#11-5706 (DeAngelis Diamond Construction, Inc.)
MEMORANDUM
Date:
August 19, 2011
To:
Diana De Leon, Contract Technician
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #11-5706: Bluebill Avenue Beach Access Turnaround
& Bathroom
Contractor: DeAngelis Diamond Construction, Inc.
Attached, is an original of the contract referenced above (Item #16D7),
approved by the Board of County Commissioners on Tuesday, July 26, 2011.
The second original contract will be held on file with the Minutes and Record's
Department in the Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
~SeMcesOMsicn
Purchasing
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-8375
FAX: (239) 252-6597
Email: dianadeleon@collierqov.net
www.collierqov.net/pu rchasinq
Memorandum
Subject:
11-5706 "Bluebill Avenue Beach Access Turnaround & Bathroom"
Date:
August 9, 2011
From:
Diana De Leon, Contracts Technician, Purchasing Dept.
To:
Ray Carter, Risk Management
These contracts were approved by the BCC on July 26,2011 agenda item 16.0.7.
The County is in the process of executing contracts with DeAngelis Diamond Construction, Inc.
Please review the Insurance Certificate(s) and Payment and Performance Bonds.
· If the insurance is not in order. please contact the vendor/insurance company to obtain a proper
certificate. Once you receive the proper certificate(s), please acknowledge your approval and send
to the County Attorney's office via the attached Request for Legal Services.
. If the insurance is in order. please acknowledge your approval and send to the County Attorney's
office via the attached Request for Legal Services.
If you have any questions, please contact me at the above referenced information.
C: Clint Perryman, CZM
AUG 1 0 2011
RISK MANAGEMENT
~
"~ \~
~~
(Please route to coun~rnREClI_hed Request for Legal Services)
G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewofl nsurance4/15/201 0/16/09
eoltr County
Administrative Service DMsion
Purchasing
Bluebill Ave Beach Access Turnaround & Bathroom
COL\lIER COUNTY BID NO. 11-5706
COLLIER COUNTY, FLORIDA
Design Professional:
Q. Grady Minor & Victor J. Latavish
(i)
'l:a.a<'~
PUrdlaslng Depal1lrent. 3327 Tamiami Trail East. Naples, Florida 34112-4901, www.colliergov.neUpurchasing
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 Q. Grady Minor & Victor J.
Latavish
and identified as follows: Bluebill Ave Beach Access Turnaround &
Bathroom
as shown on Plan Sheets 1 through 19.
EXHIBIT N: Contractor's List of Key Personnel
Colt,. County
Administrative Service' Division
Purcha.sing
PUBLIC NOTICE
INVITATION TO BID
Bluebill Ave Beach Access Turnaround & Bathroom
COUNTY BID NO. 11-5706
Separate sealed bids for the construction of Bluebill Ave Beach Access Turnaround &
Bathroom, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the
Collier County Government, Purchasing Department, 3327 Tamiami Trl E, Naples, FL
34112, until 2:30 P.M. LOCAL TIME, on the 10th day of June 2011, 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, at 10:00 a.m. LOCAL TIME on the 1st day of June 2011, 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, Bluebill Ave Beach Access Turnaround & Bathroom Bid
No. 11-5706 and Bid Date of June 10,2011". No bid shall be considered unless it is
made on an unaltered Bid form which is included in the Bidding Documents. The Bid
Schedule (GC-P-1 through GC-P-15) shall be removed from the Bidding Documents
prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E-Procurement website: www.collierqov.net/bid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
GC-PN-1
(Construction Services Agreement_Revised July 2009)
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred eighty (180) calendar days from and after the Commencement Date specified
in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 13th day of May 2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell. C.P.M.
Purchasing and General Services Director
GC-PN-2
(Construction Services Agreement_Revised July 2009)
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-15 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Purchasing Department, 3327 Tamiami Trl E, Naples, FL
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 location
GC-IB-1
specified herein after the time specified for bid opening will be returned to the bidder
unopened and shall not be considered.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-I B-2
Section 5. Signing of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC-I B-3
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory..
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be aocepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
GC-18-4
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
12.5 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an
expressed requirement of the bid invitation to provide pricing for all alternates as
listed. The omission of a response or a no-bid or lack of a submitted price may be
the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non-
responsive and will not be considered for award.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 Statement of Award: The Award of Contract shall be issued to the lowest,
responsive and qualified Bidder determined by the base bid, and any, or all, selected
alternates, and the Owner's investigations of the Bidder. In determining the lowest,
responsive and qualified bidder, the Owner shall consider the capability of the Bidder to
perform the contract in a timely and responsible manner. When the contract is awarded
by Owner, such award shall be evidenced by a written Notice of Award, signed by a
Purchasing Agent of the Owner's Purchasing Department or his or her designee and
delivered to the intended awardee or mailed to awardee at the business address shown
in the Bid.
Local Vendor Preference: The Collier County Board of County Commissioners has
adopted a Local Preference "Right to Match" policy to enhance the opportunities of local
businesses to receive awards of Collier County contracts.
A "local business" is defined as a business that has a valid occupational license issued
by either Collier or Lee County for a minimum of one (1) year prior to a Collier County
bid or proposal submission that authorizes the business to provide the commodities or
GC-IB-5
services to be purchased, and a physical business address located within the limits of
Collier or Lee Counties from which the vendor operates or performs business. Post
Office Boxes are not verifiable and shall not be used for the purpose of establishing said
physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of either
Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and
increase to either Collier or Lee County's tax base, and residency of employees and
principals of the business within Collier or Lee County. Vendors shall affirm in writing
their compliance with the foregoing at the time of submitting their bid or proposal to be
eligible for consideration as a "local business" under this section.
When a qualified and responsive, non-local business submits the lowest price bid, and
the bid submitted by one or more qualified and responsive local businesses is within ten
percent (10%) of the price submitted by the non-local business, then the local business
with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity
to submit, an offer to match the price(s) offered by the overall lowest, qualified and
responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder
and the lowest local bidder are in fact qualified and responsive bidders. Next, the
Purchasing Department shall determine if the lowest local bidder meets the
requirements of Section 287.087 F.S.
If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing
Department shall invite the lowest local bidder to submit a matching offer to the
Purchasing Department which shall be submitted within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid
from the lowest non-local bidder tendered previously, then award shall be made to the
local bidder. If the lowest local bidder declines or is unable to match the lowest non
local bid price(s), then award will be made to the lowest overall qualified and responsive
bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S.
and the lowest non-local bidder does, award will be made to the bidder that meets the
requirements of the reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming
Status as a Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will
preclude said Bidder from being considered for local preference on this
sol icitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to
one year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of
GC-18-6
clarification to assure full understanding of, and responsiveness to solicitation
requirements.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays or 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 http://www.colliergov.net/lndex.aspx?page=762.
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.
12.5 Certificate of Authoritv to Conduct Business in the State of Florida
(Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall
be required to provide a certificate of authority from the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute
607.1501 (www.sunbiz.orq/search.html). A copy of the document shall be submitted
with the solicitation response and the document number shall be identified. Firms who
do not provide the certificate of authority at the time of response shall be required to
provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the
right to award to another firm.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
GC-IB-7
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
GC-I B-8
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. LobbyinQ
All firms are hereby placed on NOTICE that the Board of County Commissioners
does not wish to be lobbied, either individually or collectively about a proiect for
which a firm has submitted a response.
Firms and their agents are not to contact members of the County Commission for such
purposes as meeting or introduction, luncheons, dinners, etc. During the process, from
solicitation closintl to final Board approval, no firm or their agent shall contact any other
employee of Collier County in reference to this solicitation, or the vendor's response, with the
exception of the Purchasing Director or his designee(s). Failure to abide by this provision may
serve as grounds for disqualification for award of this contract to the firm.
Section 18. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in
compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
GC-I B-9
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bluebill Ave Beach Access Turnaround & Bathroom
BID NO. 11-5706
Full Name of Bidder
DeAngelis Diamond Construction, Inc.
Main Business Address
6635 Willow Park Drive Naples, FL 34109
Place of Business 6635 willow Park Dri:ve Naples, FL 34.109
Telephone No.
239 594-1994
Fax No. 239 594-1995
State Contractor's License # CGC1518492
State of Florida Certificate of Authority Document Number
Federal Tax Identification Number 65-0634426
P9600000B535
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and fumish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and in the case
where further decimal points are inadvertently provided, rounding to two decimal
points will be conducted by Purchasing staff.
GC-P-1
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
GC-P-2
BID SCHEDULE
Bluebill Ave Beach Access Turnaround & Bathroom
Bid No. 11.5706
Please insert your prices at www.colliergov.net/bid
GC-P-3
Project Manager. Clint Perryman
Date Posted 5/13/2011
Date Due: 6/16/2011
Bid No. 11-5706
Bluebill Ave Beach Access Turnaround Bathroom
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1 Mobilization / Demobilization LS 1 $184,400.00
2 Stormwater Pollution Plan LS 1 $2,500.00
3 Site Clearing, Grubbinq & Grading LS 1 $7,500.00
4 Stormwater Management Svstem LS 1 $6,500.00
5 Asphalt Drive Tumaround/Patchinq/Overlav LS 1 $60,000.00
6 Paver Sidewalks and Pathway LS 1 $13,000.00
7 Landscapinq/lrriqation LS 1 $25,000.00
8 Retainino Wall and Handrails LS 1 $36,000.00
9 Swing Gate (Dbl. 12') Park Entry LS 1 $3,800.00
10 Hardscape (benches, bike rack and shower) LS 1 $7,500.00
11 Maintenance of Traffic LS 1 $2,400.00
12 Sanitarv Sewer LS 1 $30,000.00
13 Water Service LS 1 $14,700.00
14 4' Vinvl Coated Chainlink Fence LS 1 $2,400.00
15 Alternate NO.1 20'x10'x4" Concrete Slab LS 1 $990.00
16 Alternate No.2, Concrete Pilinas & related work LS 1 $19,000.00
17 Remove/Replace Unstable Subqrade CY 100 $700.00
18 12" Water Main Deflection (If Necessary) LS 1 $6,500.00
19 Alternate NO.3 Flowable Fill -Sanitary Sewer LS 1 $200,000.00
Total $622,890.00
Material Manufactures Yes/No: Yes
List of Subcontractors Yes/No: Yes
Statement of Exoerience of Bidder Yes/No: Yes
Trench Safetv Act Yes/No: Yes
Local Vendor Yes/No: Yes
E-Verifv ' Yes/No: Yes
Immiaration Affidavit rYes/No Yes
Bid Bond (ves/No): Yes
Addendums Acknowledaed rYes/No): Yes
Opened Bv: Scott Johnson
Witnessed Bv Nicole Parker
Notices Sent: 1155
Notices Downloaded: 89
Bids Recieved 1
MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and
materials outlined in this Bid specifications. Exceptions (when equals are acceptable)
may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not
approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in
the specification. Acceptance of this form does not constitute acceptance of material
proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL
EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
GC-P-4
LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the
major categories outlined in the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors
for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and
Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and
necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to
disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its
bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any
Subcontractor, at no additional cost to Owner, which is found to be non-compliant with
this requirement either before or after the issuance of the Award of Contract by Owner.
(Attach additional sheets as needed). Further, the undersigned acknowledges and
agrees that promptly after the Award of Contract, and in accordance with the
requirements of the Contract Documents, the Successful Bidder shall identify all
Subcontractors it intends to use on the Project. The undersigned further agrees that all
Subcontractors subsequently identified for any portion of work on this Project must be
qualified as noted above.
Major Category of Work
Subcontractor and Address
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GC-P-5
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Project and Location
Reference
1.
South Regional Library
8065 Lely Cultural Pkwy. Naples, FL
Collier County, Hank Jones
239 774 -8380
2.
Golden Gate Library
4898 Coronado Pkwy. Naples, FL
Collier County
Hank Jones
239 774 -8380
Golden Gate Fire Station #73
3.
Central Admin. Headquarters
1~579 Collier Blvd Naples. FL
Golden Gate Fire Rescue
Chief Donald Peterson
239 348 - 7540
4.
Pine Ridge Government Center
15650 Pine Ridge Road, Ft. Myers. FL
Lee County
Ayoub Al Bahou
239 533 - 830
5.
First Baptist Church of Marco
Addition & Renovation
1450 Winterberry Dr., Marco Island, FL
First Baptist Church of Marco
Pastor Timothy Neptune
239 394 - 1007
6.
Marco Island Airport Apron &
Park~ng l..ot I!;xpan5~on
Collier County Airport Authority
Robert Tweedie, Jr.
239 642 - 7878
2005 Mainsail Dr. Marco Island. FL
Dated
06-16-11
DeAngelis Di~nd Construction,
/} 1/
. ~.de'M--
L-j m~
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Inc.
BY:
GC-P-6
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
Measure Measure
(Description ) (LF,SY)
1. " .....- '1' Lt:==-
c:; j I"Yt 0 (,./;;. ) W,?
I I
2. pt" iv,4le.P,; nCj Lr
d
3. {7~av{HSth~ l-r
4.
5.
Unit
(Quantity)
Unit
Cost
Extended
Cost
2,tj- 3
~f3
7--1-/- '3
dO
l
,~OO
0'"
~2-43
1r (, :2 I 5' 03-
,
0"7
b.J 4-30 -~
00
10
TOTAL
$
3, S ~ i
.
Failure to complete the above may result in the Bid being declared non-responsive.
06-16-11
Dated
Inc.
BY:
GC-P-7
eoltr County
Affidavit for Claiming Status as a Local Business
Administrative Sef'Jices Division
?urch2Siilg
BID #:11-5706 (CHECK ApPROPRIATE BOXES BELOW)
State of Florida (Select County if Vendor is described as a Local Business
~ Collier County
D Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County
Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy;
A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased, and a physical business address located within
the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are
not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the
foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development
and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or
Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to
be eligible for consideration as a "local business" under this section.
Vendor must complete the following information:
Year Business Established in ~Collier County or D Lee County:
1996
Number of Employees (Including Owner(s) or Corporate Officers):
56
Number of Employees Living in @ Collier County or D Lee (Including Owner{s) or Corporate Officers): 30
If requested by the County, vendor will be required to provide documentation substantiating the information given in
this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name: DeAngeli DiamoJ Cons t ru,4. ion , Inc. Date: 06-16-11
Naples, FL 34109
TItle:
Vice President
STATE OF FLORIDA
[] COLLIER COUNTY
D LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this
June ,2011.
CZ1 ,rn /Jf\ ;F:X~9 R QJ!
-.-., ---. -
Notary Public
My Commission Expires: .cs!C:X1 r.s
16th
Day of
(AFFIX OFFICIAL SEAL)
LYNNOONOHUE
MY COMMISSION It EE 005118
~"'.'1f;.7f B ndedEXP1AES: May 20, 2015
'P.f.,r,i. 0 .!fw NolaIy Pubiit Und6l1l1i1...
GC-P-B
I ' · '
I AC# 5044700
I
I
I
I
I
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
CHARLIE CRIST
GOVERNOR
DISPLAY AS REQUIRED BY LAW
, ,CHARLIE LIEM
INTERIM SECRETARY
07 20 2010 108011673 CGC037335,
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chaptei~8Q
Expiration date: AUG 31, 2012,
DIAMOND , DAVID B
DEANGELIS DIAMOND CONSTRUCTION
16649 TOSCANA CIRCLE #806
NAPLES 'FL 34110
" ',0,6' ol/2'oio 09B16,9340~, CGCOS8S00 '
1fe~~~~~~~if~~~~~.~i~~li~{'_
'. . _ _ ... \: '-." ::: .::.:.\'.::}.l1 hi~ .
DE ANGEL:rS iJOHNM . .,. ' , ,;
DE ANGELIS' ,DIAMOND, CONSTRUCTION..,INC-'\:;;:\",
6635':WILLOir-t 'PARK DRIVE,.'.' ," "..,
NAPLES' "', , "FL34'l09"
" ST~ T~. OF FLORIDA ,
".":DEPARTMENT .oF" BUSINESS ".AND PROFESSIONAL ',.'~REGriLAT.:rON'
-.' ,; }CON~TRUGTIO~ ',INDUSTRY LICENSING, :BO~
. . . '. ."
: CHARLIE CRIST
GOVERNOR. '
. . . ," '.
. .",.
: . ..".. . '-.
. . . .
. . . .
, ..
, ' ,
, DISPLAY AS REQUIRED BY LAW
, "
. . ," '".
. -. .
, : CHARLIE LIEM
INTERIM SECRETARY
AC# 502597.3 ,.., '..' ,',", STATEpF FLORID~,
I)EPARTMENTOF E!USi::kES'~'iNn PROFE'SSIONALREGULATION-- .,' "'"
';~9NSTRU~~.~9~; ~*,?:~TRY;,~"ICENSING.' 'BOAW?"SI:~ LioQ.707907~81
: . LICENSE'NBR,:;,"~~-t;::.
, 07707 -2010 U8002692:', CGC15:L8492:...~::(~~,:~\<~~}'~,~{>,
,The GENERAL CONTRACTOR. ,::;~~;~:~T~S!~~!f~ ~~~::~: " ."
.~~i:::~~:!~t~~e~,;;:;lihtt~t~~, .....
m:~~~g~D~ONDCON:~R:~~~~~:20I:I{!':T':;'~>"
: CHARLtEiIEM""i,
INT;E:RIM SECRET.A,RY>
CHARLIE ,CRIST
. GOVERNOR :"
cjfer County
------~--------
Admjnistrative Services Division
Purchasing
Immigration Law Affidavit Certification
Solicitation # and Title: 11-5706 Bluebill Ave Beach Access Turnaround & Bathroom
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors I Bidders are
required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the
submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-
Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the
company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv proClram.
may deem the Vendor I Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor's J Bidder's proposal.
Print Name
DeAngelis Diamond Construction, Inc.
~' NormanJ'G~try 1. /1--
~ 4tvf1ir-l
v
Title
Vice President
Company Name
Signature
Date
06-16-11
State of Floirda
County of Collier
The foregoing instrument was signed and acknowledged before me this 16th day of
2011:..., by
June
Norman Gentry
who has produced
personally known as identification.
(Type of Identification and Number)
(Print or Type Name)
-'--I' Cli7)i l) ~ '
i /~ ,r (\ /V'\ l \/,{ -.::;r}.... .f i)
NotarY Public Signature -
L\fnn r)onnhu=,
Printed Name of Notary Public
5Ic?)J){ i 5>
Notary Commission Number/Expiration
l YNN DONOHUE
MY COMMISSION # EE 085118
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made.
GC-P-9
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver
the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.
The bid security attached is to become the property of the Owner in the event the Agreement,
Insurance Certificates and Bonds are not executed and delivered to Owner within the time
above set forth, as liquidated damages, for the delay and additional expense to the Owner, it
being recognized that, since time is of the essence, Owner will suffer financial loss if the
Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance
Certificates and Bonds within the required time period. In the event of such failure, the total
amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and
quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated
damages from the Successful Bidder in the event it fails to execute and deliver the Agreement,
Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby
expressly waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely
manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site
within 5 calendar days from the commencement date stipulated in the written Notice to Proceed
unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later)
commencement date. The undersigned further agrees to substantially complete all work
covered by this Bid within one hundred fifty (150) consecutive calendar days, computed by
excluding the commencement date and including the last day of such period, and to be fully
completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar
days after Substantial Completion, computed by excluding commencement date and including
the last day of such period.
Respectfullv Submitted:
State of Florida
County of Collier
Norman Gentry , 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.
Norman Gentry , also deposes and says that it
has examined and carefully prepared its Bid from the Bidding Documents, including the Contract
Drawings and Specifications and has checked the same in detail before submitting this Bid; that
the statements contained herein are true and correct.
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
Florida which operates under the legal name of
DeAngelis Diamond Construction, Inc. , and the full names of its officers are
as follows:
GC-P-10
President David Diamond
Secretary John DeAngeli s
Treasurer David Diamond
Manager Norman Gentry
The Vice President
contracts for the
is authorized to sign construction bids and
company by action of its Board of Directors taken
, a certified copy of which is hereto attached (strike out this
last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
operating under a trade name, said trade name is
, and if
DATED
legal entity
BY;
Witness
Name of Bidder (Typed)
Witness
Signature
Title
GC-P-11
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before me this 16th day of June I 2011,
by Norman Gentry as Vice President of
DeAnaelis Diamond Construction. Inc. ,a Florida corporation, on behalf of the
corporation. He/she is personally known to me or has produced
personally known 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
Commission No.:
GC-P-12
I
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we _DeAngelis Diamond Construction. Inc..
6635 Willow Park Dr, Naples, FL 34109 (herein aTter called the Principal) and
Liberty Mutual Insurance..C.ompany, 175 Rerkely Rd,..B.aston MA O? 116 ,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of Massachusetts with its principal offices in the city of Ro~ton
and authorized to do business in the State of Florida are held and
firmly bound unto the .Board of ("mmty ("nmmj~~inn"'~ of ("oilier r.mmty
(hereinafter called the Owner), in the full and just sum of
Five percent oftotal bid dollars ($ 5% oftota! Bid )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and finnly 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 Bid No. 11-5706
Bluebill Ave Beach Access Turnaround & Bathroom
Bid No. 11-5706
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 'l.nth the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specffied in
the Bidding Documents or Contract Documents with good and suffiCient surety for the
faithful performance of the Agreement and fOf the prompt payment of labof, materials and
supplies fumished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds. and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ 5% oftota] bid noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherNise to remain in full force and effect.
GC-P-13
IN TESTIMONY Thereof, the Principal and Surety have caused these presl:!!lts to
be duly signed and sealed this 10th day of June I 2011.
DeAnge~is Diamond Construction. I~'
~~ ~ - .~
BY /' ---?..---~ ~t"" b.4"l'lt',
~~ ,?-
/~1~M~t, om~
?--/ ")
~ t!- Matthew D. Bevins. Attorney-in-Fact
Principal
(Seal)
Surety
(Seal)
Countersigned
Locar Resident Producing Agent for Dawson of Florida. LLC. 1615 SE 47th Terrace.
r.~rp. r.oml FT ':\':\904
GC-P- 14
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Any required drawings, descriptive literature, etc. have been included.
