Other Liabilities ........................................... 1.094.254.631 Total___.___.___.____.___.___.____.___ $3,366,636,926 Special Swplus FWlds...... $ (504,853) Capital Stock........._..................... 5,000,000 Poid in Swplus................................260,561,321 U!l3Ssigned Swplus................... 690.344.955 Surplus to PoUcyholders __.____.___.__. 1.155.401,423 Total Llabilltiu and Surplus...__....._....._....._.. S4~?1 nJR :t49 '" Bonds are stated at amortized or investment value; Stocks at Association Market Values. Securities canied at $124,431,457 are deposited as required by law. 1, TIM hrfIKOLAJEWSKI, Senior Vicc.President of SAFECO Insurance Company of America, do hereby certify that the foregoing is a true, and correct statement of the Assets and liabilities of said Corporation, as of December 31, 2006, to the best of my knowledge and belief. ill Wl'INESS WHEREoF, I have hereunto 5'et my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of March, 2007. S-1262a3lOT \M\~~A Senior Vice.President e A feg'stered trademark It SAFECO CofporaUon rJ' ...1.. '--,' i\ FRONT PAGE CONTRACTOR'S PERFORMANCE AND PAYMENT BOND (Public Work) Bond No.: Contractor Name: Contractor Address: Contractor Phone No.: Surety Company: 6518537 KRAFT CONSTRUCTION COMPANY. INC. 3520 Kraft Road, Naples, FL 34105 239-280-2689 SAFECO INSURANCE COMPANY OF AMERICA 2055 Sugarloaf Circle Duluth, GA 30097 Obligee Name: . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (If different from property Owner, or Dual Obligee) Obligee Address: 3301 Tamiami Trail, Naples, FL 34112 Bond Amount: . $9.852,691.00 Contract No. (if applicable) Description of Work: 07-4173 Gordon River Water Quality Park Collier County Purchasing Department Naples, Florida Project Location: . This Bond has been furnished to comply with the requirements of F.S. 255.05. This bond is hereby amended such that all provisions and limitations, including conditions, notice and time limitations of F,S. 255.05 are incorporated herein by reference. Any provision of this bond which conflicts with or purports to grant broader or more expanded coverage in excess of the minimum of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a common law bond. This is the front page of the Performance/Payment Bond(s} regardless of preprinted numbers on other pages issued in compliance with Florida Statute 255.05. n/share/bonds/frontpag lOK BID 07-4173 Gordon River Water Quality Park EXHIBIT A PUBLIC PERFORMANCE BOND Gordon River Water Quality Park Bond No. 6518537 Contract No07-4173 KNOW ALL MEN BY THESE PRESENTS: That KRAFT CONSTRUCTION COMPANY,INC. 352.0 Krall Road. Naples, Fl 341.05 , as Principal, and SAFECO INSURANCE COMPANY OF AMERICA as Surety, located at 2.055 Sugarloaf Circle, Duluth, GA 3.0.097 (Business Address), are held and firmly bound to Board of County Commissioners of Collier County, Florida , as Obligee in the sum of NINE MilliON EIGHT HUNDRED FIFTY TWO THOUSAND SIX HUNDRED NINETY ONE AND .0.0/1.0.0 DOLLARS ($ 9,652,691..0.0 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 11 SEPTEMBER , 2007, with Obligee Gordon River Water Quality Park Collier County Purchasing Department Contract #074173 Naples, Florida day of for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that.the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. GC-CA-A-4 IOK BID 07-4173 Gordon River Water Quality Park In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Perfonnance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 17 day of OCTOBER , 2007, the name of each party being affixed and these presents duly signed by its unqersigned representative, pursuant to authority of its governing body. - Signed, sealed and delivered in the presen~ PRINCIPAL STATE OF (...tloPr COUNlY OF ~UAeQ.. The foregoing instrument was ~kn~ledged before me this ~ day of ~ ,2007, by ~1to4 IM::~ ~ ,as ~~ of ==---~~~""lt. _v, a ~O'" corporation, on behalf of the corporation. ~/she is personally k~ to me OR has produced as identification and did (did not) take an oath. 1 My Commission Expires: (hA ~.-< a.,,~ (Siyna re) Name: v'a.llj;,,)' r"e. Alck:>..... (Legibly Printed) Notary Public, State of: Commission No.: KRAFT CONSTRUCTION COMPANY, INC. By'.~r~;r;~ -:;l ~ ~..\ @HO~ ITS: ~ _I'" .rr- (AFFIX OFFICIAL SEAL) 1l~~ v...~ Notary Public Stale of Florida ValkYrie Alden My Commission DD488134 Expires 12/26/2009 GC-CA-A-5 IOK BID 07-4173 Gordon River Water Quality Park ATTEST: SURETY: SAFECO INSURANCE COMPANY OF AMERICA (Printed Name) 2055 Sugarloaf Circle Dululh, GA 30097 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) ~.~ OR COUNTERSIGNATURE BY FLORIDA RESIDJr AGENT: By: ~., PETER F. J S -, -- 1 0<. vV L~ -'-t. . /./L./(-l.1.l~ ~ Ao/Attorney in Fact (Attach Power of Attomey) GERARD s. MACHOLZ Non Resident License #0057942 (Printed Name) Richard F. Ferrucci & Associates, LLC 1001 Franklin Avenue Suite 208 Garden CRy, New York 11530 (Business Address) 516-414-8900 (Telephone Number) STATE OF NEW YORK COUNTY OF NASSAU My Commission Expires: The foregoing instrument was acknowledged before me this -....!I- day of OCTOBER , 2007, by GERARD S. MACHOLZ , as ATTORNEY.IN-FACT of SAFECO INSURANCE,COMPANY OF AMERICA ,a Washington, Seattle Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. C:L.a.AAJ. ~.~~yt ~nature} - cr- JEANNE GARGUILO ~ Public. 