5. Any delivery information required is included.
6. Local Vendor Preference Affidavit completed.
7. Immigration Affidavit completed and the company's E-Verify profile page or
memorandum of understanding
8. Certificate of Authority to Conduct Business in State of Florida
9. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers
check has been included.
10. Any addenda have been signed and included.
11. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami TrI E
Naples FL 34112
12. The mailing envelope must be sealed and marked with:
<::>Bid Number; 11.5706
<::>Project Name; Bluebill Ave Beach Access Turnaround & Bathroom
<::>Opening Date.
13. The Bid will be mailed or delivered in time to be received no later than the speCified
openinq date and time, otherwise Bid cannot be considered.
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
DeAnge4 DLnd Co
~Na .
" S(g~a'fure & Title
vice President
GC-P-15
AIII1UalSlalamenllllrlheye;r:2lJil9aflhe .U!'!';ty.~!!'!".~~.~l!Y.., .,. '" .,.. ,......... '.'
ASSETS
Assets
ClIrrenl Year Plitr Year
1 3 4
NelJ..dmi1ec1
Ncnadml!lac1 A.- tieMnlIlod
Assets (Cds, 1-1) AueIs
............. ..1W~.~.6!1l! ,.H~.!ll!!!.1',(lf.
...... ...... , . . . ?~~.Jl~ ....T~~I~.?ll/!
........... ...~.l~ '. .(~.471Al!
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1. I3anc1s(Schel!IeCI.., .... d. ................" ....".... ........ .. n.~.~
2. SIDdIs (Scb1liJle D~
2.1 PrefemllllDd<s.....................,..................,..., d' 782.976.318
2.2 Common_ :: :.9.i~.$.~
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to
the extent herein stated. ' '..,,', , - " ," , " ' " ' ',', "
'.. "', , , ' 'UBERTY MUTUAL INSURANCE COMPANY ,
, 'BOSTON, MASSACHUSETTS
, PqWEF! OF ATTORNEY
2942317
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint '
MATTHEW D. BEVINS, D. MICHAELSHERMAN, JOSEPH.C. BRJCKN~R, STEVENC.BUELTER, ERIN MCELROY, ALL
OF, THE CITY, OF CAPE CORAL, SIA TE OF FLO~IDA...:~~L:;.......n.~~,~.;~.......~~L~.;;:;;;:;;.;:..~.,;...,..........~.................m......
....oo........ ........ ............ .......... ... ...... ...;~..:... ....... ..... ~~'......... ... ..~.~'. ...~.. I............. ....~~~...~.. ~~ ............. ..';.;'~. .1... .....;'......~...... .... ..... .~..~ .'~.~.. ~.. ........... ..11I. ... ................. ...
, each individually if there be more than oneiiartied, Its lrti~and lawful attorn~y~in-factto,ri,ake, ex~ctJte, seal, acki1b~iedge and deliver, for and on its
behalf as sure!y and as its act and,deed, arY~,~lld all u, ",dE!,rtakinos" bonds, recocnizancesarid olher:surely Obligations, if; the R~~~L~~m not exceeding
SEVENTY FIVE MILLION AND 00/100" -***...uu.7.UHHuu****~DOLLAR~ {S 75.000.aOD.OO***"t:'~ 1 each, and the
execution of such undertakings, bonds; recognizances and other surety obligations, in pursuance 'of these presents"shall be as binding upon the
Company as jf they had been duly sig,f"!ed'by',the presidenta~d ",ttested by the secretaJ}'{jflhe Company In their ownproperpersons. ' , ,
That this power j~ made and execut~.~urs~an.ttoand bya~thClritYOfthe~Uowing BY~la~arld Auth~~~tiOr1:" '
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"2 ~ By the followi~g instrument ttJe,chairman or the presic;lent has authorized the officer or other officiai named thereinto appoint allom~ys-in-fact
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~ ~ That the By-law and the Apthorization set forth above are ,true copies thereof and are now In full force and effect.
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c1i ~ COMMONWEALTH OF PENNSYLVANIA ss
~ ~ COUNTY OF MONTGOMERY
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t:: ~ On this.ill!l.- day of June , 2010 , before me, a Notary Publ1c, personally came Gamel W. ElIIolI. to me known, and acknowledged
o - that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
E O)~ Power of Allorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
~! IN TESTIMO~Y WHE~~~19F It, fu,~,h~.~unto S.Ub, S,cribed my name a,' rldaffixed my notarial seal at p,lymollth,M,eetin. g, Pennsylvania, on the day and year
.- ,. first above wntten ,CAY' ''"'',-!~ ~/"'\. "',,' "...." ,',',',' ,-',,' ,',.' ',"," "." , " ,
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,t\'l I: ' , : !t.lf.(t .(.:\ -:' '\, ::, ' COMMor'''W~,ALn; .;:JF'PENNSYLVA, Mr., , ',',',~' ',." ',.. .. :,g' :::' , ' " ", "
~ ~/{-..lc.; "OF";:f:>'\' TOre:lO:'::t::rtPlroIIC<1 ',,'," '(/j." " //-I-:tj
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Z " '\ \""."t:!J I: !.t! COrmn..- -lPl"'" .."""" _8, 2!l1~ 't "T erasa f'astella, Notary Publlc
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CERTlF.ICATE '~~~ ~~v'u" , '. "".',," '" ',>.... "," ,,',",," .. '..,""", '., ".,"" " ",."
I, the undersigned, Assistant ecretary"6U:'iberty Mutual Insurance Company,_ do hereby certify lhat"V1e original power of attomey of which the foregoing
is a full, true and correct copy, is in flJUfon::e and effect onthedatS . of.this , certificate; and I do further,certlfy,',that lf1eofficer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the presidenrtoappolnt attorneys-In-fact as provided In Article,
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. ' ," , ' ,
, ,
, "
,ARTICLE XllI- Execution of Contracts: Section 5. Surety Bcinds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
, ," chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary 10 act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
'attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
,signature and execution of any such Instruments and 10 attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and ,attested by the secretary. ' '"',,",',,
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ByC2---5tf- &/-' ~,
Gamet W. Elliott, Assistant Secretary
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Pursuant to Article Xlll, Section 5 of the By-laws, Gamet W. Ellioll, Assistant Secretary of Liberty Mutual Insurance Company, Is hereby
, authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
, deliver as surety any and all undertakings, bcmds, recognizances and othersuretyobligalions. "', ,"
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeling, Pennsylvania this 9th day of June " ,
2010 " ,
,LIBERTY MUTUAL INSURANCE COMPANY
This certificate and the above power of attorney may be, signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual insurance Company at a meeting dulycaUed and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any aSsistant secretary of the company, wherever appearing upon a
certified copy of any power of allomey issued by the company in connection with surety bonds, shall be vand and binding upon the company
with the same force and ~ffElct as though manually affixed. ., ," ,
l 0 -r:h. ,
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this
. S"~', _N . .G~~<Z::~=~
day of
E-Veri~
Empfoymenf EHgibiHty Verification
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Company Name:
DeAngelis Diamond Construction, Inc,
I,., View I Edit
Company ID Number:
Doing Business As (DBA)
Name:
DUNS Number:
121680
Physical Location:
Address 1:
Address 2:
City:
State:
Zip Code:
County:
Mailing Address:
Address 1:
Address 2:
City:
State:
Zip Code:
6635 Willow Park Drive
Naples
Fl
34109
COLLIER
Additional Information:
Employer Identification Number: 650634426
Total Number of Employees: 20 to 99
Parent Organization:
Administrator:
Organization Designation:
Employer Category:
NAICS Code: 236 - CONSTRUCTION OF BUilDINGS VieW/Edit
Total Hiring Sites:
ViewlEdit
Total Points of Contact:
\fiew {Edit
Accessibility Download Viewers
U,S, Department of Homeland Security - www,dhs,gov U,S, Citizenship and Immigration Services, www,uscis,gov
Colr~ County
Email:scottjohnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
Administrative Services Division
Purchasing
ADDENDUM1
Memorandum
Date:
June 8, 2011
From:
Scott Johnson
To:
Interested Bidders
Subject:
Addendum #1
Solicitation # and Title11-5706 Bluebill Ave Beach Access Turnaround & Bathroom
The following clarifications are issued as an addendum identifying the following change (s)
for the referenced solicitation:
New bid opening date June 16, 2011 @ 2:30pm
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
c: Clint Perryman
fthis, Addendum with your submittal for theab()ve referenced,
. . . . .' ..". . . . .
June 16, 2011
'" Date
DeAngelis Diamond Construction, Inc. ,
(Name of Firm)
AddendumTemplate
Revised: 4/15/10
1
Co~ County
Email: scottjohnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
Administrative Services Division
Purchasing
ADDENDUM2
Memorandum
Date:
June 8, 2011
From:
Scott Johnson
To:
Interested Bidders
Subject:
Addendum #2
Solicitation # and Title11-5706 Bluebill Ave Beach Access Turnaround & Bathroom
The following clarifications are issued as an addendumidentifying the following change (5)
for the referenced solicitation:
1. Public Notice
Revise time of completion to 120 calendar days,
2. Exhibit J. Technical Specification
Revise Paragraph No. 1
All roadway materials and work shall be supplied and completed in accordance with FOOT
"Standard Specification for Road and Bridge Construction" dated 2010 as revised to date and
with FOOT "Design Standards" dated 2010 as revised to date.
Revise Paragraph No.5
Contractor shall be responsible for the cost of all backfill, compaction and asphalt testing
required. All testing shall be in accordance with FOOT, CollierCounty and Permit requirements.
Copies of all reports shall be provided to the Architect and Engineer.
Revise Paragraph No. 7
Contractor shall be responsible for the development of a Stormwater Pollution Plan and obtain
the FOEP/NPOES Stormwater Pollution Permit. This plan should include the protection of
catch basins, curb inlets, adjacent areas (upland and wetland) and canals. Contractor should
utilize silt fences, catch basin inlet devices, etc. as required. Contractor shall be responsible for
maintenance of all Stormwater protection throughout construction and its subsequent removal.
Addendum Template
Revised: 4/15/10
1
Add to Paragraph 8
All MOT shall be in accordance with FOOT, County and Right-of-Way permit requirements.
Revise Paragraph 10
The substantial completion time shall be 90 consecutive calendar days and Final Completion
shall be 120 consecutive calendar days.
Add New Paragraph 12
All water and sanitary sewer construction shall be supplied and completed in accordance with
the Collier County Water-Sewer District, Utilities Standards Manual dated September 2009 and
revised to date.
Add New Paragraph 13
A pre-construction video along with still photographs as needed to supplement shall be taken
with 2 copies provided to the County. A written log shall also be provided.
Add New Paragraph 14
The Contractor shall be responsible for obtaining and maintaining equipment and material and
material storage yards beyond that required at the site. The existing parking areas shall not be
closed for public use until work begins at the site. The on-site storage area shall be fenced and
include fabric screens or vinyl slats. This area shall be locked when not in use. The area shall
be maintained in a clean and orderly manner. All work areas shall be maintained in a safe and
clean manner. This shall include but not be limited to daily sweeping of walkways and
pavement areas.
Add New Paragraph 15
Contractor shall maintain access to the existing beach walkover throughout construction. This
area shall be delineated with construction fencing.
Add New Paragraph 16
Contractor shall diligently work on the project without interruption. This project has a high
profile within the community and county. A minimum of one crew shall be utilized on the
project from initiation until its completion.
Add New Paragraph 17
The Contractor shall prepare a Safety/Risk Management Program. This program shall include
planning for Tropical Storms and Hurricanes.
3. Exhibit K. Permits
The Collier County Right-of-Way permit has been obtained by the Owner, but shall be
transferred to the Contractor prior to construction.
The Contractor will be responsible for obtaining the NPDES/FDEP Generic Stormwater
Pollution Permit.
4. Exhibit L. Standard Details
Dwa, No.
Description
Civil Enaineerinq
1. COVER SHEET AND INDEX OF DRAWINGS
2. AERIAL PHOTOGRAPH
3. EXISTING CONDITIONS AND DEMOLITION PLAN
4. OVERALL SITE PLAN
5. SITE PLAN
6. UTILITY PLAN
7. GRADING, PAVING, DRAINAGE PLAN
8. SEWER PLAN AND PROFILE
9. GRADING, PAVING, DRAINAGE DETAILS
10. WATER AND SEWER DETAILS
11. EROSION CONTROL PLAN AND DETAILS
12. MAINTENANCE OF TRAFFIC PLAN
Landscape Desian
L 1 COVER SHEET AND INDEX OF DRAWINGS
L2 LANDSCAPE DETAILS, NOTES AND SPECIFICATIONS
L3 HARDSCAPE DETAILS, NOTES AND SPECIFICATIONS
L4 HARDSCAPE DETAILS, NOTES AND SPECIFICATIONS
Structural Enaineerina
S-0.1 STRUCTURAL NOTES
S-1.1 ALT, BID, FOUNDATION PLAN
S-2.1 PILING FOUNDATION PLAN
5. Plans, Sheet No.1
Please note that the Structural Engineering Plans (S-O.1, S-1.1 and S-2.1) are prepared by
Liebl & Barrow. These plans are not a work product of Q, Grady Minor & Associates, P.A.
6. Plans
Sheets 1-12 and L 1-L4 are reissued for bidding. The following is a brief summary of plan
revisions. The bidders shall thoroughly review all plans and become familiar with all
requirements.
. Sheet No.3 - Ad9itional clarification provided concerning demolition required for water
and sanitary sewer construction,
. Sheet No. 4 - Additional clarification provided concerning pavement and pavement
restoration. At this time it is not known if the proposed 4' vinyl fence will be constructed.
A bid item has been included for its construction. The material and construction shall
be in accordance with the StandardCounty requirements.
· Sheet No. 5 - Additional clarification provided concerning pavement, pavement
restoration, signing and striping, Adjustment is made of proposed bike racks. A
concrete slab in to be provided at the bike racks and the benches. The 10'X20'X4"
concrete slab is to be bid as an Alternate.
· Sheet No. 6 - The proposed 8" sanitary sewer has been adjusted to assist in
Maintenance of Traffic during construction. Conduit locations for irrigation and the
future electronic information board has been identified, The stub-out location of the
electrical conduits at the future building shall be field coordinated with the architectural
plans as they become available,
· Sheet No. 7 - Additional clarification has been provided on the pavement and pavement
restoration. Revisions and additions have been made in regards to grading of the site.
· Sheet No. 8 - Additional clarification has been provided on the pavements and
pavement restoration. An adjustment to the sanitary sewer has been made to assist in
maintenance of traffic. The profile has also been adjusted to increase separation
distance with the water main. An alternate unit price has been provided if necessary to
make an adjustment to the existing 12" water main. This unit price should include all
work including coordination with Collier County Utilities, notification to residents, etc. It
should also assume that the work will be completed at night and require night lighting.
· Sheet No.9 - Additional clarification has been provided at Section A and a new Section
B is provided. The Pavement/Sidewalk Detail has been eliminated. Clarification has
been provided for adding a concrete subgrade wall at the brick paver/grass interface.
Note the plans also required a concrete flat curb at the paver/asphalt interface.
Modification has also been made to the Drainage Structure Details.
· Sheet No. 10 - Detail for trench restoration at paved areas has been revised, Flowable
fill shall be utilized at existing pavement area to expedite construction.
. Sheet No. 11 - Additional clarification and silt fence has been added.
. Sheet No. 12 - The contractor shall ultimately be responsible for developing a
Maintenance of Traffic Plan for the overall project. This shall include Maintenance of
Traffic to the park entry and also the beach walkover. An adjustment has been made
on the plan for the sanitary sewer construction on Gulfshore Blvd. The length of the
lane closure on Gulfshore Blvd. shall be minimized during construction.
. Sheet L-1 - Previously discussed changes in the bike racks and benches is identified.
Note that no landscape work shall be complete west of the Coastal Construction Zone.
· Sheet L-3 - The proposed shower unit has been changed. Additional clarification is
provided in regards to the bike racks and benches. Cross section detail modified.
· Sheet L-4 - No irrigation work is to be complete west of the Coastal Construction Zone.
The provided main and irrigation system shall be capped and marked for future
extension.
7. Bid Form/Schedule
The Bid Form/Schedule has been revised,
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
c: Clint Perryman
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CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with DeAngelis Diamond Construction, Inc.
("Contractor") of Naples, a Florida Corporation, authorized to do business in the State of
Florida, to perform all work ("Work") in connection with Bluebill Ave Beach Access
Turnaround & Bathroom, Bid No. 11-5706("Project"), as said Work is set forth in the
Plans and Specifications prepared by Q. Grady Minor & Victor J. Latvish, the Engineer
and/or Architect of Record ("Design Professional") and other Contract Documents
hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: Four hundred twenty-two Thousand eight
hundred ninety dollars and no cents $422,890.00
Gc-cA-1
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S, shall govern the rating and
classification of the surety.
B, If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liauidated DamaQes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within one hundred fifty (150)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within thirty (30) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
Gc-cA-2
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, three hundred fifty-
five dollars and ten cents ($355.10) for each calendar day thereafter until Substantial
Completion is achieved. Further, in the event Substantial Completion is reached, but
the Contractor fails to reach Final Completion within the required time period, Owner
shall also be entitled to assess and Contractor shall be liable for all actual damages
incurred by Owner as a result of Contractor failing to timely achieve Final Completion.
The Project shall be deemed to be substantially completed on the date the Project
Manager (or at his/her direction, the Design Professional) issues a Certificate of
Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
Gc-cA-3
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Section 7. Notices
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Tech n ical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Q. Grady Minor &
Victor J, Latavish and identified as follows: Bluebill Ave
Beach Access Turnaround & Bathroom as shown on Plan
Sheets 1 through 19.
Contractor's List of Key Personnel
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Gc-cA-4
Clinton Perryman
Collier County Coastal Zone Management Department
3299 Tamiami Trail East; Suite 103
Naples, FL 34112
Tel: 239/252-4245
Fax: 239/252-6531
Email:ClintionPerryman@colliergov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
DeAngelis Diamond Construction, Inc.
Attn: Norman Gentry, Vice President
6635 Willow Park Drive
Naples, FL 34109
Tel: 239/594-1994
Fax: 239/594-1995
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Gc-cA-5
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time 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 Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severabilitv.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Gc-cA-6
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
Gc-cA-7
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
vJ~11;,t l,-L.-l~
Type/Print Name
'...,....,.,'.,.'...',.,.,.,.,.".,.~"..',11,.
. ..t; . . .
.t~~j..'i:~:..v7">
Approved As 'To Form
a~7lffi7(J~L
Print Name: R~OTT R. TEACH
~t County Attorney
DEPUTY
CONTRACTOR:
DeAngelis Diamond Con
By: //
D/10't1( PI" "hnCJNO ?RIi"9a;pf-
Type/Print Name and Title
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
'1u;..W. ~
Fred W. Coyle, Chairman
BY:
GC-CA-8
EXHIBIT A
PUBLIC PERFORMANCE BONO
Bluebill Ave Beach Access Turnaround & Bathroom
Bond No. 964009313
Contract No. 11-5706
KNOW ALL MEN BY THESE PRESENTS: That OeApg<:lis Diamond
Construction, Tne , as Principal, and Liberty Mutual
Insuranc~ CQl)lpany as Surety ,
175 !}j;lrkely Road, Boston, M A 07116
(Business Address) are held and firmly bound to
Collier County Board of County Commissioners , as Obligee in the sum of
Four hundred twenty two thousl!nd. eight bundred ninety dollars ----______________
($ 422,8<,)0,00 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the '21&+'-'\
Collier co~t~luebillAve., beach access tumarou~d & b~~~o~m. COI:~hbid no.~~~~~~~
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.
located
at
day of
for
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, I 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.
GG-CA-A-4
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond,
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this ~::HJ1t\\
day of j~\~ ' 2011, the name of each party being affixed and these
presents duly signe':i by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in e presence of;
'/\ /\~'
PRINCIPAL
B
-
~
NAME:
ITS:
STATE OF
COUNTY OF
f I o111:tA..
eo) hOt'
The foregoing instrument was acknowledged before me this .::JJtL~ day of
.Ju.\'(, ' 2011, by DC-4..Y'ct~\,-1..M.C~ . ' as
?les\~ of :>Aree~;;. \(;l.~ ~1YVc;ttf.l1~~ a
corporation, on behalf of the corporation. ,~/she is
personally known to me OR has produced
. as identification and did (did not) tak,e an oath,
My Commission Expires; lYV1Lt '1 2.0\$" ~S t;:'
- '-J I' (Signature)
Name: S"Y;C\VI $;. t<0..rtsevt
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: Flui\dj:;.....
Commission No.: r:e 0'11"'1-1 '6
SUSAN 8.1WlLSEN
MY COMMISSION' EE 091718
EXPIRES: May 9, 2015
Bonded TIru NollIy PIibIIc UnderwttIra
GC-CA-A-5
ATTEST:
SURETY:
Liberty Mutual1nsyraoce Company
(Printed Name)
175 Berkley Road
Boston, MA 02116
- ---,
"~~
/ · s as to Surety
~~!l~
/~
/--- (Authorized Signature)
ht.v.4 't>.a Wl(f'Y\Cl) }?ZeS ,
(Printed Name)
OR
!!111 ~~
As Attorney in Fact
(Attach Power of Attorney)
c> ~',
~""t.. ~ J\ 6<-~" . k1-t,L
Witnesses
Mattbew D. Bevins
(Printed Name)
1615 SE 47th Terrace
Cape Coral, FL 33904
(Business Address)
(?1Q)"i4?-1 ~11
(Telephone Number)
STATE OF Florida
COUNTY OF Lee
The foregoing instrument was acknowledged before me this ~(e,~ day of
J~. 2011. by Matthew D. Bevins. , as President
of D~ , a Surety. on
~half of surety. He/She is p.ersonaUy known to me OR has produced
personally known as Jdentifi.caf n d w . ( t) take an oath.
Commission Expires:
GC-CA-A-6
EXHIBIT A
PUBLIC PAYMENT BOND
Bluebill Ave Beach Access Turnaround & B.athroom
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes p.ayment 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 noncompli,ance 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 tiled by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this "J,G:;t+,
day of J i:A. ~ 2011, the name of each party being affixed and these presents
dUly signed by i..,. under-signed representative, pursuant to authority of its governIng
body.
GC-CA-A-1
Signed, sealed and delivered
in the presence of:
PRINCIPAL
STAn: OF -F 10 '1'\41\
COUNTY OF Cd il fV-
The roregofn~ instrument was acknowledged before me this _q~~ay of ~J Lt I~_
2CU.L by lx\.Vld 1),o.-~ I as pre:S\deA'L-t of
b?Aw~~u:; \)\(:uw'lIICl(Mrtv\,(~~~ a ... corporation. on, behalf of the
corpdtation. HeJshe is p,ersonallv known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires: fv\Cl.LJ l\ I 2.0 I S
" ..~.. SUSAN S. KAflSEN
" l"1Jj'.. MY COMMISSION # EE 091718
EXPIRES: May 9. 2015
Bonded Thru NolBIy PublIc UndeIwrilers
NAME:
~~lZ
19nature of Notary)
SU~U'\, ~. ko.-r lsPY\
(Legibly Printed)
-
(AFFIX OFFICIAL SEAL)
Notary Public, State of :r-l bV\(tc.-
Commission No.: 1::E:CJl) III ~
ATTEST:
SURETY:
Liberty Mutual Insurance Company
(Printed Name)
175 Berkel}:' Road
BostQU. Ml\ Q2116
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
SAi)aJJ~j O<l-
OR
t/1It rr ~
As Attorney in Fact
(Attach Power of Attorney)
c-'''' "'"'?:> /-
:~(:'"t /I1_("(\"0 1:;'~(1, I\J ( (
Witnesses
Matthew D. Bevins
(Printed Name)
1615 SE 47th Terrace
Cape Coral. FL 33904
(Business Address)
(239) 542-1533
(Telephone Number)
STATE OF Florida
COUNTY OF I.ee
The foregoing
_\cd~
President
Surety. on behalf of Surety.
personally kl)('lwn
take an oath.
instrument was acknowledged before me
. 2011, by Mlltthew D. Bevins
of Dawson of Florida. LLC
HelShe is personally known to me OR has produced
as Identification d who 'd(did not)
this ~~ day of
t as
My- Commission Expires:
"~~~~'',:;:~'" HEATHER l. cox
l~m.<-c% Notary Public. State of Florid.
:. *. .
i. ..~ My Comm, Expires Oct 25.2014
~~... ..",,~1 Commission /I EE 14539
',,~ OF f\.O\'
-....,u... Bonded ThrOll8h National NoIIrr Aull.
Name: /
(Lgibly Printed)
Noll!lry Public, s~ .~
Commission No: 1'16::57
This bond has been furnished to comply with the requirements
of Section 255.05, 713,23 or 713.245, Florida Statutes,
whichever is applicable, It is hereby amended such that all
provisions and limitations, including conditions. notice and time
limitations of the applicable stat-ute 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 requirements of the applicable statute shall be
deemed deleted herefrom. This bond is a statutory bond, not a
common law bond.
GC-CA-A-3
~ libertY.
'1' Mutual.
LffiERTY MUTUAL INSURANCE COMPANY
FINANCIAL STATEMENT-DECEMBER 31, 2010
Assets
Cash and Bank Deposits ......................................... $ 795,278,733
.Bonds - U.S Government...................................... 928,976,332
*Other Bonds ............................................................ 12,269,586,768
.Stocks...................................................................... 8,410,330,089
Real Estate .............................................................. 280,897,925
Agents' Balances or Uncollected Premiums ........... 2,971,477,549
Accrued Interest and Rents ..................................... 156,129,412
Other Admitted Assets ............................................ 10.888.871.535
Total Admitted Assets .....................................$36.701.54R 343
Liabilities
Unearned Premiums ............................................... $3,502,531,059
Reserve for Claims and Claims Expense................ 15,450,806,243
Funds Held Under Reinsurance Treaties ................ 1,764,193,716
Reserve for Dividends to Policyholders ................. 4,776,435
Additional Statutory Reserve ................................. 89,441,297
Reserve for Commissions, Taxes and
Other Liabilities..............................................., 2.126.508.564
T otal............................................................. $22,938,257,314
Special Surplus Funds ................. $1,218,426,655
Capital Stock ............................... 10,000,000
Paid in Surplus ............................ 7,731,965,815
Unassigned Surplus..................... 4,802,898,559
Surplus to Policyholders............................... 13.763.291.029
Total Liabilities and Surplus................................ $36.701.54R 343
· Bonds are stated at amortized or investment value; Stocks at Association Market Values.
The foregoing financial information is taken from Liberty Mutual Insurance Company's financial
statement filed with the state of Massachusetts Department of Insurance.
I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2010, to the best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 29th day of
March, 2011.
S.1262LMICla 2/11
Assistant Secretary
2942336
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual InSurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
MATTHEW D. BEVINS, [).MICHAELSHERMAN. JPSEPHC. BRICKNER, STEVENP.BUELTER, ERIN MCELROY, ALL
OF THE CITY OF CAPE CORAL, STATE OF FLOf3IDA....................................................................................................
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, each individually if there be more than onenarned, its Uuea,nd lawful attorney-in-facttoma,ke, eXecl.Jte, seal, acknowll:)dge and deliver, for and on its
behalf a.S surety and as its act and, ",."dee"d, anv,."",', ',an,' d all un,',d"e,',rta, "",kinas, bonds, recoo"""",h, iZ, ance,s, and oth,e, r,su, ,r, ety obligatio,n"S"i,n"., the Denal s.um not exceeding
SEVENTY FIVE MILLION AND OOI100**********************"***************"OOLl.AR$ ($ 75,000,000.00*************'******** ) each, and the
execution of such undertakings, bonds, r8Cpgnizancesanctother surety obligations, in pursuance of these presents,>shall be as binding upon the
Company as if they had been duly signed by the president and~ttested by thE) secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authorityofthefoHowing By-laW and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5, Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the preSident, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company, When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary,
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W, Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 9th day of June ,
2010
LIBERTY MUTUAL INSURANCE COMPANY
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COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
ByC2--4 ~- .a:?~
Garnet W, Elliott, Assistant Secretary
On this..ill1l.- day of June , 2010 , before me, a Notary Public, personally came Garnet W, Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WH
first above written,
unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
By ~ Ittztk
Teresa Pastella, Notary Public
CERTIFICATE
I, the undersigned, AssiSta retaryofLiberty Mutual Insurance Company, do herebycMify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in ful/f(:>rce and effect on thedateo(Jhiscertificate; and I do fu rther certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorizedbyJhe chairman oUhe president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company,
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this
day of
EXHIBIT B
INSURANCE REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly
authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall
procure and maintain property insurance upon the entire project, if required, to the full insurable value of the
scope of work,
The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design
Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property
insurance provided herein, except such rights as they may have to the proceeds of such insurance, The
Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate
Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in
their contracts,
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on
behalf of Collier County,"
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier
County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain
a severability of interests provisions,
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents, If
Vendor has any self-insured retentions or deductibles under any of the below listed minimum required
coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured
retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations, All
self-insured retentions or deductibles will be Vendor's sole responsibility,
Coverage~ shall be maintained without interruption from the date of commencement of the Work until the
date of completion and acceptance of the scope of work by the County or as specified in this solicitation..
whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor, The Vendor shall also notify the
County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation,
non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing
contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the
aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have
the aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage~ required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage~ and charge
the Vendor for such coverage~ purchased, If Vendor fails to reimburse the County for such costs within thirty
(30) days after demand, the County has the right to offset these costs from any amount due Vendor under this
Gc-cA-c-1
~
OP 10: MN
ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYV)
\.....,......-- 08108111
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsementls).
PRODUCER 239-261-6116 CONTACT
NAME:
Dawson of Florida; Naples 239-261-2803 rllgNio Edl: I OO~ Nol:
6609 Willow Park Drive
Naples, FL 34109 =SS:
Steven C. Bueltel ~~~f~~: ID II: DEANG-4
INSURER/S) AFFORDING COVERAGE NAIe #
INSURED DeAngelis Diamond Construction INSURER A: Cincinnati Insurance Company 10677
6635 Willow Park Drive INSURER B : Bridgefield Emplovers 10701
Naples, FL 34109 INSURER c: The North River Ins. Co. 21105
INSURER D : American Safety Casualty Ins
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER'
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ~~,; :;;UBR POUCY EFF ~~I LIMITS
LTR \lAin POUCY NUMBER
GENERAL LlABIUTY EACH OCCURRENCE $ 1,OOO,OO~
- 01/01/11 01/01/12 ~~~~~~S lEa occurrence! 150,000
A X COMMERCIAL GENERAL LIABILITY X CPP0891579 $
- :=J CLAIMS-MADE 00 OCCUR 10,00{
MED EXP (Anyone person) $
- 1,OOO,OO(
PERSONAL & ADV INJURY $
- 2,OOO,OO(
GENERAL AGGREGATE $
- 2,OOO,OO(
~'L AGG~rilE LIMIT APAS PER: PRODUCTS.COM~OPAGG $
POLICY X ~~R; LOC Emp Ben. $ 100/30(
AUTOMOBILE LlABlUTY COMBINED SINGLE LIMIT $ 1,OOO,OO(]
f-- (Ea accident)
A ~ ANY AUTO CAA5878840 01/01/11 01/01/12 BODILY INJURY (Per person) $
I-- ALL OWNED AUTOS BODILY INJURY (Per accident) $
f-- SCHEOULED AUTOS PROPERTY DAMAGE
$
HIREO AUTOS (Per accident)
f-- $
NON..QWNED AUTOS
I-- $
UMBRELLA LlAB ~ OCCUR EACH OCCURRENCE $ 10,OOO,OO(]
-
EXCESS LlAB CLAIMS-MADE 01/01/11 01/01/12 AGGREGATE $
C 5520149694
DEDUCTIBLE $
-
X RETENTION $ 0 $
WORKERS COMPENSATION X IT~g~T~'r.:1 I OJ:
AND EMPLOYERS' LlABlUTY Y/N 01/01/11 01/01/12 1,000,00(
B ANY PROPRIETORlPARTNERlEXECUTlVE 0 83031088 E.L. EACH ACCIDENT $
OFFICERIMEMBER EXCLUOEO? N/A 1,OOO,OO(
(Mandatory In NH) E.L, DISEASE. EA EMPLOYEE $
If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,OOO,OO(]
DESCRIPTION OF OPERATIONS below
D Pollution CPL027297-10-01 11/03/10 01/01/12 CPL 2,000,ooli
DESCRIPTION OF OPERATIONS I LOCA noNS I VEHICLES (Attach ACORD 101, Addlllonal Remarlcs Schedule, If more spice is required)
Collier County Board of County Commissioners is listed as additional insured
with re.9ard to General Liability for any and all work perforemed on behalf
of Collier County.
CERTIFICATE HOLDER
CANCELLATION
COLLl25
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CoJller County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Commisioners
3301 Tamiami Tr E AUTHORIZED REPRESENTATIVE
Naples, FL 34112 ~ ~
I
ACORD 25 (2009/09)
@1988-2009ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
~ NOTEPAD INSURED'S NAME DeAngelis Diamond Construction
~Qf tile above SUbject to tenns, conditions and
iexclusions of the policy.
DEANG-4
OP 10: MN
PAGE 2
DATE 08108111
1, Worker's
Compensation
2, ~ Employer's Liability
3, ~ Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
4. ~ Indemnification
4, ~ Automobile Liability
Collier County Florida
Insurance and Bonding Requirements
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
$1,000,000 single limit per occurrence
Bodily Injury and Property Damage
$1,000,000 single limit per occurrence
To the maximum extent permitted by Florida law, the
contractorNendor/consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, -or
intentionally wrongful conduct of the contractorNendor/consultant or anyone
employed or utilized by the contractorNendor/consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph,
This section does not pertain to any incident arising from the sole negligence
of Collier County,
$ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5, D Other insurance as D Watercraft
noted:
$
Per Occurrence
D United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work,
$ Per Occurrence
D Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work,
$
Per Occurrence
D Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
D Pollution
$
$
Per Occurrence
Per Occurrence
D Professional Liability $
· $ 500,000 each claim and in the aggregate
· $1,000,000 each claim and in the aggregate
· $2,000,000 each claim and in the aggregate
Per Occurrence
D Project Professional Liability
D Valuable Papers Insurance
$
$
Per Occurrence
Per Occurrence
Gc-cA-c-3
6, r8J Bid bond
Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation,
7, r8J Performance and
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the
executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A-" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by AM, Best Company, Inc, of 75 Fulton Street, New York, New
York 10038,
8. rgj Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the required
insurance provisions,
9. rgj Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required,
10, rgj The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County
11, rgj Thirty (30) Days Cancellation Notice required,
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm
Date
Vendor Signature
Print Name
Insurance Agency
Agent Name
Telephone Number
Gc-cA-c-4
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2011 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No,
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,2011, by
, as of , a
corporation, on behalf of the corporation, He/she is personally known to me or has produced
as identification and did (did not) take an oath,
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Gc-cA-c-5
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No,
Project No,
Application Date
FROM:
(Contractor's Representative) Payment Application No,
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total Earned Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
Gc-cA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No,:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount", '.......................""...""""",. ......... ,...$
Sum of previous Change Orders Amount ......................................,$
This Change Order Amount ........,........................................,..,...... $
Revised Agreement Amount........................................................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
Gc-cA-E-5
Authorized by
Director
(For use by Owner: Fund
Numbe~ )
Cost Center:
Date:
Object Code:
Gc-CA-E-6
Project
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
Design Professional's Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
GC-CA-F-1
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2011
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2011
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2011
OWNER
By:
Type Name and Title
GC-CA-F-2
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2011
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledg ments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
GC-CA-G-1
By Design
Professional:
By Owner:
GC-CA-G-2
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
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
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
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 Saturday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
GC-CA-H-3
4.3 Contractor shall submit all Applications for Payment to Engineer's Name,
Engineer's Firm, located at Engineer's Address.
4.4 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.5 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.
4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
GC-CA-H-4
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not
limited to taxes or other fees) to Collier County and the contractor has not satisfied nor
made arrangement to satisfy these debts, the County reserves the right to off-set the
amount owed to the County by applying the amount owed to the vendor or contractor for
services performed of for materials delivered in association with a contract.
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.
GC-CA-H-6
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
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.
GC-CA-H-7
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
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;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
GC-CA-H-8
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
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
GC-CA-H-9
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
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
GC-CA-H-10
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item. No markup shall be placed on sales tax, shipping or subcontractor
markup.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
GC-CA-H-11
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
GC-CA-H-12
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
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 sea. and regulations relating thereto, as either may be amended.
GC-CA-H-13
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws
of the United States and to employ only individuals who are eligible to work in the
United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA),
provides an Internet-based means of verifying employment eligibility of workers in the
United States; it is not a substitute for any other employment eligibility verification
requirements. The program will be used for Collier County formal Invitations to Bid
(ITB) and Request for Proposals (RFP) including professional services and construction
services.
Exceptions to the program:
· Commodity based procurement where no services are provided.
· Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors I Bidders are required to enroll in the E-Verify program, and provide acceptable
evidence of their enrollment, at the time of the submission of the vendor's/bidder's
proposal. Acceptable evidence consists of a copy of the properly completed E-Verify
Company Profile page or a copy of the fully executed E-Verify Memorandum of
Understanding for the company. Vendors are also required to provide the Collier
County Purchasing Department an executed affidavit certifying they shall comply with
the E-Verify Program. The affidavit is attached to the solicitation documents. If the
BidderNendor does not comply with providina both the acceptable E-Verify
evidence and the executed affidavit the bidder's I vendor's proposal may be
deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system
for all purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-
Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the
vendor's responsibility to familiarize themselves with all rules and regulations governing
this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an
award shall be fully responsible for complying with the provisions of the Immigration
Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended and with the provisions contained within this
affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or
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the provisions of this affidavit shall constitute a breach of the award agreement and the
County shall have the discretion to unilaterally terminate said agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
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part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
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
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settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
GC-CA-H-17
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
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materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
GC-CA-H-19
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
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23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
GC-CA-H-21
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
GC-CA-H-22
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
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
GC-CA-H-23
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective
Device Coordination and Arc Flash Studies where relevant as determined by the
engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash
boundary and PPE Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
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
GC-CA-H-24
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (OS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
GC-CA-H-25
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
GC-CA-H-26
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
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
GC-CA-H-27
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner, Collier County Government, will
be an additional insured on all liability insurance policies required to be provided by the
Subcontractor except workman's compensation and business automobile policies, (5)
assign all warranties directly to Owner, and (6) identify Owner as an intended third-party
beneficiary of the subcontract or purchase order. Contractor shall make available to
each proposed Subcontractor, prior to the execution of the subcontract, copies of the
Contract Documents to which the Subcontractor will be bound. Each Subcontractor
shall similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless 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.
GC-CA-H-28
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34. 1 .4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34. 1 . 12
34.1.13
34.1.14
34. 1 . 15
34.1.16
34.1.17
34. 1 . 18
34. 1 . 19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
GC-CA-H-29
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, Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department for all
employees that shall provide services to the County under this Agreement. This may
include, but not be limited to, checking federal, state and local law enforcement records,
including a state and FBI fingerprint check, credit reports, education, residence and
employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37 . VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development.
A "project" shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUNrnUNDERGROUNDTANKS
An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762,
F.A.C. regulated tank requires notification to the 'County' prior to installation or closure
of the tank. The Pollution Control Department (239-252-2502), via contract GC-690
GC-CA-H-30
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty-eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty-eight (48) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation/closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor/project manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762,
F.A.C. or you may contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
40. DISPUTE RESOLUTION
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. The negotiation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who
would make the presentation of any settlement reached during negotiations to OWNER
for approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of this Agreement, the parties shall attempt to
resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who
would make the presentation of any settlement reached at mediation to OWNER'S
board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under Section
44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
GC-CA-H-31
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
GC-CA-H-32
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
1. The County may, at its discretion, use VISA/MASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract.
GC-CA-I-1
J
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL A VENUE BEACH TURNAROUND
NAPLES, FLORIDA
TABLE OF CONTENTS
00100 1-1
00800 1-3
00900 1-2
01015 1-1
01040 1-3
01050 1-3
01200 1-3
01270 1-3
01300 1-7
01400 1-4
01420 1-3
01500 1-5
01600 1-4
01720 1-6
APPENDICES
APPENDIX A
APPENDIX B
EXHIBITS
EXHIBIT J
EXHIBIT K
EXHffiIT L
SUMMARY
SUPPLEMENTARY CONDITIONS
SUBCONTRACTOR LISTING
PERMITS, LICENCES, CODES. AND FEES
COORDINATION
FIELD ENGINEERING
PROJECT MEETINGS
MEASUREMENTS AND PAYMENT
SUBMITTALS
QUALITY CONTROL
REFERENCES
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
SUBSTITUTIONS
PROJECT RECORD DOCUMENTS
GEOTECHNICAL REPORT
ALTERNATE BID PRE-STRESSED CONCRETE PILES
TECHNICAL SPECIFICATIONS
PERMITS
STANDARD DETAILS
NOTICE: BIDDERS INCLUDING GENERAL CONTRACTORS, SUBCONTRACTORS,
AND SUPPLIERS SHALL OBTAIN AND REVIEW A COMPLETE SET OF CONTRACT
DOCUMENTS INCLUDING PROJECT MANUAL. SPECIFICATIONS, DRAWINGS, AND
ADDENDA PRIOR TO SUBMIITING BIDS.
TABLE OF CONTENTS
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL A VENUE BEACH TURNAROUND
NAPLES, FLORIDA
SECTION 00100 - SUMMARY
BLUEBILL AVENUE BEACH TURNAROUND
Base Bid:
The proposed Project shall consist of the construction ofa turnaround area,
removal and reconstruction of sidewalks, paver beach access and utility work.
The project shall include but not be limited to the following items: Grubbing
and grading of the turnaround site; Construction of the stonnwater
management pipes and inlets; Construction of asphalt turnaround;
Construction of concrete and paver sidewalks; installation of sewer system,
water service; landscaping; and Other miscellaneous work. This base bid is a
lump sum bid.
Alternate Bid:
Provide concrete pilings for future restroom facility, including piling layout,
materials, equipment, labor, pile monitoring. testing, and as-built survey.
END OF SECTION
VICTORJ. LATAVISH ARCHITECT. P.A.
Naples, Florida
SUMMARY
00100-1
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL A VENUE BEACH TURNAROUND
NAPLES, FLORIDA
SECTION 00800 - SUPPLEMENTARY CONDITIONS
A. Appendix A "Geotechnical Report" is provided for bidders convenience only, and is not
a guarantee or warranty of existing subsurface conditions.
B. Appendix B "Alternate Bid Prestresseed Concrete Piles" section is made part of these
Contract Documents
C. Bid Awards: The Owner reserves the right to reject any or all bids and to waive
formalities or irregularities in the bids.
D. Definitions: Add the following definitions for terms used in the Specifications and on the
Drawings:
1. "AHJ" refers to Authorities having jurisdiction including but not limited to the
Building Official and the Fire Official.
2. The tenns "approved," "required," and lias directed" refer to and indicate the work
or materials that may be approved, required, or directed by the Architect acting as
the agent of the Owner. "Approval" of submittals does not constitute approval of
substitutions or changes unless the proposed substitutions or changes are clearly
identified in red ink and acknowledged in writing by the Architect.