8.... 01 Now 'Ib'" No. 01GAe112528 Qualtfied In N....u CO~"""'I\W CommUIon E>cpI... July 8. ~v . GC-CA-A-6 Name: JEANNE GARGUILO (Legibly Printed) Notary Public, State of: NY Commission No.: 01GA6112526 (AFFIX OFFICIAL SEAL) IOK -~ POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and Washington corporation, does each hereby appoint No. 13166 GENERAL INSURANCE COMPANY OF AMERICA, each a ....,,"'''......RICHARD G. AVERY; THOMAS BEAN; KAREN BOWLING; MARY ALICE J. CORBm; SUSAN LUPSKI; GERARD S. MACHOLZ; CAMILLE MAITlAND; ROBERTT. PEARSON; RITA SAGISTANO; Garden City, New York; KATHLEEN M. CRISTIANO; JOSEPH DOBKOWSKI, JR.; ADRIANNE SCALERA; Mountainside, New Jerse,........... its true and lawful attomey(sHn-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a simUar character issued in 'the Course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of August 2006 ~~~ STEPHANIE DALEY.WATSON.SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT. SURETY CERTIFICATE Extract lrom the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and olGENERALlNSURANCE COMPANY OF AMERICA: -Artiae V. Section 13. . FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for Ihat purpose by Ihe officer in charge of surety operatIons, shall each have authority to appoint Individuals as attorneys-in-fact or under other appropriate liUes with authorlty 10 execute on behalf of the company fidelIty and surety bonds and other documents of similar character Issued by the company In the course of its business... On any Instrument making or evidencing such 8ppofntmen~ the signatures may be affixed by facsimile. On any instrument confening such authority or on any bond or undertaking of the company, the seal, or a faoslmlle thereof~ may be Impressed or affixed or In any other manner reproduced; proyjded, however, that the seal shall not be necessary to the validity of any such Instrument or undertaking.- Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and 01 GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any: certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 1~ of the By-laws, and (if) A oopy of the power..of-attomey appointment. executed pursuant thereto, and (iil) C~rtifyJng Olat said power-of-attomey appointment Is In full force and effect, the signature of the certifying officer may be by facsimile, and Ole seal of the Company may be a facsimile thereof.- I~ Stephanie Daley-Watson , Secretary 01 SAFECO INSURANCE COMPANY OF AMERICA 8nd of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cef1ify that the Iorogoln9 extracts 01 the By-l.sws and of a Resolution of the Board of Directors of these corporations, and of 8 Power of Attorney Issued pun;uant thereto, ate (rue and correct, and Chat both the By~ws, the Resolution and the Power of Attorney are still In full Iorce end effect. IN WITNESS WHEREOF,' have hereunto set my hand and affixed the facsimile sear of said corporation this 17 day of OcroBER .2007 ~~~ STEPHANIE DALEY-WATSON, SECRETARY S-097</DS <105 SafecoP) and Ihe Safeoo logo are regi~ frademalb ofSafeoo C<Hporalion. WEll PCF BllDllnsurance .. 10 V SAFECO INSURANCE COMPANY OF AMERIC~ " \ FINANCIAL STATEMENT - DECEMBER 31, 2006 Assets Cash and Bank Deposits ........................................ S 86,659/l75 ....Bonds - U.S Govenunent...........................................134,111.814 .Other Bonds ..... ............. .h...... ..... ..... ...... ....... ".. '''m 2,821,326,707 'Stoeks ..... ...... ......... .......... "_". ....... .._................ .... 523 ,881 ,548 Real Estate.............................................................._..... 0 Agents' Balances or Uncollected Premiwns................. 626,775.,902 Accrued Interest and Rents.................................... 40,.188,467 Other Admitted Assets........................................... 289.094.036 Total Admitted Assets ......._.....__.....__...___ ~4.51? n~R 149 Liab mli.. Unearned Premiums.............................................. S 706,885,899 Reserve for Claims and Oaims Expense ...................1,563,240,516 Funds Hdd Under Reinsurance Treaties............... 139,204 Reserve for Dividends to Policyholders................._...... 2.116,676 Additional Statutory Reserve................................ Reserve for Conunissions. Taxes and Other Liabilities ........................................... 1.094.254.631 Total___.___.___.____.___.___.____.___ $3,366,636,926 Special Swplus Funds...... S (504,853) Capita! Stock............................... 5,000,000 P::.id in Su..1'Ius........................h......260.561,321 Unassigned Swplus................... 890.344.955 Surplus to Policyholders __.____.___.__. 1.155.401.423 Total Liabilities and Surplw..._......................... ~4 51' n~R :yq * Bonds arc stated at amortized or investment value; Stocks at Association Market Values. Sccwifics carried at $124,431.457 arc deposited as required by law. 1, TIM MlKOLA1EWS~ Senior Vicc.Prcsident of SAFECO Insurance Company of America, do hereby certifY that the foregoing is a true. and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2006. to the best of my knowledge and belief. IN WI1NESS WHEREOF, I have heccunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of March, 2007. 