E. Schedule of Values: The Contractor shall provide a complete schedule of values listing
the value of work for each trade by specification division not less than 5 days before
anticipated date of contract execution.
F. Delays: No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner or its agents may be responsible, in whole or in part, shall relieve
Contractor of his 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 or its
agents will be the right to seek an extension to the Contract Time.
G. Building Pennit fees, Site Permit fees, Utility connection fees, and Impact fees shall be
paid by the Owner.
1. Owner has applied for applicable site permits.
2. Owner has applied for Building pennit.
3. Unless indicated otherwise, all application fonns required for the Foundation
Permit and other permits and connections shall be prepared and delivered by the
Contractor.
SUPPLEMENTARY CONDITIONS
00800-1
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL AVENUE BEACH TURNAROUND
NAPLES, FLORIDA
H. Submittals: Shop Drawings shall be provided not more than 30 days after the Owners
Notice to Proceed.
I. Change Orders: The Contractor's total markup for overhead and profit shall not exceed
10% of the actual expenses for extra materials and labor provided by the Contractor. For
extra items provided by subcontractors, the Contractors total markup for overhead and
profit may not exceed 5% of the subcontractors invoice, and the subcontractor's total
markup for overhead and profit shall not exceed 10% of actual expenses for materials and
labor. All subcontracts shall include these conditions and all Change Orders are subject
to audit by the Owner or the Owner's designated representative.
J. Non-compliant work: All costs related to non-compliant work shall be paid by the
Contractor, including but not limited to the removal of non-compliant work, bidding
expenses, related design professionals fees, and other costs related to the supervision of
corrective work.
.1. Approval by AHJ, Engineer, Contractor, or Owner does not constitute approval by
Architect.
K. Final Completion: Punchlist work shall be completed within 30 days of Substantial
Completion.
I. The Owner reserves the right to immediately commence punchlist work 31 days
after substantial completion using independent contractors, the cost of which shall
be charged to the Contractor.
L. Warranty: The Contractor shall provide the following warranties for all work:
I. One-year warranty on all work.
2. Manufacturers standard warranties.
3. Additional special warranties as specified elsewhere in the Contract Documents.
By acceptance of the sealed plans and specifications used for permits, the Contractor accepts all
tenns and conditions of the Documents including these Supplemental Conditions. In cases of
conflicting requirements, the more stringent requirement as shall apply.
END OF SECTION
VICTOR J. LATA VISH ARCHITECT, P.A.
Naples, Florida
SUPPLEMENTARY CONDITIONS
00800-2
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL A VENUE BEACH TURNAROUND
NAPLES, FLORIDA
SECTION 01015 - PERMITS, LICENSE, CODES AND FEES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and Supplementary
Conditions and other Division 1-16 Specification sections, apply to work of this section.
1.2 DESCRIPTION OF WORK
A. It is the intent of the construction documents that the completed work conform to all
applicable codes, be constrncted in accordance with any applicable permit and licensure
requirements, and that fees necessary for occupancy be completely paid.
PART 2 - PRODUCTS (not used)
PART 3 - EXECUTION
A. Contractor shall be required to schedule and coordinate for all inspections and similar
procedural items as required by the local government agencies having jurisdiction.
B. All work items shall be installed in accordance with the adopted edition of the regulations
of governing local, state, county and other applicable codes, including the utilities company
unless otherwise specified in the plans and specifications. The Contractor shall be
responsible and pay all required licenses, fees and inspections associated with his work.
The cost for such shall be included in the Contractor's bid price.
C. In the event of a conflict between permits, drawings, specifications, and codes, etc. the
Contractor shall immediately issue an RFI (Request for Information) to request a
determination from the AE. The contractor is responsible for all work necessary to comply
with the most stringent requirement.
D. It is the Contractor's responsibility to contact the applicable utility company (or
companies) to determine if any fees, charges or costs will be due the utility company, as
required by the utility company for temporary power, installations, hook-ups, etc. This fee,
charge or cost shall be included in this contractor's bid price.
E. Except for impact fees, permitting fees and utility connection fees, which are to be paid by
Owner, the Contractor shall procure and pay for all licenses, pay all charges, fees, and
taxes, and give all notices necessary and incidental to the due and lawful prosecution of the
work. All costs incurred shall be deemed as being included in the contractor's bid.
END OF SECTION 01015
PERMITS, LICENSE, CODES AND FEES
01015 - I
COLUERCOUNTY COASTAL ZONE MANAGEMENT
BLUEBILL A VENUE BEACH TURNAROUND
NAPLES, FLORIDA
SECTION 01040 - COORDINATION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and supervisory requirements necessary for
coordinating construction operations including, but not necessarily limited to, the
following:
1. General project coordination procedures.
2. Conservation.
3. Coordination Drawings.
4. Administrative and supervisory personnel.
5. Cleaning and protection.
1.3 COORDINATION
A. Coordinate construction operations included in various Sections of these Specifications to
assure efficient and orderly installation of each part of the Work. Coordinate construction
operations included under different Sections that depend on each other for proper
installation, connection, and operation.
1. Schedule construction operations in the sequence required to obtain the best results
where installation of one part of the Work depends on installation of other
components, before or after its own installation.
2. Coordinate installation of different components to assure maximum accessibility for
required maintenance, service, and repair.
3. Make provisions to accommodate items scheduled for later installation.
B. Where necessary, prepare memoranda for distribution to each party involved, outlining
special procedures required for coordination. Include such items as required notices,
reports, and attendance at meetings.
COORDINATION
01040 - I
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL AVENUE BEACH TURNAROUND
NAPLES, FLORIDA
1. Prepare similar memoranda for the Owner and separate contractors where
coordination of their work is required.
C. Administrative Procedures: Coordinate scheduling and timing of required administrative
procedures with other construction activities to avoid conflicts and assure orderly progress
of the Work. Such administrative activities include, but are not limited to, the following:
1. Preparation of schedules.
2. Installation and removal of temporary facilities.
3. Delivery and processing of submittals.
4. Progress meetings.
5. Project closeout activities.
D. Conservation: Coordinate construction operations to assure that operations are carried out
with consideration given to conservation of energy, water, and materials.
E. Quantities: The Contractor is responsible for determining the quantities of materials
required to properly complete the work.
F. Dimensions: The Contractor is responsible for coordinating and checking all dimensions
prior to start of construction.
1. Verify field measurements before commencing with work of each related trade.
2. Identify all changes and adjustments on as-built plans and record documents.
3. Minor adjustments of dimensions may be required for proper coordination of all
trades, ie. masonry openings for doors and windows.
1.4 SUBMIIT ALS
A. Coordination Drawings: Prepare coordination drawings where careful coordination is
needed for installation of products and materials fabricated by separate entities. Prepare
coordination drawings where limited space availability necessitates maximum utilization
of space for efficient installation of different components.
B. Staff Names: Not less than 15 days prior to commencement of construction operations,
submit a list of the Contractor's principal staff assignments, including the superintendent
and other persoMel in attendance at the Project Site. Identify individuals and their duties
and responsibilities. List their addresses and telephone numbers.
COORDINA nON
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PART 2 . PRODUCTS (Specified in Division 2 thru 16)
PART 3 . EXECUTION
3.1 GENERAL COORDINATION PROVISIONS
A. Inspection of Conditions: Require the Installer of each major component to inspect both
the substrate and conditions under which Work is to be performed. Do not proceed until
unsatisfactory conditions have been corrected in an acceptable manner.
B. Coordinate temporary enclosures with required inspections and tests to minimize the
necessity of uncovering completed construction for that purpose.
3.2 CLEANING AND PROTECTION
A. Clean and protect construction in progress and adjoining materials in place. during handling
and installation. Apply protective covering where required to assure protection from
damage or deterioration at Substantial Completion.
B. Clean and provide maintenance on completed construction as frequently as necessary
through the remainder of the construction period. Adjust and lubricate operable
components to assure operability without damaging effects.
C. Limiting Exposures: Supervise construction operations to assure that no part of the
construction. completed or in progress. is subject to harmful. dangerous, damaging. or
otherwise deleterious exposure during the construction period. Protect materials from
vandalism and theft.
END OF SECTION 01040
VICTORJ. LATAVISH ARCHITECT. P.A.
Naples, Florida
COORDINATION
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SECTION 0 I 050 . FIELD ENGINEERING
PART 1 . GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. General: This Section specifies administrative and procedural requirements for field.
engineering services including, but not limited to land survey work.
1.3 SUBMITI ALS
A. Certificates: Submit a certificate signed by the professional land surveyor certifying the
location and slab elevation of improvements.
B. Piling Foundation spot-survey: Submit progress surveys as required for pennit agencies.
Include slab elevations.
C. Final Property Survey: Submit 10 copies of the final property survey including all
improvements.
PART 2. PRODUCTS (Listed as submittals above)
PART 3. EXECUTION
3.1 EXAMINATION
A. Verify layout infonnation shown on the Drawings, in relation to the property survey and
existing benchmarks, before proceeding to layout the Work. Locate and protect existing
benchmarks and control points. Preserve pennanent reference points during construction.
1. Do not change or relocate benchmarks or control points without prior written
approval. Promptly report lost or destroyed reference points or requirements to
relocate reference points because of necessary changes in grades or locations.
FIELD ENGINEERING
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2. Promptly replace lost or destroyed Project control points. Base replacements on the
original survey control points.
B. Establish and maintain a minimum of2 permanent benchmarks on the site, referenced to
data established by survey control points.
1. Record benchmark locations, with horizontal and vertical data, on Project Record
Documents.
C. Existing Utilities and Equipment: The existence and location of underground and other
utilities and construction indicated as existing are not guaranteed. Before beginning
sitework, investigate and verify the existence and location of underground utilities and
other construction.
1. Within 5 days of award of contract and prior to any construction, call "No Cuts" or
successor firm to determine location of buried utilities.
2. Prior to construction, verify the location and invert elevation at points of cOMection
of sanitary sewer, storm sewer, and water-service piping.
3.2 PERFORMANCE
A. Work from lines and levels established by the property survey. Establish benchmarks and
markers to set lines and levels at each story of construction and elsewhere as needed to
locate each element of the Project. Calculate and measure required dimensions within
indicated or recognized tolerances. Do not scale Drawings to determine dimensions.
1. Advise entities engaged in construction activities of marked lines and levels provided
for their use.
2. As construction proceeds, check every major element for line, level, and plumb.
B. Surveyor's Log: Maintain a surveyor's log of control and other survey work. Make this log
available for reference.
I. Record deviations from required lines and levels, and advise the Architect when
deviations that exceed indicated or recognized tolerances are detected. On Project
Record Drawings. record deviations that are accepted and not corrected.
2. On completion of foundation walls, major site improvements, and other work
requiring field-engineering services, prepare a certified survey showing dimensions,
locations, angles, and elevations of construction and sitework.
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C. Site Improvements: Locate and layout site improvements, including pavements, stakes for
grading, fill and topsoil placement, utility slopes, and invert elevations.
D. Building Lines and Levels: Locate and layout batter boards for structures, building
foundations, column grids and locations, floor levels, and control lines and levels required
for mechanical and electrical work.
E. Existing Utilities: Furnish infonnation necessary to adjust, move, or relocate existing
structures, utility poles, lines, services, or other appurtenances located in or affected by
construction. Coordinate with local authorities havingjurisdiction.
F. Final Property Survey: Prepare a final property survey showing significant features (real
property) for the Project. Include on the survey a certification, signed by the surveyor, that
principal metes, bounds, lines, and levels of the Project are accurately positioned as shown
on the survey.
1. Recording: At Substantial Completion, have the final property survey recorded by
or with local governing authorities as the official"property survey."
END OF SECTION 01050
VICTOR J. LATA VISH ARCHITECT, P.A.
Naples, Florida
FIELD ENGINEERING
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SECTION 01200 - PROJECT MEETINGS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements for project meetings,
including, but not limited to, the following:
1. Preconstruction conference.
2. Progress meetings.
3. Other meetings as required for coordination of the work.
1.3 PRECONSTRUCTION CONFERENCE
A. Schedule a preconstruction conference before starting construction, at a time convenient
to the Owner and the Architect, but no later than 30 days after execution of the Agreement.
Hold the conference at the Project Site or agreed location. Conduct the meeting to review
responsibilities and personnel assignments.
B. Attendees: Authorized representatives of the Owner, Architect, the Contractor and its
superintendent; major subcontractors; manufacturers; suppliers; and other concerned parties
shall attend the conference. All participants at the conference shall be familiar with the
Project and authorized to conclude matters relating to the Work.
C. Agenda: Discuss items of significance that could affect progress, including the following:
1. Tentative construction schedule.
2. Critical work sequencing.
3. Designation of responsible personnel.
4. Procedures for processing field decisions and Change Orders.
5. Procedures for processing Applications for Payment.
6. Distribution of Contract Documents.
7. Submittal of Shop Drawings, Product Data, and Samples.
8. Preparation of record documents.
9. Use of the premises.
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10. Parking availability.
11. Office, work, and storage areas.
12. Equipment deliveries and priorities.
13. Safety procedures.
14. First aid.
15. Security.
16. Housekeeping.
17 . Working hours.
1.4 PREINST ALLA nON CONFERENCES
A. The General Contractor shall conduct a preinstallation conference at the Project Site before
each construction activity that requires coordination with other construction.
B. Attendees: The Installer and representatives of manufacturers and fabricators involved in
or affected by the installation, and its coordination or integration with other materials and
installations that have preceded or will follow, shall attend the meeting. Advise the
Architect of scheduled meeting dates.
1. Review the progress of other construction activities and preparations for the
particular activity under consideration at each preinstallation conference, including
requirements for the following:
a Contract Documents.
b. Options.
c. Related Change Orders.
d. Purchases.
e. Deliveries.
f. Shop Drawings, Product Data, and quality-control samples.
g. Review of mockups.
h. Possible conflicts.
i. Compatibility problems.
j. Time schedules.
k. Weather limitations.
l. Manufacturer's recommendations.
m. Warranty requirements.
n. Compatibility of materials.
o. Acceptability of substrates.
p. Temporary facilities.
q. Space and access limitations.
r. Governing regulations.
s. Safety.
t. Inspecting and testing requirements.
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u. Required performance results.
v. Recording requirements.
w. Protection.
2. Record significant discussions and agreements and disagreements of each conference,
and the approved schedule. Promptly distribute the record of the meeting to everyone
concerned, including the Owner and the Architect.
3. Do not proceed with the installation if the conference cannot be successfully
concluded. Initiate whatever actions are necessary to resolve impediments to
performance of Work and reconvene the conference at the earliest feasible date.
1.5 PROGRESS MEETINGS
A. Architect will conduct a progress meeting at the Project Site at monthly intervals to review
progress of the work with the Owner and Contractor.
1. Contractor shall provide copies of plans, addenda, shop drawings, and related
material at meetings.
2. Contractor shall prepare meeting minutes for distribution to all attendees.
3. Meeting shall be scheduled to coincide with review of Contractors monthly
application for payment.
B. Schedule Updating: Revise the Contractor's Construction Schedule after each progress
meeting where revisions to the schedule have been made or recognized.
C. Architect will conduct additional meeting(s) as needed on site and by telephone conference.
Contractor will receive telephone number and dial-in code for telephone conferences.
1.6 COORDINA nON MEETINGS
A. Conduct project coordination meetings at regular intervals convenient for all parties
involved. Project coordination meetings are in addition to specific meetings held for other
purposes, such as regular progress meetings and special preinstallation meetings.
END OF SECTION 01200
VICTORJ. LATAVISH ARCHITECT, P.A.
Naples, Florida
PROJECT MEETINGS
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SECTION 01270 - MEASUREMENT AND PAYMENT
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Work under this contract shall be measured and paid for as specified in this
Division. Payment for any item of work shall be full compensation for the
following:
1. Furnishing all labor, tools, equipment and material.
2. Incidental clearing, grubbing, hauling and suitable disposable of debris
related to the work.
3. Delivering and installation or placement of material.
4. Excavation, stabilization, sheeting, harnessing or bracing and backfilling.
5. Testing to meet requirements of these Specifications or applicable permit
requirements.
6. Safety precautions, traffic management, damages arising from the nature
of the work and action of the elements or any unforeseen difficulties
encountered during the prosecution of the work until acceptance by
Owner.
7. Costs and expenses for all taxes, commissions, transportation, patent fees
and royalties.
8. Final grading and cleanup.
9. Any incidental work nonnally associated with the item of work.
10. Electrical pennit for lighting
B. The quantities of payment under this Contract will be determined by actual
measurement of the completed item, in place, ready for service and accepted by
Owner, in accordance with the applicable method of measurement stated below.
A representative of Contractor shall witness all field measurements.
C. Payment for any quantities of work in excess of those shown on the Bid Fonn will
not be made without prior written authorization of such additional work
authorized by Owner through the Engineer.
MEASUREMENT AND PAYMENT
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PART 2 - PAYMENT OF ITEMS
2.01 MEASUREMENT AND PAYMENT
A. Unless specified other wise in the Bid Fonn, work under this Contract shall be
measured and paid for as follows:
1. This is a lump sum project with all work to be complete per project plans,
drawings and specifications.
2. Mobilization/Demobilization: Measurement for mobilization!
demobilization shall be by Lump Sum for the project and shall not exceed
10% of the amount for the Base Bid. The work shall include, but not be
limited to, those operations necessary for the movement of personnel,
equipment, supplies and incidentals to and from the project site and for the
establishment of temporary offices, installation of temporary construction
fencing, buildings, safety equipment and first aid supplies, sanitary and
other facilities. The cost of bonds and insurance and any other
pre-construction expenses necessary for the start of the work, excluding
the cost of construction materials, shall be included.
3. Stonnwater Pollution Plan: Measurement shall be by Lump Sum for the
project and shall be pro-rated during the construction based upon work
completed. Work shall include all labor, materials and equipment
necessary for implementation of the Stonnwater Pollution Prevention
Plan. This shall include initial installation of stonnwater pollution
barriers, maintenance of barriers, their removal upon completion of work,
all necessary inspection and repairing and associated monitoring and
closeout documentation.
4. Project Sign: Measurement and Payment shall be each for the furnishing
and installation of all material necessary to complete the Construction
Project Sign, including panels complete with sheeting, painting, and
message; sign posts and supports, footings, excavation, etc.; and all other
work specified in this Section, including all maintenance and incidentals
necessary for the complete item.
5. Demolition, Clearing and Grubbing: Measurement and Payment shall be
lump sum for clearing, demolition, grubbing and excavating and grading
of the proposed site to the elevations shown. It shall include all labor,
materials and equipment necessary to clear and grub the entire site of all
vegetation and other unsuitable materials and grade the site. Vegetation
and unsuitable materials shall be removed from the site and disposed of
properly by the contractor.
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6. Stormwater Management System: Measurement and Payment shall be
lump sum for the construction of the storm water management system
including but not limited to the inlet modification, miscellaneous culverts
and storm water inlets. It shall include all necessary labor, material and
equipment necessary for complete construction.
7. Asphalt Driveways: Measurement and Payment shall be lump sum for the
construction of the asphalt driveways at the site including all related
sidewalk, pavement and signage and striping work depicted on the
drawings. It shall include all necessary labor, material and equipment for
grading, compacting, and completion of work for the required items.
8. LandscapelHardscape: Measurement shall be by Lump Sum for the
project. Work shall include all labor, materials and equipment necessary
for installation of the landscaping and hardscape.
9. Sanitary and Potable Water: Measurement and Payment shall be lump
sum for the construction of the sanitary sewer and potable service
including but not limited to restoration of the right of way to original
condition. It shall also include conduits depicted on the plan. It shall
include all necessary labor, material and equipment necessary for complete
construction.
10. Maintenance of Traffic Plan: Measurement and Payment shall be lump
sum for facilitating traffic movement at the park entrance during entire
construction period and along Gulfshore Drive for duration of sewer
construction.
END OF SECTION
VICTORJ. LATAVISH ARCHITECT, P.A.
Naples, Florida
MEASUREMENT AND PAYMENT
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SECTION 01300 - SUBMITTALS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for submittals required
for performance of the Wor14 including the following:
1. Contractor's construction schedule.
2. Submittal schedule.
3. Shop Drawings.
4. Product Data.
5. Samples.
6. Quality assurance submittals.
B. Administrative Submittals: Refer to other Division 1 Sections and other Contract
Documents for requirements for administrative submittals. Such submittals include, but
are not limited to. the following:
1. Permits.
2. Applications for Payment.
3. Performance and payment bonds.
4. Insurance certificates.
5. List of subcontractors.
1.3 DEFINITIONS
A. Coordination Drawings show the relationship and integration of different construction
elements that require careful coordination during fabrication or installation to fit in the
space provided or to function as intended.
B. Field samples are full-size physical examples erected on-site to illustrate finishes, coatings,
or finish materials. Field samples are used to establish the standard by which the Work will
be judged.
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1.4 SUBMITTAL PROCEDURES
A. Coordination: Coordinate preparation and processing of submittals with performance of
construction activities. Transmit each submittal sufficiently in advance of performance of
related construction activities to avoid delay.
1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other
submittals, and related activities that require sequential activity.
2. Coordinate transmittal of different types of submittals for related elements of the
Work so processing will not be delayed by the need to review submittals concurrently
for coordination.
a. The Architect reserves the right to withhold action on a submittal requiring
coordination with other submittals until all related submittals are received.
3. Processing: To avoid the need to delay installation as a result of the time required
to process submittals, allow sufficient time for submittal review, including time for
resubmittals.
B. Submittal Preparation: Place a permanent label or title block on each submittal for
identification. Indicate the name of the entity that prepared each submittal on the label or
title block.
1. Provide a space approximately 4 by 5 inches on the label or beside the title block on
Shop Drawings to record the Contractor's review and approval markings and the
action taken.
2. Include the following information on the label for processing and recording action
taken.
a. Project name.
b. Date.
c. Name and address of the Architect.
d. Name and address of the Contractor.
e. Name and address of the subcontractor.
f. Name and address of the supplier.
g. Name of the manufacturer.
h. Number and title of appropriate Specification Section.
i. Drawing number and detail references, as appropriate.
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C. Submittal Transmittal: Package each submittal appropriately for transmittal and handling.
Transmit each submittal from the Contractor to the Architect using a transmittal fonn. The
Architect will not accept submittals received from sources other than the Contractor.
1. On the transmittal, record relevant information and requests for data. On the fonn,
or separate sheet, record deviations from Contract Document requirements, including
variations and limitations. Include Contractor's certification that information
complies with Contract Document requirements.
D. Contractors Stamp: All submittals must be stamped with the Contractors shop drawing
stamp indicating the submittal has been reviewed by the Contractor. Each stamp must be
dated and signed by the Contractor.
E. Submittals not bearing the Contractors Stamp, date and signature will be returned without
review.
F. Portions of submittals not in compliance with the Contract Documents, including
referenced standards and codes, shall be clearly marked and identified in red ink by the
Contractor.
G. Proposed substitutions or changes, if any, shall be clearly marked and identified in red ink
by the Contractor.
1.5 CONTRACTOR'S CONSTRUCTION SCHEDULE
A. Bar-Chart Schedule: Prepare a fully developed, horizontal bar-chart-type, Contractor's
construction schedule. Submit not less than 10 days prior to the date established for
"Commencement of the W ork.1I
1. Provide a separate time bar for each significant construction activity. Provide a
continuous vertical line to identify the first working day of each week. Use the same
breakdown of units of the Work as indicated in the "Schedule of Values."
2. Within each time bar, indicate estimated completion percentage in 1 0 percent
increments. As Work progresses, place a contrasting mark in each bar to indicate
Actual Completion.
3. Prepare the schedule on a sheet, or series of sheets, of stable transparency, or other
reproducible media, of sufficient width to show data for the entire construction
period.
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4. Secure time commitments for perfonning critical elements of the Work from parties
involved. Coordinate each element on the schedule with other construction
activities; include minor elements involved in the sequence of the Work. Show each
activity in proper sequence. Indicate graphically the sequences necessary for
completion of related portions of the Work.
5. Coordinate the Contractor's Construction Schedule with the Schedule orValues, list
of subcontracts, Submittal Schedule, progress reports, payment requests, and other
schedules.
6. Indicate completion in advance of the date established for Substantial Completion.
Indicate Substantial Completion on the schedule to allow time for the Architect's
procedures necessary for certification of Substantial Completion.
B. Schedule Updating: Revise the schedule after each meeting, event, or activity where
revisions have been recognized or made. Issue the updated schedule concurrently with the
report of each meeting.
1.6 SHOP DRA WINOS
A. Submit required shop drawings for the Work of this Contract, with information drawn
accurately to scale. Highlight, encircle, or otherwise indicate deviations from the Contract
Documents. Do not reproduce Contract Documents or copy standard infonnation as the
basis of Shop Drawings. Standard infonnation prepared without specific reference to the
Project is not a Shop Drawing.
B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules,
patterns, templates and similar Drawings. Include the following information:
t. Dimensions.
2. Identification of products and materials included by sheet and detail number.
3. Compliance with specified standards.
4. Notation of coordination requirements.
5. Notation of dimensions established by field measurement.
6. Final Submittal: Submit 6 or more copies. The Architect will retain 3 prints andereturn the remainder.
SUBMITI ALS
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7. Do not use Shop Drawings without an appropriate final stamp indicating action
taken.
1.7 PRODUCT DATA
A. Collect Product Data into a single submittal for each element of construction or system.
Product Data includes printed information, such as manufacturers installation instructions,
catalog cuts, standard color charts, roughing-in diagrams and templates, standard wiring
diagrams, and performance curves.
1. Mark each copy to show applicable choices and options. Where printed Product Data
includes information on several products that are not required, mark copies to
indicate the applicable information. Include the following information:
a. Manufacturers printed recommendations.
b. Compliance with trade association standards.
c. Compliance with recognized testing agency standards.
d. Application of testing agency labels and seals.
e. Notation of dimensions verified by field measurement.
f. Notation of coordination requirements.
2. Submittals: Submit 6 copies of each required submittal. The Architect will retain
three copies and will return the other copies marked with action taken and corrections
or modifications required.
a. Unless noncompliance with Contract Document provisions is observed, the
submittal may serve as the final submittal.
3. Distribution: Furnish copies offinal submittal to installers, subcontractors, suppliers,
manufacturers, fabricators, and others required for performance of construction
activities. Show distribution on transmittal forms.
1.8 SAMPLES
A. Submit Samples as specified and physically identical with the material or product proposed.
Samples include partial sections of manufactured or fabricated components, cuts or
containers of materials, color range sets, and swatches showing color, texture, and pattern.
1. Submittals: Except for Samples illustrating assembly details, workmanship,
fabrication techniques, connections, operation, and similar characteristics, submit 3
sets. The Architect will return one set marked with the action taken.
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2. Maintain sets of Samples, as returned, at the Project Site, for quality comparisons
throughout the course of construction.
1.9 QUALITY ASSURANCE SUBMmALS
A. Submit quality-control submittals, including design data, certifications, manufacturer's
instructions, manufacturers field reports, and other quality-control submittals as required
under other Sections of the Specifications.
B. Certifications: Where other Sections of the Specifications require certification that a
product, material, or installation complies with specified requirements, submit a notarized
certification from the manufacturer certifying compliance with specified requirements.
1. Signature: Certification shall be signed by an officer of the manufacturer or other
individual authorized to sign documents on behalf of the company.
C. Inspection and Test Reports: Requirements for submittal of inspection and test reports
from independent testing agencies are specified in Division 1 Section "Quality Control."
1.10 ARCHITECT'S ACTION
A. Except for submittals for the record or information, where action and return is required, the
Architect will review each submittal, mark to indicate action taken, and return promptly.
1. Compliance with specified characteristics is the Contractor's responsibility.
B. Action Stamp: The Architect will stamp each submittal with a uniform, action stamp. The
Architect will mark the stamp appropriately to indicate the action taken, as follows:
1. Final Unrestricted Release: When the Architect marks a submittal"Reviewed, II the
Work covered by the submittal may proceed provided it complies with requirements
of the Contract Documents. Final payment depends on that compliance.
2. Final-But-Restricted Release: When the Architect marks a submittaIlIExceptions
Noted," the Work covered by the submittal may proceed provided it complies with
notations or corrections on the submittal and requirements of the Contract
Documents. Final payment depends on that compliance.
3. Returned for Resubmittal: When the Architect marks a submittal II Revise and
Resubmit," do not proceed with Work covered by the submittal, including
purchasing, fabrication, delivery, or other activity. Revise or prepare a new submittal
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according to the notations; resubmit without delay. Repeat if necessary to obtain
different action mark.
a. Do not use, or allow others to use, submittals marked II Revise and Resubmitll
at the Project Site or elsewhere where Work is in progress.
4. Other Action: Where a submittal is for information or record purposes or special
processing or other activity, the Architect will return the submittal marked IIAction
Not Required."
C. Unsolicited Submittals: The Architect will return unsolicited submittals to the sender
without action.
D. General Conditions: Refer to the AlA General Conditions for additional requirements.
E. Supplementary Conditions: Refer to Division 1 Supplementary Conditions for additional
requirements.
1. "Approval" or "Review" of submittals does not constitute approval of substitutions
or changes unless the proposed substitutions or changes are clearly identified in red
ink and acknowledged in writing by both Contractor and Architect.
2. "Approval" of submittals by AHJ, Engineer, or Owner does not constitute approval
of substitutions by Architect.
3. Failure to clearly identify proposed substitutions or changes shall be considered an
unauthorized change.
F. Do not proceed with the work of each trade or submit payment requests for the same until
processing of related submittals are complete.
END OF SECTION 01300
VICTOR J. LATA VISH ARCHITECT, P.A.
Naples, Florida
SUBMITTALS
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SECTION 01400 - QUALITY CONTROL
PART I - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for quality-control
services.
B. Quality-control services include inspections, tests, and related actions, including reports
performed by Contractor, by independent agencies, and by governing authorities. They do
not include contract enforcement activities performed by Architect.
C. Inspection and testing services are required to verify compliance with requirements
specified or indicated. These services do not relieve Contractor of responsibility for
compliance with Contract Document requirements.
D. Requirements of this Section relate to customized fabrication and installation procedures,
not production of standard products.
I. Specific quality-control requirements for individual construction activities are
specified in the Sections that specify those activities. Requirements in those Sections
may also cover production of standard products.
2. Specified inspections, tests, and related actions do not limit Contractor's quality-
control procedures that facilitate compliance with Contract Document requirements.
3. Requirements for Contractor to provide quality-control services required by
Architect, Owner, or authorities having jurisdiction are not limited by provisions of
this Section.
1.3 RESPONSIBILITIES
A. Contractor Responsibilities: Unless otherwise indicated as the responsibility of another
identified entity, Contractor shall provide inspections, tests, and other quality-control
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services specified elsewhere in the Contract Documents and required by authorities having
jurisdiction. Costs for these services are included in the Contract Sum.
I. Where individual Sections specifically indicate that certain inspections, tests, and
other quality-control services are the Contractor's responsibility, the Contractor shall
employ and pay a qualified independent testing agency to perform quality-control
services. Costs for these services are included in the Contract Sum.
2. Where individual Sections specifically indicate that certain inspections, tests, and
other quality-control services are the Owner's responsibility, the Owner will employ
and pay a qualified independent testing agency to perform those services.
3. Where individual Sections specifically indicate that certain inspections, tests, and
other quality-control services are the Owner's responsibility, the Owner will engage
the services of a qualified independent testing agency to perform those services.
Payment for these services will be made from the Inspection and Testing Allowance,
as authorized by Change Orders.
a. Where the Owner has engaged a testing agency for testing and inspecting part
of the Work, and the Contractor is also required to engage an entity for the
same or related element, the Contractor shall not employ the entity engaged by
the Owner, unless agreed to in writing by the Owner.
B. Retesting: The Contractor is responsible for retesting where results of inspections, tests,
or other quality-control services prove unsatisfactory and indicate noncompliance with
Contract Document requirements, regardless of whether the original test was Contractor's
responsibility.
1. The cost of retesting construction, revised or replaced by the Contractort is the
Contractor's responsibility where required tests performed on original construction
indicated noncompliance with Contract Document requirements.
C. Duties of the Testing Agency: The independent agency engaged to perform inspections,
sampling, and testing of materials and construction specified in individual Sections shall
cooperate with the Architect and the Contractor in performance of the agency's duties. The
testing agency shall provide qualified personnel to perform required inspections and tests.
1. The agency shall notify the Architect and the Contractor promptly of irregularities or
deficiencies observed in the Work during performance of its services.
D. Coordination: Coordinate the sequence of activities to accommodate required services with
a minimum of delay. Coordinate activities to avoid the necessity of removing and replacing
construction to accommodate inspections and tests.
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.
1. The Contractor is responsible for scheduling times for inspections, tests, taking
samples, and similar activities.
1.4 SUBMITTALS
A. Unless the Contractor is responsible for this service, the independent testing agency shall
submit a certified written report, in duplicate, of each inspection, test, or similar service to
the Architect. If the Contractor is responsible for the service, submit a certified written
report, in duplicate, of each inspection, test, or similar service through the Contractor.
1. Submit additional copies of each written report directly to the governing authority,
when the authority so directs.
2. Report Data: Written reports of each inspection, test, or similar service include, but
are not limited to, the following:
a. Date of issue.
b. Project title and number.
c. Name, address, and telephone number of testing agency.
d. Dates and locations of samples and tests or inspections.
e. Names of individuals making the inspection or test.
f. Designation of the Work and test method.
g. Identification of product and Specification Section.
h. Complete inspection or test data.
L Test results and an interpretation oftest results.
j. Ambient conditions at the time of sample taking and testing.
k. Comments or professional opinion on whether inspected or tested Work
complies with Contract Document requirements.
1. Name and signature oflaboratory inspector.
m. Recommendations on retesting.
1.5 QUALITY ASSURANCE
A. Qualifications for Service Agencies: Engage inspection and testing service agencies,
including independent testing laboratories, that are prequalified as complying with the
American Council of Independent Laboratories' IIRecommended Requirements for
Independent Laboratory Qualificationll and that specialize in the types of inspections and
tests to be performed.
I. Each independent inspection and testing agency engaged on the Project shall be
authorized by authorities havingjurisdiction to operate in the state where the Project
is located.
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1.6 REQUIRED TESTS
A. Contractor shall provide certified quality control tests as specified elsewhere in the
Documents and as required herein for the following trades:
1. Concrete pile tests
2. Concrete slump tests
3. Concrete compressive strength tests
4. Water line bacterial tests
5. Exhaust system Test & Balance
6. Other tests as may be required by AHJ and permitting agencies
END OF SECTION 01400
VICTOR J. LATA VISH ARCHITECT, P.A.
Naples, Florida
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SECTION 01420 - REFERENCES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contractt including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 DEFINITIONS
A. General: Basic Contract definitions are included in the Conditions of the Contract.
B. "Approved": When used to convey Architect's action on Contractor's submittals,
applications, and requests, "approved" is limited to Architect's duties and responsibilities
as stated in the Conditions of the Contract. Specifically, submittal approval is conditional
upon full compliance with the requirements of the Contract Documents, or when deviations
from the Documents are clearly noted in red and circled in red on submittals. Deviations
not marked in red shall be deemed non-approved and non-compliant.
C. "Directed": A command or instruction by Architect. Other terms including "requested,"
"authorized,""selected," "approved," "required," and "permitted" have the same meaning
as "directed."
D. "Final Completion": Final acceptance of the Work made by both the Owner and Architect
after final completion of all punchlist work and receipt of all closeout documents.
E. "Indicated": Requirements expressed by graphic representations or in written form on
Drawings, in Specifications, and in other Contract Documents. Other terms including
"shown," "noted," illustrated", "scheduled," and "specified" have the same meaning as
"indicated. "
F. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having
jurisdiction, and rules, conventions, and agreements within the construction industry that
control performance of the Work.
G. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly,
installation, and similar operations.
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H. "Install": Operations at Project site including unloading, temporarily storing, unpacking,
assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing,
protecting, cleaning, and similar operations.
I. "Provide": Furnish and install, complete and ready for the intended use.
J. "Installer": Contractor or another entity engaged by Contractor as an employee,
Subcontractor, or Sub-subcontractor, to perform a particular construction operation,
including installation, erection, application, and similar operations.
K. "Experienced": When used with an entity, "experienced" means having successfully
completed a minimum of I 0 previous projects similar in size and scope to this Project;
being familiar with special requirements indicated; and having complied with requirements
of authorities having jurisdiction.
L. "Substantial Completion": In addition to requirements of the General Conditions, the work
will be deemed to be substantial complete upon receipt or completion of the following
items:
1. Certificate of Occupancy from AHJ, unless delayed due to incomplete portion(s) of
work for which the Contractor has no control; i.e. Owner contracts separately for
inspection-dependent work.
2. Contractors comprehensive punchlist listing incomplete work
3. Final Cleaning
4. Certificate of Substantial Completion signed by Architect, Owner, and Contractor
M. "Project Site": Space available for performing construction activities. The extent of
Project site is shown on Drawings and mayor may not be identical with the description of
the land on which Project is to be built
1.3 INDUSTRY STANDARDS
A. Applicability of Standards: Unless the Contract Documents include more stringent
requirements, applicable construction industry standards have the same force and effect as
if bound or copied directly into the Contract Documents to the extent referenced. Such
standards are made a part of the Contract Documents by reference.
B. Publication Dates: Comply with standards in effect as of date of the Contract Documents,
unless otherwise indicated.
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C. Conflicting Requirements: If compliance with two or more standards is specified and the
standards establish different or conflicting requirements for minimum quantities or quality
levels, comply with the most stringent requirement. Refer uncertainties and requirements
that are different, but apparently equal, to Architect for a decision before proceeding.
D. Copies of Standards: Each entity engaged in construction on Project must be familiar with
industry standards applicable to its construction activity. Copies of applicable standards
are not bound with the Contract Documents.
1. Where copies of standards are needed to perform a required construction activity,
obtain copies directly from publication source and make them available on request.
END OF SECTION 01420
VICTOR J. LATA VISH ARCHITECT, P A
Naples, Florida
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SECTION 01500 - CONSTRUCTION FACILITIES ~D TEMPORARY CONTROLS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes requirements for construction facilities and temporary controls,
including temporary utilities, support facilities, and security and protection.
B. Temporary utilities include, but are not limited to, the following:
1. Water service and distribution.
2. Temporary electric power.
3. Sanitary facilities.
C. Support facilities include, but are not limited to, the following:
1. Temporary enclosures.
2. Hoists and cranes.
3. Temporary project identification signs and bulletin boards.
4. Waste disposal services.
5. Construction aids and miscellaneous services and facilities.
D. Security and protection facilities include, but are not limited to, the following:
1. Barricades.
2. Warning signs
1.3 QUALITY ASSURANCE
A. Regulations: Comply with industry standards and applicable laws and regulations of
authorities having jurisdiction including, but not limited to, the following:
1. Building code requirements.
2. Health and safety regulations.
3. Utility company regulations.
4. Police, fire department, and rescue squad rules.
5. Environmental protection regulations.
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B. Standards: Comply with NFP A 241 "Standard for Safeguarding Construction, Alterations,
and Demolition Operations," ANSI AI0 Series standards for "Safety Requirements for
Construction and Demolition," and NECA Electrical Design Library "Temporary Electrical
Facilities."
1. Electrical Service: Comply with NEMA, NECA, and UL standards and regulations
for temporary electric service. Install service in compliance with NFP A 70 ''National
Electric Code."
1.4 PROJECT CONDITIONS
A. Temporary Utilities: Prepare a schedule indicating dates for implementation and
termination of each temporary utility. At the earliest feasible time, when acceptable to the
Owner, change over from use of temporary service to use of permanent service.
B. Conditions of Use: Keep temporary services and facilities clean and neat in appearance.
Operate in a safe and efficient manner. Relocate temporary services and facilities as the
Work progresses. Do not overload facilities or permit them to interfere with progress.
Take necessary fire-prevention measures. Do not allow hazardous, dangerous, or
unsanitary conditions, or public nuisances to develop or persist on-site.
PART 2 - PRODUCTS
2.1 MATERIALS
A. General: Provide materials suitable for intended use. Materials shall be either new or
undamaged previously used materials in serviceable condition.
B. Water: Provide potable water approved by local health authorities.
2.2 EQUIPMENT
A. General: Use new or undamaged previously used equipment in serviceable condition.
Provide equipment suitable for use intended.
B. Temporary Toilet Units: Provide self-contained, single-occupant toilet units. Provide units
properly vented and fully enclosed with a glass-fiber-reinforced polyester shell or similar
nonabsorbent material.
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PART 3 - EXECUTION
3.1 INSTALLATION
A. Use qualified personnel for installation of temporary facilities. Locate facilities where they
will serve the Project adequately and result in minimum interference with performance of
the Work. Relocate and modify facilities as required.
B. Provide each facility ready for use when needed to avoid delay. Maintain and modify as
required. Do not remove until facilities are no longer needed or are replaced by authorized
use of completed permanent facilities.
3.2 TEMPORARY UTILITY INST ALLA nON
A. General: Engage the appropriate local utility company to install temporary service or
connect to existing service. Where company provides only part of the service, provide the
remainder with matching, compatible materials and equipment. Comply with company
recommendations.
1. Arrange with company and existing users for a time when service can be interrupted,
if necessary, to make connections for temporary services.
B. Water Service: Connect to existing water service as required for construction. Contractor
shall pay utility services costs.
C. Temporary Electric Power Service: Connect to existing electric service as required for
construction. Contractor shall pay utility services costs.
D. Temporary Telephone: Provide temporary mobile phone service throughout construction
period.
E. Sanitary facilities include temporary toilets. Comply with regulations and health codes for
the type, number, location, operation, and maintenance of fixtures and facilities.
1. Provide toilet tissue. Provide covered waste containers for used material.
3.3 SUPPORT FACILITIES
A. Maintain support facilities until near Substantial Completion. Remove prior to Substantial
Completion. Personnel remaining after Substantial Completion will be pennitted to use
permanent facilities, under conditions acceptable to the Owner.
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B. Project Identification and Temporary Signs:
1. Contractors Sign: Contractor may provide one job sign located near the main
entrance drive. The following text may not be displayed onjob signs: Design-Build,
Construction Manager, or Construction Management.
2. Temporary Signs: Provide temporary traffic signs to provide directional information
to construction personnel and visitors.
3. Subcontractor signs may not be posted at the site.
4. Post "Construction Site- No Trespassing" and "Warning- Hart Hat Required" signs
at each entrance to the work area.
C. Collection and Disposal of Waste: Collect waste from construction areas and elsewhere
daily. Comply with requirements ofNFP A 241 for removal of combustible waste material
and debris. Dispose of material lawfully.
3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION
A. Barricades, Warning Signs, and Lights: Comply with standards and code requirements for
erection of structurally adequate parricades. Paint with appropriate colors, graphics, and
warning signs to inform personnel and the public of the hazard being protected against.
Where appropriate and needed, provide lighting, including flashing red or amber lights.
B. Environmental Protection: Provide protection, operate temporary facilities, and conduct
construction in ways and by methods that comply with environmental regulations, and
minimize the possibility that air, waterways, and subsoil might be contaminated or polluted
or that other undesirable effects might result. Avoid use of tools and equipment that
produce harmful noise. Restrict use of noise-making tools and equipment to hours that will
minimize complaints from persons or firms near the site.
3.5 OPERATION, TERMINATION, AND REMOVAL
A. Supervision: Enforce strict discipline in use of temporary facilities. Limit availability of
temporary facilities to essential and intended uses to minimize waste and abuse.
B. Maintenance: Maintain facilities in good operating condition until removal. Protect from
damage by freezing temperatures and damaging elements.
1. Maintain operation of temporary enclosures, heating, cooling, humidity control,
ventilation, and similar facilities on a 24-hour basis where required to achieve
indicated results and to avoid possibility of damage.