8-1262a3lO1 . .:I]J)'~~A Senior Vice.President 8 ^ te{i"stereO' trademark (( SAFECO' CorporaUon IOK ~ CERTIFICATE OF LIABILITY INSURANCE ACORD" I DATE (MMfODIYYYY) ~ 10/16/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tanenbaum-Harber Company, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 33269 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm Beach Gardens, FL 33420 561-799-1337 INSURERS AFFORDING COVERAGE NAIC' INSURED INSURER A Old Republic Insurance Company Kraft Construction Company, Inc. INSURER B AIG - National Union 3520 Kraft Road INSURER c: Naples, FL 34105 INSURER D , INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS. ~ LTR INSRO TYPE OF INSURANce POLICY NUMBER D~ 100 LIMITS A ;ZjNERALLlA.ILlTY A2CG41 040705 06/01/2007 06/01/2008 EACH OCCURRENCE $ 2,000,000 ../ COMMERCIAL GENERAL LIABILITY ~~~~~~J9E~~~J~r~nce\ $ 100,000 D CLAIMS MADE I{] OCCUR MED EXP (Anyone person) $ 5,000 g' PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGRE~~ LIMIT APPLIES PER PRODUCTS. COMP/OP AGG $ 4,000,000 I POLICY ../ PROJECT n LOC A ~UTOMOBILE LIABILITY A2CA41040705 06/01/2007 06/01/2008 COMBINED SINGLE LIMIT $ 1,000,000 f: ANY AUTO (Eaaccidenl) = ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) .,; HIRED AUTOS BODILY INJURY $ .,; NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Peraccidenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =1 ANY AUTO OTHER THAN EAACC $ AUTO ONLY AGG $ B ;ZjCESS/UMBRELLA LIABILITY BE4690116 06/01/2007 06/01/2008 EACH OCCURRENCE $ 10,000,000 ../ OCCUR D CLAIMS MADE AGGREGATE $ 10,000,000 $ =1 DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND A2CW41 040704 06/01/2007 06/01/2008 ,,1l T~~l[fJ:ts n 'loT,\' EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E,L EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? ELDISEASE-EAI::MPLOVEE $ 1,000,000 ~~~~I~~~f~b~';:~1~~s below E.L. DISEASE. POLlCY LIMIT $ 1,000,000 OTHER RE: Gordon River Water Quaility Park, Certificate Holder is included as an Additional Insured, as required by written contract. Waiver of Subrogation is included and applies in favor of the Certificate Holder, as required by written contract. CERTIFICATE HOLDER Collier County, Florida Collier County Government Complex Altn: Purchasing Building/Purchasing Dept 3301 Tamiami Trail East Naples, FL 34112 CANCELLATION SHOULD ANY OF THE A80VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERnFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2oo1/0B) C> ACORD CORPORATION 1BBB IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate hoider in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmativeiy or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 10 f{ BID 07-4173 Gordon River Water Quality Park EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor 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 Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of ",11 insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. -''1) Should at any time the Contractor not maintain the insurance coverage's required herein, the -,wner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-C.1 BID 07-4173 Gordon River Water Quality Park lOK -.,;overage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse )wner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self- insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? c><:J Yes D No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements GC-CA-C-2 lOK BID 07-4173 Gordon River Water Quality Park b. Employers' Liability X $500,000 Each Accident $500,000 Disease Aggregate $500,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. (check one) D Applicable ~ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) D Applicable ~ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ~ Yes D No ._(1) Commercial General Liability Insurance shall be maintained by the Contractor on an ccurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. 'This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. -I')) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the Jmpletion of the work under this Agreement. (check one) GC-CA-C-3 BID 07-4173 Gordon River Water Quality Park 1/ ('"-:\ Ul .i. ,~; f\ o Applicable ~Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) o Applicable ~ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. -(3) The property insurance provided by the Owner requires minimum deductibles and the ;ontractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance - ':Jtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such GC-CA-C-4 IOK BID 07-4173 Gordon River Water Quality Park -rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall .Jrovide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? [Z;J Yes D No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as _.primary insurance. CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida. as described in the attached Contract Insurance Requirements form. The OWNER shall procure and maintain property insurance upon the entire Project, if required, to the full insurable value of the Project. The property insurance obtained by OWNER shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents OWNER and CONTRACTOR waive against each other and OWNER's separate 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. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNER's separate CONTRACTORs, Design Consultants and SubCONTRACTORs and shall require each of them to include similar waivers in their contracts. The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. CONTRACTOR shall obtain and carry, at all times during its performance under the Contract - 1cuments, insurance of the types and in the amounts set forth in this Article 3, and certificates GC-CA-C-5 BI D 07-4173 Gordon River Water Quality Park lOK ~ attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well JS the site location and address (if any). The General Liability Policy provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County / Board of County Commissioners/Naples, Florida The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR 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 CONTRACTOR's sole responsibility. Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. _The CONTRACTOR and/or its insurance carrier shall provide 30 days written notice to the OWNER f policy cancellation or non-renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the CONTRACTOR not maintain the insurance coverage's required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverage's 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 Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) lall be considered justification for the OWNER to terminate the Agreement. GC-CA-C-6 BID 07-4173 Gordon River Water Quality Park lOK .. Co~'Y County ~ COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS TYPE LIMITS (Check) X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutory Limits and Requirements X Emplover's Liability X $500,000 $1,000,000 X Commercial General $1,000,000 per occurrence X $2,000,000 per occurrence Liability (Occurrence Form) bodily injury and property bodily injury and property patterned after the current damage damage ISO form with no limiting endorsements. Airport Liability Insurance $500,000 per occurrence $1,000.000 per occurrence bodily injury and property bodily injury and property damaoe damaoe X Business Automobile X $1,000,000 per occurrence $2,000,000 per occurrence Insurance bodily injury and property bodily injury and property damage damaoe Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Builders Risk Insurance OWNER Will Purchase-Replacement Cost- All Risks of Loss Professional Liability $1,000,000 per occurrence $2,000,000 per occurrence Insurance $1,000,000 aooreoate $2,000,000 aooreoate INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the 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 Countv. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name and number shall be included on the certificate of insurance. I Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial I General Liabilitv and/or Airoort Liabilitv where re~uired. FORM 4- Major Trade- High Hazard GC-CA-C-7 BID 07-4173 Gordon River Water Quality Park IOK COUNTY OF COLLIER STATE OF FLORIDA) EXHIBIT C RELEASE AND AFFIDAVIT FORM 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 2007 for the period from to . excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors. material-men, successors and assigns, that all charges for labor, materials, supplies, lands. licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed. have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions. claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President Witnesses DATE: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2007, by ,u ~ ,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-8 10K;~1' BI D 07-4173 Gordon River Water Quality Park EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) % % Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ 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 $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended By Design Professional: (DP's Name) (Signature) DATE (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved By OWNER'S Project Manager: (Signature) DATE (Type Name and Title) GC-CA-D-1 ill > 0:: c o '0 L o .-"1") ~ '" , "- a o OJ .. lOK -1': ro 0.. .q ro ::l o ill co S I ,;I~ I~I~I !' I ' r I~:: II wW u~ o:~ ;E~ II T' -il' ~o ! ul.... , ~. u "'iQ) .._ ~IOlw I~I;; ,mtT ~I~ w11- HI'I II ~ W,rt: c( , , I I-,..Jolc I;'ji II1I1 010. l- III l-i::l!:lU) 0 0.,.- luiOld .I~''=I h-rt, 1- -111 ',I' III ~I~II I ~I ~i I " III I ~'~II I~I~I i II ~,~ t,~I: I I "':" I :E, 1~~I'ri II :.. i:- I , I '~I I I , )~ Iwl.... 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'c,.1 'I, W N o "= o , o c.9 ~ K \,..11' BID 07-4173 Gordon River Water Quality Park 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 periormed 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 Date: Director (For use by Owner Fund Number: ) Cost Center: Object Code: Project GC-CA-E-3 - 10K :>; ~] '; BID 07-4173 Gordon River Water Quality Park 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 ,2007 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2007 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2007 OWNER By: Type Name and Title GC-CA-F-2 " lOK BID 07-4173 Gordon River Water Quality Park EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: 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 BID 07-4173 Gordon River Water Quality Park 10K Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as EXHIBIT G FINAL PAYMENT CHECKLIST Date: ,2007 and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A explanation. If NO is checked for any of the above, attach Acknowledgments: By Contractor: (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 lOK 11 BID 07-4173 Gordon River Water Quality Park EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: GC-CA-H-1 BID 07-4173 Gordon River Water Quality Park lOK those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways. railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC-CA-H-2 BID 07-4173 Gordon River Water Quality Park lOK 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC-CA.H.3 BID 07-4173 Gordon River Water Quality Park 10K 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. 