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C. Termination and Removal: Unless the Architect or Owner requests that it be maintained
longer, remove each temporary facility when the need has ended, when replaced by
authorized use of a permanent facility, or no later than Substantial Completion. Complete
or, if necessary, restore permanent construction that may have been delayed because of
interference with the temporary facility. Repair damaged Work, clean exposed surfaces,
and replace construction that cannot be satisfactorily repaired.
1. Materials and facilities that constitute temporary facilities are the Contractors
property.
END OF SECTION 01500
VICTOR J. LATA VISH ARCHITECT, P.A.
Naples, Florida
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SECTION 01600 - SUBSTITUTIONS
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for handling requests for
substitutions made after award of the Contract.
B. Related Sections: The following Sections contain requirements that relate to this Section:
1. Division 1 Section "Reference Standards and Definitions" specifies the applicability
of industry standards to products specified.
2. Division 1 Section "Submittals II specifies requirements for submitting the
Contractor's Construction Schedule and the Submittal Schedule.
1.3 DEFINITIONS
A. Definitions in this Article do not change or modify the meaning of other terms used in the
Contract Documents.
B. Substitutions: Changes in products, materials, equipment, and methods of construction
required by the Contract Documents proposed by the Contractor after award of the Contract
are considered to be requests for substitutions. The following are not considered to be
requests for substitutions:
1. Substitutions requested during the bidding period, and accepted by Addendum prior
to award of the Contract, are included in the Contract Documents and are not subject
to requirements specified in this Section for substitutions.
2. Revisions to the Contract Documents requested by the Owner or Architect.
3. Specified options of products and construction methods included in the Contract
Documents.
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1.4 SUBMITTALS
A. Substitution Request Submittal: The Architect will consider requests for substitution if
received within 15 days after commencement of the Work. Requests received more than
15 days after commencement of the Work may be considered or rejected at the discretion
of the Architect.
1. Submit 3 copies of each request for substitution for consideration. Submit requests
using the enclosed CSI form and according to procedures required for change-order
proposals.
2. IdentifY the product or the fabrication or installation method to be replaced in each
request. Include related Specification Section and Drawing numbers.
3. Provide complete documentation showing compliance with the requirements for
substitutions, and the following information, as appropriate:
a. Coordination information, including a list of changes or modifications needed
to other parts of the Work and to construction performed by the Owner and
separate contractors, that will be necessary to accommodate the proposed
substitution.
b. A detailed comparison of significant qualities of the proposed substitution with
those of the Work specified. Significant qualities may include elements, such
as performance, weight, size, durability, and visual effect.
c. Product Data, including Drawings and descriptions of products and fabrication
and installation procedures.
d. Samples, where applicable or requested.
e. A statement indicating the substitution's effect on the Contractors Construction
Schedule compared to the schedule without approval of the substitution.
Indicate the effect of the proposed substitution on overall Contract Time.
f. Cost information, including a proposal of the net change, if any in the Contract
Sum.
g. The Contractor's certification that the proposed substitution conforms to
requirements in the Contract Documents in every respect and is appropriate for
the applications indicated.
h. The Contractor's waiver of rights to additional payment or time that may
subsequently become necessary because of the failure of the substitution to
perform adequately.
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4. Architect1s Action: Ifnecessary, the Architect will request additional information or
documentation for evaluation within one week of receipt of a request for substitution.
The Architect will notify the Contractor of acceptance or rejection of the substitution
within 2 weeks of receipt of the request, or one week of receipt of additional
information or documentation, whichever is later. Acceptance will be in the form of
a change order.
PART 2 - PRODUCTS
2.1 SUBSTITUTIONS
A. Conditions: The Architect will receive and consider the Contractors request for
substitution when one or more of the following conditions are satisfied, as determined by
the Architect. If the following conditions are not satisfied, the Architect will return the
requests without action except to record noncompliance with these requirements.
1. Extensive revisions to the Contract Documents are not required.
2. Proposed changes are in keeping with the general intent of the Contract Documents.
3. The request is timely, fully documented, and properly submitted.
4. The specified product or method of construction cannot be provided within the
Contract Time. The Architect will not consider the request if the product or method
cannot be provided as a result of failure to pursue the Work promptly or coordinate
activities properly.
5. The request is directly related to an nor-equal" clause or similar language in the
Contract Documents.
6. The requested substitution offers the Owner a substantial advantage, in cost, time,
energy conservation, or other considerations, after deducting additional
responsibilities the Owner must assume. The Owner's additional responsibilities may
include compensation to the Architect for redesign and evaluation services, increased
cost of other construction by the Owner, and similar considerations.
7. The specified product or method of construction cannot receive necessary approval
by a governing authority, and the requested substitution can be approved.
8. The specified product or method of construction cannot be provided in a manner that
is compatible with other materials and where the Contractor certifies that the
substitution will overcome the incompatibility.
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9. The specified product or method of construction cannot be coordinated with other
materials and where the Contractor certifies that the proposed substitution can be
coordinated.
10. The specified product or method of construction cannot provide a warranty required
by the Contract Documents and where the Contractor certifies that the proposed
substitution provides the required warranty.
11. Where a proposed substitution involves more than one prime contractor, each
contractor shall cooperate with the other contractors involved to coordinate the Work,
provide uniformity and consistency, and assure compatibility of products.
B. The Contractor's submittal and the Architect's receipt of Shop Drawings, Product Data, or
Samples for construction activities not in compliance with the Contract Documents do not
constitute an acceptable or valid request for substitution, nor do they constitute approval.
END OF SECTION 01600
VICTORJ. LATAVISH ARCHITECT, P.A.
Naples, Florida
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SECTION 01720 - PROJECT RECORD DOCUMENTS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for Project Record
Documents.
B. Project Record Documents required include the following:
a. Marked-up copies of Contract Drawings.
b. Marked-up copies of Shop Drawings.
c. Newly prepared drawings.
d. Marked-up copies of Specifications, addenda, and Change Orders.
e. Marked-up Product Data submittals.
f. Record Samples.
g. Field records for variable and concealed conditions.
h. Record information on Work that is recorded only schematically.
C. Maintenance of Documents and Samples: Store record documents and Samples in the field
office apart from the Contract Documents used for construction. Do not use Project Record
Documents for construction purposes. Maintain record documents in good order and in a
clean, dry, legible condition. Make documents and Samples available at all times for the
Architect's inspections.
D. All project Record Documents shall be delivered within dates scheduled herein, but not less
than 15 days before final completion.
E. Final payment shall be withheld until all required submittals and Record Documents are
approved.
1.3 RECORD DRA WINOS
A. Markup Procedure: During construction, maintain a set of blue- or black-line white prints
of Contract Drawings and Shop Drawings for Project Record Document purposes.
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1. Mark these Drawings to show the actual installation where the installation varies
from the installation shown originally. Give particular attention to information on
concealed elements that would be difficult to identify or measure and record later.
Items required to be marked include, but are not limited to, the following:
a. Dimensional changes to the Drawings.
b. Revisions to details shown on the Drawings.
c. Depths of foundations below the first floor.
d. Locations and depths of underground utilities.
e. Revisions to routing of piping and conduits.
f. Revisions to electrical circuitry.
g. Actual equipment locations.
h. Duct size and routing.
i. Locations of concealed internal utilities.
J. Changes made by change order or Construction Change Directive.
k. Changes made following the Architect's written orders.
1. Details not on original Contract Drawings.
2. Mark record prints of Contract Drawings or Shop Drawings, whichever is most
capable of showing actual physical conditions, completely and accurately. Where
Shop Drawings are marked, show cross-reference on Contract Drawings location.
3. Mark record sets with red erasable colored pencil. Use other colors to distinguish
between changes for different categories of the Work at the same location.
4. Mark important additional information that was either shown schematically or
omitted from original Drawings.
5. Note Construction Change Directive numbers, alternate numbers, change-order
numbers, and similar identification.
B. Responsibility for Markup: The individual or entity who obtained record data, whether the
individual or entity is the Installer, subcontractor, or similar entity, shall prepare the markup
on record drawings.
1. Accurately and neatly record information in an understandable drawing technique.
2. Record data as soon as possible after obtaining it. Record and check the markup
prior to enclosing concealed installations.
3. At time of Substantial Completion, submit record drawings to the Architect for the
Owners records. Organize into sets and bind and label sets for the Owner's
continued use.
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C. Preparation of Final As-Built Record Documents:
1. Incorporate changes and additional information previously marked on print sets.
Erase, redraw, and add details and notations where applicable.
2. Identify and date each drawing; include the printed designation "PROJECT
RECORD DRA WINOS" in a prominent location on each drawing.
3. All notations shaH be neat and clearly legible.
4. Record documents with haphazard, incomplete, illegible, or poor notations will be
returned to the Contractor for corrections.
D. Copies and Distribution: After completing the preparation of record drawings, print 3
copies of each drawing, whether or not changes and additional information were recorded.
Organize the copies into manageable sets. Bind each set with durable-paper cover sheets.
Include appropriate identification, including titles, dates, and other information on the cover
sheets.
1. Organize and bind original marked-up set of prints that were maintained during the
construction period in the same manner.
2. Submit the marked-up record set, and 2 copy sets to the Architect for the Owner's
records; the Architect will retain 1 copy set.
E. Newly Prepared Record Drawings: Prepare new drawings instead offollowing procedures
specified for preparing record drawings where new drawings are required, and the Architect
determines that neither original Contract Drawings nor Shop Drawings are suitable to show
the actual installation. New drawings may be required when a change order is issued as a
result of accepting an alternate, substitution, or other modification.
1.4 RECORD SPECIFICATIONS
A. During the construction period, maintain 2 copies of the Project Specifications, including
addenda and modifications issued, for Project Record Document purposes.
1. Mark the Specifications to indicate the actual installation where the installation varies
from that indicated in Specifications and modifications issued. Note related project
record drawing information, where applicable. Give particular attention to
substitutions, selection of product options, and information on concealed installations
that would be difficult to identify or measure and record later.
a. In each Specification Section where products, materials, or units of equipment
are specified or scheduled, mark the copy with the proprietary name and model
number of the product furnished.
PROJECT RECORD DOCUMENTS
01720 - 3
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL AVENUE BEACH TURNAROUND
NAPLES, FLORIDA
b. Record the name of the manufacturer, supplier, installer, and other information
necessary to provide a record of selections made and to document coordination
with record Product Data submittals and maintenance manuals.
C. Note related record Product Data, where applicable. For each principal product
specified, indicate whether record Product Data has been submitted in
maintenance manual instead of submitted as record Product Data.
2. Upon completion of markup, submit record Specifications to the Architect for the
Owner's records.
1.5 RECORD PRODUCT DATA
A. During the construction period, maintain two copies of each Product Data submittal for
Project Record Document purposes.
1. Mark Product Data to indicate the actual product installation where the installation
varies substantially from that indicated in Product Data submitted. Include
significant changes in the product delivered to the site and changes in manufacturer's
instructions and recommendations for installation.
2. Give particular attention to information on concealed products and installations that
cannot be readily identified and recorded later.
3. Note related Change Orders and markup of record Drawings, where applicable.
4. Upon completion of markup, submit a complete set of record Product Data to the
Architect for the Owner's records.
5. Where record Product Data is required as part of maintenance manuals, submit
marked-up Product Data as an insert in the manual instead of submittal as record
Product Data.
1.6 RECORD SAMPLE SUBMITTAL
A. Immediately prior to date of Substantial Completion meet with the Architect and the
Owner's personnel at the site to determine which of the Samples maintained during the
construction period shall be transmitted to the Owner for record purposes. Comply with
the Architect's instructions for packaging, identification marking, and delivery to the
Owner's Sample storage space. Dispose of other Samples in a manner specified for
disposing surplus and waste materials.
PROJECT RECORD DOCUMENTS
01720-4
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBaL AVENUE BEACH TURNAROUND
NAPLES, FLORlDA
1.7 MAINTENANCE MANUAL SUBMITTAL
A. When each construction activity that requires submittal of maintenance manuals is
nominally complete, but before Substantial Completion, submit maintenance manuals
specified.
I. Organize operation and maintenance manuals into suitable sets of manageable size.
2. Bind data into individual binders for each manual, properly identified on front and
spine. For large manuals, provide an index sheet and thumb tabs for separate
information categories.
3. Provide heavy-duty, 3-ring, vinyl-covered binders, I to 2 inch thick as required to
contain information, sized for 8-l/2-by-Il-inch paper with inside pockets or pocket
folders for folded sheets.
4. In each maintenance manual, include information specified in individual
Specification Sections and the following:
a. Emergency instructions.
b. Spare parts list.
c. Copies of specific warranties.
d. Wiring diagrams.
e. Recommended maintenance procedures and turn-around times.
f. Inspection and system-test procedures.
g. Copies of applicable Shop Drawings and Product Data.
h. Listing of required maintenance materials and services.
i. Names and addresses of sources of maintenance materials.
j. Maintenance drawings and diagrams.
k. Precautions against improper maintenance and exposure.
5. Each prime contractor is responsible for maintenance manuals for its own Work.
Where a manual includes information on installations by more than one contract, the
Contractor who is the principal source of information, as designated by the Architect,
shall receive information from other contractors, coordinate and collate information
for a unified manual, and provide binders and submittal as specified.
1.8 MISCELLANEOUS RECORD SUBMITTALS
A. Refer to other Specification Sections for miscellaneous record-keeping requirements and
submittals in connection with various construction activities. Immediately prior to
Substantial Completion, complete miscellaneous records and place in good order, properly
PROJECT RECORD DOCUMENTS
01720 - 5
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL AVENUE BEACH TURNAROUND
NAPLES, FLORIDA
identified and bound or filed, ready for use and reference. Submit to the Architect for the
Owner's records.
] . Categories of requirements resulting in miscellaneous records include, but are not
limited to, the following:
a. Field records on excavations and foundations.
b. Field records on underground construction and similar work.
c. Survey showing locations and elevations of underground lines.
d. Invert elevations of drainage piping.
e. Surveys establishing building lines and levels.
f. Authorized measurements utilizing unit prices or allowances.
g. Certifications received in lieu oflabels on bulk products.
h. Batch mixing and bulk delivery records.
i. Testing and qualification of tradesmen.
j. Documented qualification of installation firms.
k. Load and performance testing.
I. Inspections and certifications by governing authorities.
m. Leakage and water-penetration tests.
n. Fire-resistance and flame-spread test certificates.
1.9 RECORDING
A. Post changes and modifications to the Documents as they occur. Do not wait until the end
of the Project.
END OF SECTION 01720
VICTORJ. LATAVISH ARCHITECT, P.A.
Naples, Florida
PROJECT RECORD DOCUMENTS
01720 - 6
APPENDIX A
GEOTECHNICAL REPORT
NOTE: GEOTECHNICAL REPORT IS PROVIDED FOR BIDDERS INFORMATION
ONLY, AND IS NOT A GUARANTEE OR WARRANTY OF EXISTING
SUBSURFACE CONDITIONS.
UNIVERSAL
ENGINEERING SCIENCES
GEOTECHNICAL EXPLORATION
PROPOSED RESTROOM STRUCTURE
DELNOR-W1GGINS PASS STATE RECREATION AREA
BLUEBILL AVENUE AND GULF SHORE DRIVE
NAPLES, FLORIDA
UES Order No.: 0530.1000078.0000
Prepared For:
Liebl and Barrow
10907 S. Cleveland Avenue, Suite 105
Fort Myers, ROOda 33907
Prepared By:
Universal Engineering Sciences. Inc.
5971 Country Lakes Drive
Fort Myers, Rorida 33905
Decernber16,2010
Consultants in: Geotechnical Engineering · Environmental Sciences
· Construc:tion Materials TesIlng · Private Provider & Threshold Inspections
OFFICES IN: DaytOna Beach. DeBary. Fort Myers. GainesvlDe. Hollywood. Jacksonville. Ocala. Orlando
Palm Coast · Rocldedge · Sarasota · 51. Augustine. Tallahassee. Tampa · West Palm Beach
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Q3UNIVERSAL
ENGINEERING SCIENCES
Consultants In: GeoteChnical engineering · Environmental Sciences
. ConSb'llCtlon Materlals Testing · Private Provider & Threshold Inspections
OFFICES IN:
Adlllta
DcBary
Fort Picn:c
JactscmviUc
Miami
0rI111ldo
Panama City
Rock1edgc
SL Aupstinc
West Palm Beach
December 16. 2010
Uebl and Barrow
10907 S. Cleveland Avenue, Suite 105
Fort Myers. Florida 33907
Attention: Mr. Brian Uebl
Reference: GEOTECHNICAL EXPLORATION
PROPOSED RESTROOM STRUCTURE
DELNOR-WIGGINS PASS STATE RECREATION AREA
BLUEBILL AVENUE AND GULF SHORE DRIVE
Naples, Rorida
Dear Mr. Uebl:
Universal Engineering Sciences, Inc. (UES) has completed the subsurface exploration for the
proposed restroom structure located at the Delnor Wiggins State Recreation Area in the Naples
area of Collier County, Florida. The scope of our exploration was authorized by and planned in
conjunction with you. This exploration was performed in accordance with generally accepted soli
and foundation engineering practices. No other warranty, express or implied, Is made.
This report contains the results of our explorations, an engineering interpretation of these results
with respect to the project characteristics descnbed to us, and recommendations to aid in
foundation design and building pad preparation.
We appreciate the opportunity to have worked with you on this project and look forward to a
continued association. If you have any questions, or when final project design plans are available
for our recommended review, please contact the undersigned.
Respectfully submitted,
UNIVERSAL ENGINEERING SCIENCES, INC.
./
MAHlmah
3cc:
1 cc:
2llfI8M4l1l11ltl; l~t. D*e-.fort Myers, FL 33905. (239) 895-1197 · Fax (239) 313.2347
DaytOna
Fort Myers
OaiDsvillc
Lccsburg
():ala
Palm CoISt
PCDSICOla
Sarasota
Tampa
C1cnnoDt
Order No: 0530.1000076.0000
1.0 INTRODUCTION
1.1 GENERAL
In this report. we present the results of our Geotechnical Exploration for the site of the proposed
restroom structure located in Naples, Florida. We have divided this report into the following
sections:
SCOPE OF SERVICES - Defines what we did
FINDINGS - Describes what we found
RECOMMENDATIONS - Describes what we encourage you to do
LIMITATIONS - Describes the restrictions inherent in this report
SUMMARY - Reviews the material in this report
APPENDICES - Presents support materials referenced in this report.
2.0 SCOPE OF SERVICES
2.1 PROJECT DESCRIPTION
We understand that the project under consideration involves the construction of a new restroom
structure at the Delnor-Wiggins Pass State Recreation Area. We understand the restroom building
will be supported on pile foundations and constructed near eXisting grade. We also understand
the building will be waterproof up to 6 feet above the slab. As such, the pile foundations will be
subjected to uplift forces under high water conditions. Detaned structural loading information was
not available at the time of the exploration. For the purpose of the evaluation. we have assumed
foundation loads typical for this type of structure.
No site or project facllitleslimprovements, other than those described herein, should be
designed using the soil Information presented in this report Moreover, UES will not be
responsible for the performance of any site improvement so designed and constructed.
We anticipate nominal amounts (0 to 1 foot) of fill material will be placed within the building area.
We were provided with a site plan (dated May 2010 and prepared by GradyMinor) depicting the
layout of the proposed structure. We used this information to perform our exploration.
We note that since the applicability of geotechnical recommendations is very dependent
upon project characteristics, most specifically: Improvement locations, grade alterations,
and actual structural loads applied, UES must review the preliminary and final site and
grading plans, and structural design loads to validate all recommendations rendered herein.
Without such review our recommendations should not be relied upon for final design or
construct/on of any site improvements.
3ll53O. 10Cl00Cl11.0a00 II- ClrQIIllCI. _ WIlJllIlIIwpa
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Order No: 0530.1000078.0000
The site is located at Bluebill Avenue and Gulf Shore Boulevard in the Naples area of Collier
County, Florida. A general location plan of the projed area appears in Appendix A: Site Location
Plan.
2.2 PURPOSE
The purposes of this exploration were:
to explore the general subsurface conditions generally at the site;
to interpret or review the subsurface conditions with respect to the proposed
construction; and
· to provide geotechnical engineering recommendations to aid in foundation design and
building pad preparation for the planned restroom building.
Recommendations concerning pavement design and other earthwork related aspects of the
proposed construction were beyond the scope of this study. Our work did not address the potential
for surface expression of deep geological conditions, such as sinkhole development related to karst
activity. This report presents an evaluation of site conditions on the basis of traditional geotechnical
procedures for site characterization. The recovered samples were not examined, either visually or
analytically I for chemical composition or environmental hazards. Universal Engineering Sciences
would be pleased to perform these services. if you so desire.
2.3 FIELD EXPLORATION
The subsurface conditions in the proposed building addition area were explored with two (2) rotary
wash borings advanced to a depth of 50 feet while performing the Standard Penetration Test
We performed the Standard Penetration Test according to the procedures of ASTM 0-1586;
however, we used continuous sampling to detect slight variations in the soil profile at shallow
depths. The basic procedure for the Standard Penetration Test is as follows: A standard split-barrel
sampler is driven into the soil by a 14o-pound hammer falling 30-inches. The number of blows
required to drive the sampler 1 foot, after seating 6 inches. is designated the penetration
resistance, or N-value; this value is an Index to soil strength and density.
Consider the indicated boring locations and depths to beapproximate. Our drilling crew located the
borings based upon estimated distances and relationships with obvious landmarks. Further, the
borings were located based a site plan provided to our firm by GradyMinor.
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Order No: 0530.1000078.0000
2.4 LABORATORY TESTING
The soil samples recovered from the soil test borings were returned to our laboratory and then an
engineer visually classified and reviewed the field descriptions in accordance with ASTM 0 2488.
We selected representative soil samples for laboratory testing consisting of two (2) wash #200
determination and two (2) moisture content lests.