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 reserves the right to reduce the amount of the retainage withheld subject to the guidelines 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. GC-CA-H-4 lOK BID 07-4173 Gordon River Water Quality Park 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 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 BID 07-4173 Gordon River Water Quality Park lOK 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 GC-CA-H-6 BID 07-4173 Gordon River Water Quality Park 10 K I 1 substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with 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. GC-CA-H-7 BID 07-4173 Gordon River Water Quality Park lOK 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 8.1.3 personnel; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.17 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 GC-CA-H-8 - ,..__..._--_.~"._.,_.... .-.-..,~-_."--- lO.K BID 07-4173 Gordon River Water Quality Park faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for 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. GC-CA-H-9 BID 07-4173 Gordon River Water Quality Park 10K 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a 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 GC-CA-H-10 BID 07-4173 Gordon River Water Quality Park IOK 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. 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. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the GC.CA~H~ 11 BID 07-4173 Gordon River Water Quality Park lOK Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who ;s a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. GC-CA-H-12 IOK BID 07-4173 Gordon River Water Quality Park 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by 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. GC-CA-H-13 BID 07-4173 Gordon River Water Quality Park lOK 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 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 GC-CA-H-14 BID 07-4173 Gordon River Water Quality Park lOK ; I the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its 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 GC-CA-H-15 BID 07-4173 Gordon River Water Quality Park lOK through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected 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 GC-CA-H-16 lOK BID 07-4173 Gordon River Water Quality Park Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice 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. GC-CA-H-17 BID 07-4173 Gordon River Water Quality Park lOK 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. GC-CA-H-18 IOK if'\ BID 07-4173 Gordon River Water Quality Park 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to GC-CA-H-19 BID 07-4173 Gordon River Water Quality Park lOK accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such 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. GC-CA-H-20 ~ .----..,,-----.- lOK BID 07-4173 Gordon River Water Quality Park Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 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 GC-CA-H-21 BID 07-4173 Gordon River Water Quality Park lOK to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners 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. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. GC-CA-H-22 ----_. lOK BID 07-4173 Gordon River Water Quality Park 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. GC-CA-H-23 BID 07-4173 Gordon River Water Quality Park 10K 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at col/iergov.neUpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: GC-CA-H-24 BID 07-4173 Gordon River Water Quality Park IOK 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those GC-CA-H-25 BID 07-4173 Gordon River Water Quality Park lOK 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 will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, GC-CA-H-26 BID 07-4173 Gordon River Water Quality Park IOK 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: 34.1.1 34.12 341.3 341.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 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 GC-CA-H-27 BID 07-4173 Gordon River Water Quality Park lOK 34.1.10 34.1.11 34.1.12 341.13 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 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. 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, GC-CA-H-28 lOK BID 07-4173 Gordon River Water Quality Park 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. 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