We performed these tests to aid in classifying the soils and to help evaluate the general
engineering characteristics of the site soils. See Appendix 8: Boring Logs and Description of
Laboratory Testing Procedures for further data and explanations. Jar samples of the soils
encountered will be held in our laboratory for your inspection for 60 days and then discarded,
unless we are notified otherwise.
3.0 FINDINGS
3.1 SURFACE CONDITIONS
While on site, our field drilling crew performed a visual inspection of the subject property to gain
a "hands-on" familiarity with the project area. We also examined the U.S.DA. Soil Conservation
Service Soil Survey for Collier County and U.S.G.S. topographic quadrangle maps for relevant
information about the site.
Although we were not provided with site specific topographic information, based on our
representative's site observations, it is apparent that the overaU site is relatively flat. The site
currently is comprised of a grassed covered area adjacent to an existing asphalt parking area. The
Gulf of Mexico borders the site to the west.
3.2 SUBSURFACE CONDITIONS
The results of our field exploration, together with pertinent information obtained from the SPT
borings, such as soil profiles, penetration resistance and groundwater levels are shown on the
boring logs included in Appendix B. The Key to Boring Logs. Soil Classification Chart is also
included in Appendix B. The soil profiles were prepared from field logs after the recovered soil
samples were visually classified by a staff engineer. The stratification lines shown on the boring
logs represent the approximate boundaries between soil types, and may not depict exad
subsurface soil conditions. The actual soil boundaries may be more transitional than depicted. A
generalized profile of the soils encountered at our boring locations is presented below in Table 1.
For detailed soil profiles, please refer to the attached boring logs.
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Order No: 0530.1000078.0000
TABLE 1
General Soil Profile
.... : .:. <, .' ,', .. - . - .
Ty~ical Depth (ft.) . . ">~Oil Descriptl~s ". .
.' . ..
Very loose and loose. gray and brown, fine SAND with varying
0-8 amounts of silt. rock, organics and shell fragments
[SP, SP-SM. SP-OL]
8 -13 Very loose, greenish-gray, clayey, fine SAND with varying amounts of
shell fragments [Sel
13 - 18 Very loose, light and dark gray. fine SAND with clay, organics and
shell fragments [SP-QLl
18 - 27 Very loose, light and dark gray, silty and clayey, fine SAND with
varying amounts of rock and shell fragments ISM, SP-SM. Sel
27 - 44 Very loose and loose, light gray, clayey SILT with limestone and shell
fragments (ML]
44 - 50. Soft and medium, light gray, sandy CtA Y with shell fragments {Cll
.- . atlon of Deepest Boring
I (] Bracketed Text Indicates: Unified Soil Classification
Significant variations in the depth, thickness and consistency of the aforementioned soil strata
occurred at the individual test boring locations. Of note in the General Soil Profile was the
presence of very loose and loose organic material which was found generally between 3 and 18
feet below existing grade at the test boring locations. We believe the organic materials are natural
vegetation which have been fdled over sometime in the past. These materials are not suitable for
the support of foundations, the floor slab. as well as any other soil supported elements.
We measured groundwater at depths of 3.3 to 3.4 feet below existing grade at the time of our
exploration. The difference in groundwater levels can mainly be attributed to variations in the
topography at the boring locations. The groundwater level will fluctuate with seasonal rainfall and
possibly tidal fluctuations within the nearby body of water (Gulf of Mexico). Fluctuations in
groundwater levels should be anticipated throughout the year, primarily due to seasonal variations
in rainfall, surface runoff and other factors that may vary from the time the borings were conducted.
'.iIIS3O.100000711.COClD.....1lfV&I'G - -......WDO
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Order No: 0530.1000078.0000
4.0 RECOMMENDATIONS
4.1 GENERAL
The following recommendations are made based upon a review of the attached soil test data, our
understanding of the proposed construction and experience with similar projects and subsurface
conditions. If the structural loadings, building location or grading plans change from those
discussed previously, we request the opportunity to review and possibly amend our
recommendations with respect to those changes.
Additionally I if subsurface conditions are encountered during construction which were not
encountered in the borings. report those conditions immediately to us for observation and
recommendations.
In this section of the report. we present our detailed recommendations for building foundations,
building pad preparation and construction related services.
4.2 BUILDING FOUNDATIONS
We recommend the new structures be supported on low capacity 10 or 12-inch square. driven.
pres-stressed concrete piles embedded into the very loose and loose sands found at varying
depths below the grade at the time of our exploration. Our recommendations for pile embedment
depths are based solely on soil related considerations and have not taken into account any stann
surge or erosion considerations.
Pile computations were made by using a static analysis method to estimate ultimate capacity of
10- and 12-inch square piles bearing at various depths below existing grade. Based on these
analyses, a recommended embedment depth and allowable loads per pile were developed and are
presented in Table 2. These compressive and uplift allowable values include factors of safety of
3 and 2, respectively against computed ultimate values. It should be noted that the allowable uplift
values do not include the weight of the pile.
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Order No: 0530.1000078.0000
TABLE 2
Pile Foundation Recommendations
.
PILE:TYPE AND SIZE. ,- . -EMBEDMENT DEPTH.
. -
ALLOWABLE ..
UPUFT LOAD"
CAPACITY "
(TonsL ..:;: .
2
3
5
6
8
10
2
4
5
7
9
11
..
. -
,'...
Square Pre-stressed
Concrete
10" x 10"
20 feet
25 feet
30 feet
35 feet
40 feet
45 feet
20 feet
25 feet
30 feet
35 feet
40 feet
45 feet
Square Pre-stressed
Concrete
12" x 12"
ALLOWAB~-
COMPRESSIVE
LOAD-
CAPACITY.'.::-
(Tonsl ... ..
7
9
10
12
13
14
9
11
13
15
17
18
"Depth below existlna grade at the time of ttle exploration. The total pUe length would have to be increased as nec:essaty
to accommodate the height of any additional fill placed in the building ares.
The size of the proposed pile foundations can be selected from Table 2 based on the required load
capacity of the individual piles. materials availability and economic considerations. Providing a
lateral pile capacity analysis was beyond the contracted scope of services for this study. However,
for your preliminary consideration, normally reinforced, vertically aligned deep foundations with at-
grade pile head and embedded in subsurface conditions similar to those at this site, can typically
support lateral loads on the order of 5 percent of their compressive capacity with tolerable lateral
deflections. If the design horizontal loads on the deep foundations exceed 5 percent of the
allowable compressive capacity, the upper pile is unsupported, or if deflection criteria win govern
the design. we recommend that a detailed lateral capacity analysis be performed. If requested,
UES can provide the additional capacity analysis.
The pile embedment depth and capacities indicated are based on a theoretical analysis and should
be satisfactory for design purposes. However, the actual pile lengths for production should be
based upon the results of a test pile program. As a minimum. we recommend the test pile program
include performing a wave equation analysis to establish a driving criteria based on penetration
resistance and driving at least four Indicator piles to evaluate the penetration resistance being
obtained in various portions of the foundation area. Based on the results of the test pile program,
final production lengths can be established.
During driving piles through low resistance materials. such as the zones of very loose organic
material, tension stresses will be induced within the piles. The pile driving hammer should be large
enough to adequately drive the piles without unusual blow counts. but not so large as they create
excessive compression or tension stresses during pile driving. The wave equation analysis
conducted prior to pile installation can provide valuable information assessing the hammer
capabilities.
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Order No: 0530.1000078.0000
The development of skin friction was utilized in our analysis for driven piles. For this reason. we
recommend that any pre-drilling be limited to that required to set or align the pile (maximum 2 to
3 feet).
We have not included in our evaluation, an estimate for the potential negative skin friction or
downdrag resulting from the consolidation of the organic material due to the loads imposed by the
additional fill material placed in the building area. The above allowable load capacities may need
to be reduced to compensate for the down drag forces should more than 2 to 3 feet of fill be
required to achieve the desired ground level elevation. Alternatively, a coating or membrane could
be placed around the top portion of the pile to reduce the skin friction of the new fill around the pile.
We would be glad to evaluate the potential negative skin friction in more detail once the proposed
site grades are finalized. should you so desire.
We wish to point out that our estimated pile capacities are based upon a single, free standing pile
statically analyzed. Piles may have significantly different capacities in groups; similarly, pile groups
may settle significantly more than single piles. To help mitigate group action of plies, piles should
normally be separated by a minimum of at least 3 pile diameters.
The final design of a pile supported foundation system is dependent upon adequate integration of
geotechnical and structural engineering considerations. Consequently. UES must review proposed
structural pile loadings and proposed pile foundation design prior to completion of foundation plans
in order to evaluate the effectiveness and app6cability of our initial analyses. and to determine if
additional recommendations may be warranted. Without such a review the recommendations
presented herein could be misinterpreted or misapplied resulting in design Inefficiencies and
potentially higher installation costs.
To help assure that pile foundation systems will perform as required, we recommend that the
foundation installation be monitored and reviewed by our firm.
The vibration resulting from ground displacement during the driving of the piles may disturb the
nearby structures particulany if they are supported on shallow foundations. We recommend that
you monitor the nearby structures before and during the driving of the piles. If disturbance Is noted.
halt installation and inform Universal Engineering Sciences immediately. We will review the
installation procedures and evaluate the installation process to provide recommendations to
minimize disturbance.
4.4 GROUND LEVEL SLAB
Settlement of all shallow soil supported elements such as the ground level slab and any other
shallow soil supported elements are likely due to the very loose organic material underlying the site.
The amount and time frame of the potential settlement is very difficult to predict due to the variable
nature and consistency of the very loose organic containing stratum. The settlement to some
extent will be dependent upon external factors such as fluctuations in the water table and site
grading scheme.
iOS3ll 1D00007e.OlIUOllde.......-. _ ""9Sl"'I-
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Order No: 0530.1000078.0000
Although site preparation procedures such as the removal of a portion of the organic stratum and
replacement with compacted fill may help reduce the potential movement, it will not eliminate the
possibility of settlement of ground supported elements. To eliminate the possibility of potential
settlement, the ground level slab and any other ground supported elements should be supported
on driven piles and a grade beam system. If the ground level slab or other ground supported
elements are not structurally supported, they should be isolated from the pile supported
foundations and designed to accommodate both total and differential settlements.
4.5 CONSTRUCTION RELATED SERVICES
We recommend that the owner retain Universal Engineering Sciences. Inc. to evaluate the pile
driving criteria and monitoring services during building pad preparation and pile installation on this
project. The monitoring program should include performing a wave equation: evaluating the
indicator pile installation; recording the penetration resistance of the piles during the driving process
and verification of the allowable pile capacity estimated from the wave equation.
The geotechnical engineering design does not end with the advertisement of the construction
documents. The design is an on-going process throughout construction. Because of our familiarity
with the site conditions and the intent of the engineering design, we are most qualified to address
problems that might arise during construction in a timely and cost-effective manner.
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Order No: 0530.1000078.0000
5.0 LIMITATIONS
This report has been prepared in order to aid the architecUengineer in the design of the proposed
residential structure. The scope of services provided were limited to the specific project and
locations described herein. The description of the project's design parameters represents our
understanding of significant aspects relevant to soil and foundation characteristics.
No site or project facilities/improvements, other than those described herein, should be
designed using the soli Information presented in this report. Moreover, UE$ will not be
responsible for the petformance of any site improvement so designed and constructed.
We note that since the applicability of geotechnical recommendations is very dependent
upon project characteristics, most specifically: Improvement locations, grade alterations.
and actual structural loads applied, UES must review the preliminary and final site and
grading plans, and structural design loads to validate all recommendations rendered herein.
WIthout such review our recommendations should not be relied upon for fina' design or
construction of any site improvements.
The recommendations submitted in this report are based upon the data obtained from the limited
number of soil borings performed at the locations indicated on the Boring location Plan and from
other information as referenced. This report does not reflect any variations which may occur
between the boring locations or unexplored areas of the site. This report should not be used for
estimating such items as cut and fill quantities.
Our field exploration found unsuitable or unexpected materials at the time 01 occurrence. However,
borings for a typical geotechnical report are widely spaced and generally not sufficient for reliably
detecting the presence of isolated. anomalous surface or subsurface conditions, or reliably
estimating unsuitable or suitable material quantities. Accordingly. UES does not recommend relying
on our boring information to negate presence of anomalous materials or for estimation of material
quantities unless our contracted services specifically in dude sufficient exploration for such
purpose(s) and within the report we so state that the level of exploration provided should be
sufficient to detect such anomalous conditions or estimate such quantities. Therefore, UES will not
be responsible for any extrapolation or use of our data by others beyond the purpose(s) for which
it is applicable or Intended.
All users of this report are cautioned that there was no requirement for Universal to attempt to
locate any man-made buried objects or identify any other potentially hazardous conditions that may
exist at the site during the course of this exploration. Therefore no attempt was made by Universal
to locate or Identify such concerns. Universal cannot be responsible for any burled man-made
objects or environmental hazards which may be subsequently encountered during construction that
are not discussed within the text of this report. We can prOVide this service if requested.
For a further description of the scope and limitations of this report please review the document
attached within Appendix C "Important Information About Your Geotechnical Engineering Report"
prepared by ASFE. an association of firms practicing in the geosciences.
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Order No: 0530.1000078.0000
6.0 SUMMARY
Project Name: Proposed Restroom Structure - Delnor-Wiggins Pass State Recreation Area
Project Location: Naples, Collier County, Florida
Foundation Deslon:
Foundation Type:
Driven Piles
Embedment Depth: 20, 25, 3D, 35, 40 and 45 feet
Pile Type & Size:
10 or 12-inch Square Pre-stressed Concrete Piles
Other:
Significant variations in the depth, thickness and consistency of the
aforementioned soU strata occurred at the individual test boring locations.
Of note in the General Soil Profile was the presence of very loose organic
material which was found generally between 3 and 18 feet below existing
grade at the test boring locations. We believe the organic materials are
natural vegetation which have been filled over sometime in the past. These
materials are not suitable for the support of foundations, the floor slab, as
well as any other soil supported elements.
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CLIENT: LIEBL AND BARROW
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RESTROOM BUILDING - DELNOR - WIGGINS PASS
- COLLIER COUNTY
NAPLES. FLORIDA
SITE LOCAll()f'fPlAM
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PROJECT:
CLIENT:
LOCATION:
REMARKS:
PROJECT NO.: ll53O.Iooo078.oo
UNIVERSAL ENGINEERING SCIENCES REPORT NO.: NlA
BORING LOG PAGE B-2
RESTROOM BLDG. - DELNOR . WIGGINS PASS - COLl.IER CTY.
STATE RECREATION AREA
NAPLES. FLORIDA
UEBL AND BARROW
SEE BORING LOCATION PLAN
BORING DESIGNATION: B-1
SECTION: TOWNSHIP:
G.S. ELEV. (ft):
WATER TABLE (ft);
DATE OF READING:
EST. W.S.W.T. (II):
S
A BLOWS N
DEPTH ~ PER 6" IBLOWSi WT
(FT.) L INCREMENT FT I
e
o
s
y
M
B
o
l
DESCRIPTION
SHEET: 1 of 2
RANGE:
DATE STARTED: 1217/10
3.3 DATE FINISHED: 1217110
1217/10 DRILLED BV; RAY
TYPE OF SAMPLING: ASTM 0,'586
-200
(%)
A TTERBERG
UMlTS K
(CWSEC)
ORG
CONT
('16)
Gray and fine SAND with rock ( SP I
AUGER
.1
Me
('16)
U. P1
5 Very loose to loose, light gray and brown,
1-F.1 fine SAND with slit. organICS and shell
fragments ( SpoOL ]
3-5-5 10
:: ~. :: Very loose. rreeniSh-grav, clayey, fine
3-'-1 2 ".' . SAND(SC
. ',.
. .
:. ~: .":
10 . ., ... 0_.. , ...... . ...
F-F-1 o. ..
. .'
....
Very loose, light ~~. fine SAND with clay,
organics and she fragments [ SpoOL )
15
20
25
.,1.-F..F. " F ,., .
. .. .,.. . ...., . .... ......... .10. . .. 47
.F~1.3... . . 4 .
:.:.;:. ve~ loose, dark gray, fine SAND with silt
~r's -~Ml . ... ..... ...... ..
,.2.1.2.. 3
Very loose. light gray. silty. fine SAND with
rode and shell fragments I SM )
m
UNIVERSAL ENGINEERING SCIENCES PROJECT NO.: 0530.1000078.00
REPORT NO.: N/A
BORING LOG PAGE: B-3
PROJECT: RESTROOM BlDG. - DELNOR - WIGGINS PASS - COLLIER CTY. BORING DESIGNATION: B-1
STATE RECREAT10N AREA SECTION: TOWNSHIP:
NAPlES. flORIDA
s S
DEPTH ~ BLOWS N ~
(FT) p PERa- (BLOWSI W.T. B
L INCREMENT FT.) 0
E l
30
35
...1-1.1.. 2..
....1.1,1. ... ....2.., .......
40 ....'.,..4......5..
46
50
.. 1.-2.1., ..3..... ...
1.1.2.
3. ..
SHEET: 2 of 2
RANGE:
DeSCRIPTION
-200
(~)
ATTERBERG
UM!TS
Me
(%)
K OItG
(CMlSEC) c:r.
PI
u.
Vef'lloose to loose. light gray, clayey SILT
witti limestone and shell fiagments
( ML]
Very loose. light grav, clayey SILT with
limestone ana shell fragments ( ML ]
. ............... .... ...., ... ... .......' ....... .... -, ........ ....... '...
Soft. tight 91!Y, sandy CLAY with shell
fragments I CL ]
Boring Terminated at 50.0 FT.
S &
A BLOWS N Y
DEPTH U PER&" (BLOWS! W.t. M
(FT.) P B
L INCREMENT FT.) 0
E
0
AUGER
2-3-4 7
.1-
3-2-3 5
S ..... . .-. . .... ..,
3-4-6 10
4-3- , 4
F-F-F F
10 .............,. .....
f-1-F 1
B3
PROJECT:
CUENT:
LOCATION:
REMARKS:
15
20
25
PROJECT NO.: 0530.1??oo78.00
UNIVERSAL ENGINEERING SCIENCES REPORT NO.: NfA
BORING LOG PAGE: 8-4
RESTROOM BLDG. . DELNOR - WIGGINS PASS - COLLIER CTY.
STATE RECREATION AREA
NAPLES. FLORIDA
WEBl AND BARROW
SEE BORING LOCATION PLAN
BORING DESIGNATION: B-2
SeCTION: TOWNSHIP:
SHEET: 1 of 2
RANGE:
G.S. ElEV (ft):
WATER TABLE (ft):
DATE OF READING:
EST. W.S.W.T. (ft):
DATE STARTED: 12/7110
3." DATE FINISHED: '217110
1217"0 DRILLED BY: RAY
TYPE Of SAMPUNG: ASlM 0-1586
DESCRIPTION
.200
(%)
A1TERBERG
UMITS
K ORG
ICMtSECI CONT.
I"')
LtC
("'I
LL PI
Gray and fine SAND with rock [ SP ]
loose. dar1c gray and brown, fine SAND
with slit, rock 8M shen fragments
[ SP.SM J
Loose. light gray and brown fine SAND
with sin. organics and shell fragments
( SpoOL ]
...... .........'....'.......................... . . ...... ............ ....0" . ... ,. .........0 .._ .....
..F.-1:F..... ...1.
Very loose. dark gray. fine SAND with clay.
organics and shen fragments
.J~p'.o~.l ... ........ . .... .
V~ 1005&, light gray, silty. fine SAND
[SM)
.'
....F.-F.:-3.... ...3 .....
.. .2-2,1.... . . 3.... ......
. .~~,:n~~~~;Vf.~.r..~~~.~N.~.
m
PROJECT NO.: 0530.1 ??oo78.00
UNIVERSAL ENGINEERING SCIENCES REPORT NO.; NlA
BORING LOG PAGE: B-5
PROJECT: RESTROOM BLDG. . DELNOR - WIGGINS PASS. COLLIER CTY. BORING DESIGNATION: B-2
STATE RECREAnON AREA SECTION: TOWNSHIP:
NAPLES, FLORIDA
S S
DEPTH Q BLOWS N Y
(FT) P PER 8" (8LOWSI W.T. ~
. l INCREMeNT FT.) 0
E L
30
.. 1.1.1. . 2
35
....1.1.1..... ..2.... ..
40
...1~"1. .. 4.
45
... 1-2.,... ....3
50
....'.2.3 ... . ..5.
DESCRIPTION
Very loose. fight g~, clayey SILT with
limestone and sh8l1 fragments ( ML ]
Medium, light gray. sandy CLAY with shell
fragments ( C[ ]
Boring lennlnated at 50.0 FT.
-200
(~)
5:1..
SHEET: 2 of 2
RANGE:
MC
I~)
ATTERBERG
UMITS
LL
K ORG.
(CUlSEC) ~.
PI
34..
CONSTRAINTS AND RESTRICTIONS
WARRANTY
Universal Engineering Sciences has prepared this report for our client for his exclusive use, in
accordance with generally accepted soil and foundation engineering practices, and makes no other
warranty either expressed or implied as to the professional advice provided in the report.
UNANTICIPATED SOIL
The analysis and recommendations submitted in this report are based upon the data obtained from
soil borings performed at the locations indicated on the boring Location Plan. This report does not
reflect any variations which may occur between these borings.
The nature and extent of variations between borings may not become known until excavation
begins. If variations appear, we may have to re-evaluate our recommendations after performing
on-site observations and noting the characteristics of any variations.
CHANGED CONDITIONS
We recommend that the speclfications for the project require that the contractor immediately notify
Universal Engineering Sciences, as well as the owner, when subsurface conditions are
encountered that are different from .those.present in. this report.
No claim by the contractor for any conditions differing from those anticipated In the plans.
specifications, and those found. In this report.. should be allowed unless the contractor notifies the
owner and Universal Engineering Sciences of such changed conditions. Further, we recommend
that all foundation work and site improvements be observed by a representative of Universal
Engineering Sciences to monitor field conditions and changes, to verify design assumptions and
to evaluate and recommend any appropriate modifications to this report.
MISINTERPRETATION OF SOIL ENGINEERING REPORT
Universal Engineering Sciences is responsible for the conclusions and opinion contained within this
report based upon the data relating only to the specific project and location discussed herein. If
the conclusions or recommendations based upon the data presented are made by others, those
conclusions or recommendations are not the responsibility of Universal Engineering Sciences.
CHANGED STRUCTURE OR LOCATION
This report was prepared in order to aid in the evaluation of this project and to assist the architect
or engineer in the design of this project. If any changes in the design or location of the structure
as outlined in this report are planned, or if any structures are included or added that are not
discussed in the report, the conclusions and recommendations contained in this report shall not be
considered valid unless the changes are reviewed and the conclusions modified or approved by
Universal Engineering Sciences.
..
USE OF REPORT BY BIDDERS
Bidders who are examining the report prior to submission of a bid are cautioned that this reportwas
prepared as an aid to the designers of the project and it may affect actual construction operations.
Bidders are urged to make their own soil borings, test pits, test caissons or other investigations
determine those conditions that may affect construction operations. Universal Engineering
Sciences cannot be responsible for any interpretations made from this report or the attached boring
logs with regard to their adequacy in reflecting subsurface conditions which will affect construction
operations.
STRATA CHANGES
Strata changes are indicated by a definite line on the boring logs which accompany this report.
However, the actual change in the ground may be more gradual. Where changes occur between
soil samples, the location of the change must necessarily be estimated using all available
information and may not be shown at the exact depth.
OBSERVATIONS DURING DRIWNG
Attempts are made to detect and/or identify occurrences during drilling and sampling, such as:
water level, boulders, zones of lost circulation, relative east or resistance to drilling progress,
unusual sample recovery, variation of driving resistance, obstructions. etc.; however, lack of
mention does not preclude their presence.
WATER LEVELS
Water level readings have been made in the drill holes during drilling and they indicated nonnally
occurring conditions. Water levels may not have been stabilized at the last reading. This data has
been reviewed and interpretations made in this report. However, it must be noted that fluctuation
in the level of the groundwater may occur due to variations in rainfall, temperature, tides, and other
factors not evident at the time measurements were made and reported. Since the probability of
such variations is anticipated. design drawings and specifications should accommodate such
possibilities and construction planning should be based upon such assumptions and variations.
LOCATION OF BURIED OBJECTS
All users of this report are cautioned that there was no requirement for Universal Engineering
Sciences to attempt to locate any man-made. buried objects during the course of this ~xplo~tion
an~ that no attempt was made by Universal Engineering Sciences to locate any suc~ b':lned objects
which are subsequently encountered during construction that are not discussed within the text of
this report.
TIME
This report reflects the soil conditions at the time of investigation. If the report is not used in a
reasonable amount of time. significam changes to the site may occur and additional reviews may
be required.
APPENDIX B
ALTERNATE BID PRESTRESSED CONCRETE PILES
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL AVENUE BEACH TURNAROUND
NAPLES, FLORIDA
APPENDIX B - ALTERNATE BID PRESTRESSED CONCRETE PILES
PART I - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
B. Soils and Foundation Report by Universal Engineering Sciences is included in an appendix
to these specifications.
1.2 ALTERNATE BID SUMMARY
A. This Section includes solid, prestressed, precast concrete piles.
1.3 PERFORMANCE REQUIREMENTS
A. Structural Performance: Provide piles capable of withstanding transportation, erection, and
driving stresses and design loads within limits indicated and under conditions existing at
Project site.
B. Refer to Structural Drawings and Geotechnical Report for piling size and capacity.
1.4 SUBMITTALS
A. Product Data: For each type of product indicated.
B. Shop Drawings: Prepared by or under the supervision of a qualified professional engineer
detailing fabrication and lifting devices necessary for handling and driving piles.
1. Indicate pile dimensions and cross sections; locations and sizes. Show details of pile
splices and shoes.
2. Indicate types of reinforcement, including prestressing strand, detailing fabricating,
bending, and placing.
APPENDIX B 1
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL AVENUE BEACH TURNAROUND
NAPLES, FLORIDA
3. Indicate layout and dimensions, and identify each precast concrete pile. Indicate
welded connections by A WS standard symbols. Detail cast-in hardware.
4. Include structural analysis data signed and sealed by the qualified professional
engineer responsible for their preparation.
C. Design Mixes: For each precast concrete mix.
D. Material Certificates: Signed by manufacturers certifying that each of the following items
complies with requirements:
1. Concrete materials.
2. Reinforcing materials.
3. Prestressing strands.
4. Admixtures.
E. Pile-Driving Equipment: Include type, make, maximum rated energy, and rated energy per
blow of hammer; weight of striking part of hammer; weight of drive cap; details, type, and
structural properties of hammer cushion and pile cushion; and details of follower and
jetting equipment.
F. Driving Records: Submit within two days of driving piles.
1.5 QUALITY ASSURANCE
A. Installer Qualifications: An experienced installer who has specialized in installing piling
similar in material, design, and extent to that indicated for this Project.
B. Fabricator Qualifications: A firm experienced in producing prestressed, precast concrete
piles similar to those indicated for this Project and with a record of successful in-service
performance.
C. Survey Work: Provide pile-driving records, including surveys, layouts, and measurements,
prepared by a surveyor or professional engineer who is legally qualified in jurisdiction
where Project is located to perform these kinds of services.
D. Professional Engineer Qualifications: A professional engineer who is legally qualified to
practice in jurisdiction where Project is located and who is experienced in providing
engineering services for piles that are similar to those indicated for this Project in material,
design, and extent.
APPENDIX B
2
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL AVENUE BEACH TURNAROUND
NAPLES, FLORIDA
E. Testing Agency Qualifications: An independent testing agency, acceptable to authorities
havingjurisdiction, qualified according to ASTM C 1077 and ASTM E 329 to conduct the
testing indicated, as documented according to ASTM E 548.
F. Design Practices: Comply with PCI Committee Report: "Recommended Practice for
Design, Manufacture and Installation of Prestressed Concrete Piling."
G. Quality-Control Standard: Comply with applicable requirements of PCI MNL-116,
"Manual for Quality Control for Plants and Production of Precast and Prestressed Concrete
Products," including manufacturing and testing procedures, quality-control
recommendations, and dimensional tolerances.
H. Comply with requirements of the following publications:
1. ACI 301, IISpecifications for Structural Concrete.1I
2. ACI 318, IIBuilding Code Requirements for Structural Concrete. II
1.6 DELIVERY, STORAGE, AND HANDLING
A. Deliver prestressed, precast concrete piles to Project site in such quantities and at such
times to ensure continuity of installation. Handle and store piles at Project site to prevent
cracking, distorting, warping, or other physical damage, and so markings are visible.
B. Lift and support units only at designated lifting or supporting points as shown on Shop
Drawings.
PART 2 - PRODUCTS
2.1 FORM WORK
A. Forms: Provide forms of metal, plastic, wood, or another material that is nonreactive with
concrete and will produce required finish surfaces.
2.2 REINFORCING MATERIALS
A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60; deformed.
B. Steel Wire: ASTM A 82, plain, cold drawn.
APPENDIX B
3
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL AVENUE BEACH TURNAROUND
NAPLES, FLORIDA
2.3 PRESTRESSING TENDONS
A. Prestressing Strand: ASTM A 416/A 416M, Grade 250; uncoated, seven-wire,
low-relaxation strand.
2.4 CONCRETE MATERIALS
A. General: Use materials that result in concrete with a maximum water-soluble chloride-ion
content of 0.06 percent by weight of cementitious material.
B. Portland Cement: ASTM C 150, Type II.
C. Fly Ash: ASTM C 618, Class C or Class F.
D. Silica Fume: ASTM C 1240, amorphous silica.
E. Normal-Weight Aggregates: ASTM C 33, Class 4S.
1. Nominal Maximum Size of Aggregate: 3/4 inch.
F. Water: Potable.
G. Air-Entraining Admixture: ASTM C 260, certified by manufacturer to be compatible with
other required admixtures.
H. Water-Reducing Admixture: ASTM C 494, Type A.
I. High-Range, Water-Reducing Admixture: ASTM C 494, Type F.
J. Water-Reducing and Accelerating Admixture: ASTM C 494, Type E.
K. Water-Reducing and Retarding Admixture: ASTM C 494, Type D.
2.5 CONCRETE MIXES
A. Prepare design mixes for each type of concrete required.
1. Limit use of fly ash and silica fume to not exceed, in total, 25 percent of portland
cement by weight.
APPENDIX B 4
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL AVENUE BEACH TURNAROUND
NAPLES, FLORIDA
B. Design mixes may be prepared by a qualified independent testing agency or by qualified
precast manufacturing plant personnel at precast fabricators option.
C. Proportion mixes by either laboratory trial batch or field test data methods according to
ACI 211.1 and ACI 301, using materials to be used on Project, to provide concrete with the
following properties:
1. Compressive Strength (28 Day): 5000 psi.
2. Maximum Water-Cementitious Material Ratio: 0.40.
D. Add air-entraining admixture at manufacturer's prescribed rate to result in normal-weight
concrete at point of placement having an air content as follows:
1. Air Content: 2.5 to 4.5 percent.
E. Other Admixtures: Use water-reducing, high-range water-reducing, water-reducing and
accelerating, or water-reducing and retarding admixtures according to manufacturer's
written instructions.
2.6 FABRICATION
A. Pile Lengths: Pile lengths will be verified by Architect after submitting static pile test
reports.
B. Formwork: Accurately construct forms, mortar tight, of sufficient strength to withstand
pressures due to concrete placement, temperature changes, and for pretensioning and
detensioning operations. Maintain formwork to provide completed prestressed concrete
piles of shapes, lines, and dimensions indicated, within fabrication tolerances specified in
PCI MNL-116.
1. Unless forms are stripped before detensioning, design forms so stresses are not
induced in prestressed concrete piles due to deformation of concrete under prestress
or movement during detensioning.
2. Chamfer edges and corners of square piles.
C. Reinforcement: Comply with recommendations ofCRSrs "Manual of Standard Practice"
for fabricating, placing, and supporting reinforcement. Clean reinforcement of loose rust
and mill scale, earth, and other materials that reduce or destroy bond with concrete.
1. Accurately position, support, and secure reinforcement against displacement by
formwork, construction, or concrete placement. Locate and support reinforcement
by metal chairs, runners, bolsters, spacers and hangers, as required.
APPENDIX B 5
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL AVENUE BEACH TURNAROUND
NAPLES, FLORIDA
2. Place reinforcement to obtain at least the minimum coverages for concrete protection.
Arrange, space, and securely tie bars and bar supports to hold reinforcement in
position while placing concrete. Set wire ties so ends are directed into concrete, not
toward exposed concrete surfaces.
D. Pretensioning: Pretension tendons either by single-strand or multiple-strand tensioning
method.
E. Concrete Mixing: Comply with requirements and with ASTM C 94. Following concrete
batching, no additional water may be added.
F. Concrete Placement: Place concrete in a continuous operation to prevent seams or planes
of weakness from forming. Comply with requirements of ACI 304R for measuring,
mixing, transporting, and placing concrete.
1. Thoroughly consolidate placed concrete by internal and external vibration without
dislocating or damaging reinforcement and built-in items. Use equipment and
procedures complying with ACI 309R.
2. Comply with ACI 306R procedures for cold-weather concrete placement.
3. Comply with ACI 305R procedures for hot-weather concrete placement.
G. Identify pickup points of precast concrete piles with permanent markings, complying with
markings indicated on Shop Drawings. Imprint casting date on each precast unit.
H. Cure concrete by moisture retention without heat or by accelerated heat curing, using
low-pressure live steam or radiant heat and moisture.
I. Delay detensioning prestressed concrete piles until concrete has attained at least 70 percent
ofits compressive strength as established by test cylinders cured under the same conditions
as concrete.
1. If concrete has been heat cured, detension while concrete is still warm and moist to
avoid dimensional changes that may cause cracking or undesirable stresses.
2. Detension pretensioned tendons either by gradually releasing tensioning jacks or by
heat-cutting tendons, using a sequence and pattern to prevent shock or unbalanced
loading.
1. Where ends of strands will not be enclosed or covered, cut flush and cover with a
high-strength mortar bonded to unit with an epoxy-resin bonding agent.
K. Finish fonned surfaces ofprecast concrete as indicated for each type of unit, and as follows:
APPENDIX B
6
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL AVENUE BEACH TURNAROUND
NAPLES, FLORIDA
1. Standard Finish: Normal plant-run finish produced in forms that impart a smooth
finish to concrete. Small surface holes caused by air bubbles, normal color
variations, fonnjoint marks, and minor chips and spalls will be tolerated. Major or
unsightly imperfections, honeycombs, or structural defects are not permitted.
L. finish unformed surfaces by trowel, unless otherwise indicated. Consolidate concrete,
bring to proper level with straightedge, float, and trowel to a smooth, uniform finish.
M. Pile-Length Markings: Mark each pile length with horizontal line at 12-inch intervals, and
the distance from pile tip at 60-inch intervals.
2.7 SOURCE QUALITY CONTROL
A. Owner will employ an independent testing agency to evaluate precast concrete fabricator's
quality-control and testing methods.
1. Allow Owner's testing agency access to material storage areas, concrete production
equipment, concrete placement, and curing facilities. Cooperate with Owner's testing
agency and provide samples of materials and concrete mixes as may be requested for
additional testing and evaluation.
B. Strength of precast concrete units will be considered deficient if units fail to comply with
requirements.
C. Testing: If there is evidence that the strength of precast concrete units may be deficient or
may not comply with requirements, Owner will employ an independent testing agency to
obtain, prepare, and test cores drilled from hardened concrete to determine compressive
strength according to ASTM C 42.
1. A minimum of three representative cores will be taken from precast concrete piles
of suspect strength, from locations directed by Architect.
2. Cores will be tested, following immersion in water, in a wet condition per ACI 301
when precast concrete units will be wet under service conditions.
3. Cores will be tested in an air-dry condition per ACI 301 when precast concrete units
will be dry under service conditions.
4. Strength of concrete for each series of three cores will be considered satisfactory if
the average compressive strength is at least 85 percent of the 28-day design
compressive strength and no core compressive strength is less than 75 percent of the
28-day design compressive strength.
APPENDIX B 7
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEBILL A VENUE BEACH TURNAROUND
NAPLES, FLORIDA
5. Test results will be made in writing on the same day that tests are performed, with
copies to Architect, Contractor, and precast fabricator. Test reports will include the
Project identification name and number, date, name of precast concrete fabricator,
and name of concrete testing agency; identification letter, name, and type of precast
concrete unit or units represented by core tests; design compressive strength; type of
break; compressive strength at break, corrected for length-diameter ratio; and
direction of applied load to core in relation to horizontal plane of concrete as placed.
D. Patching: If core test results are satisfactory and precast concrete units comply with
requirements, solidly fill core holes with patching mortar and finish to match adjacent
concrete surfaces.
E. Defective Work: Discard precast concrete units that do not comply with requirements,
including strength, manufacturing tolerances, and finishes. Replace with precast concrete
units that comply with requirements.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Site Conditions: Do not start pile-driving operations until earthwork fills have been
completed or excavations have reached an elevation of 6 to 12 inches above bottom of
footing or pile cap.
3.2 DRIVING EQUIPMENT
A. Pile Hammer: Air-, steam-, or diesel-powered type capable of consistently delivering
driving energy to pile within range recommended by hammer manufacturer for length and
weight of pile and character of subsurface material anticipated.
B. Hammer Cushions, Driving Caps, and Pile Cushions: Between hammer and top of pile,
provide hammer cushion, loosely fitted steel driving cap allowing rotation of pile without
restraint, and replaceable pile cushion recommended by hammer manufacturer for type of
piles.
C. Leads: Use fixed or rigid-type pile-driver leads that will hold full length of pile firmly in
position and in axial alignment with hammer. Extend leads to within 24 inches of elevation
at which pile enters ground.
3.3 DRIVING PILES
APPENDIX B
8
COLUERCOUNTYCOASTALZONEMANAGEMrnNT
BLUEBILL AVENUE BEACH TURNAROUND
NAPLES, FLORIDA
A. General: Continuously drive piles to tip elevations or penetration resistance indicated.
Establish and maintain axial alignment of leads and pile before and during driving.
B. Driving Tolerances: Drive piles without pile heads exceeding the following tolerances:
1. Location: 3 inches after pile driving is completed.
2. Plumb: Maintain 1 inch in 10 feet from verticalt or a maximum of 4 inches,
measured when pile is above ground in leads.
3. Batter Angle: Maximum 1 inch in 10 feet from required angle, measured when pile
is above ground in leads.
C. Withdraw damaged or defective piles and piles that exceed driving tolerances and install
new piles within driving tolerances. Fill holes left by withdrawn piles as directed by
Architect.
1. Rejected piles may be abandoned and cut off as directed by Architect.
2. Leave rejected piles in place and install new piles in locations as directed by
Architect.
3. Fill holes left by withdrawn piles that will not be filled by new piles using
cohesionless soil material such as gravel, broken stone, and gravel-sand mixtures.
Place and compact in lifts not exceeding 72 inches.
D. Cutting off: Cut off tops of driven piles square with pile axis and at elevations indicated.
E. Build-ups: Construct build-up to elevations indicated of cast-in-place reinforced concrete
with compressive strength not less than 5000 psi at 28 days.
F. Driving Record: Maintain accurate driving records for each pile. Include the following
data:
G. Driving Record: Maintain accurate driving records for each pilet compiled and attested to
by a qualified professional engineer. Include the following data:
1. Project name and number.
2. Name of Contractor.
3. Type of pile and date of casting.
4. Pile location in pile group and designation of pile group.
5. Sequence of driving in pile group.
6. Pile dimensions.
APPENDIX B 9
COLLIER COUNTY COASTAL ZONE MANAGEMENT
BLUEB~LAVENUEBEACHTURNAROUND
NAPLES, FLORIDA
7. Ground elevation.
8. Elevation of tip after driving.
9. Final tip and cutoff elevations of pile after driving pile group.
10. Records of redriving.
I 1. Elevation of splices.
12. Type, make, model, and rated energy of hammer.
13. Weight and stroke of hammer.
14. Type of pile -driving cap used.
15. Cushion material and thickness.
16. Actual stroke and blow rate of hammer.
17. Pile-driving start and finish time; and total driving time.
18. Time, pile-tip elevation, and reason for interruptions.
19. Record of number of blows for each 12 inches of penetration, and number of blows
per I inch for the last 6 inches of driving.
20. Pile deviations from location and plumb.
21. Record preboring,jetting, or special procedures used.
22. Record of unusual occurrences during pile driving.
3.4 FIELD QUALITY CONTROL
A. Testing Agency: Contractor shall engage a qualified independent testing agency to perform
field quality-control testing.
3.5 DISPOSAL
A. Remove withdrawn piles and cutoff sections of piles from site and legally dispose of them
off Owner's property.
END OF SECTION APPENDIX B
VICTOR J. LATA VISH ARCHITECT, P.A.
Naples. Florida
APPENDIX B
10
EXHIBIT J
TECHNICAL SPECIFICATIONS
See separate downloadable file from www.collieraov.netlbid
GC-CA-J-1
EXHIBIT J
TECHNICAL SPECIFICIA nONS
1. All roadway materials and work shall be supplied and completed in accordance with
the FOOT "Standard Specifications for Road and Bridge Construction" dated 2006,
as revised to date.
2. Clearing and grubbing shall include only the work areas of the site. Contractor shall
be responsible for restoring all areas disturbed by his work. All disturbed areas shall
be seeded and mulched or sodded to match existing.
3. Design Professional shall be responsible for initial survey control to be used for
construction layout. Contractor shall be responsible for all construction layout.
4. Contractor shall field verify all existing culverts and structures in which connections
are to be made.
5. Contractor shall be responsible for the cost of all backfill and compaction testing
required.
6. Contractor shall coordinate with all utilities for location of existing facilities prior to
construction.
7. Contractor shall maintain stormwater pollution prevention until completion of
construction.
8. Contractor shall be responsible for all Maintenance of Traffic for the project.
Maintenance of Traffic shall be in accordance with the FOOT Standard Index and the
Manual of Uniform Traffic Control Device (MUTCD, Part VI).
9. Contractor shall coordinate his work with all other County Contractors and workers.
10. The project has a schedule of 60 consecutive calendar days to Substantial Completion
and 90 consecutive days to Final Completion. Contractor shall be given a limited
Notice to Proceed upon issuance of a contract to allow submittal of Shop Drawings,
etc. The construction time will not begin until a full Notice to Proceed is issued.
Upon receipt of permits a full Notice to Proceed will be issued. The Contractor shall
immediately begin work on the improvements. At no point may access to Del-Nor
Wiggins State Park be blocked. Temporary measures shall be taken to allow
continued access. Proper Maintenance of Traffic including the use of flagmen shall at
all times be employed during the construction period.
11. Contractor shall provide a Project Sign upon issuance of a Notice to Proceed. In
order to keep the public informed regarding this project, the Contractor shall be
required to provide one (1) construction Project Signs (4'X8') to be placed on-within
G:\PROJ-ENG\C\CCU9O\Bid Documents\Bid Document site won:.do<:
Project Site's as directed by the County. The sign shall be supported by a minimum
of two 4"x 4" white painted posts. The sign shall contain the following information:
The left one quarter (114) of the sign shall contain the current Collier County logo and a
listing of the current Collier County Board of County Commissioners with names and
district.
Donna Fiala - District I
Georgia Hiller - District 2
Tom Henning - District 3
Fred Coyle - District 4
Jim Coletta - District 5
With Specific Note: "Your Tax Dollars at Work"
Color shall be: English Ivy Green Glossy Back Ground with White Letters
Border: Black Glossy
The right three quarters (3/4) side of the sign(s) shall contain the following:
Name of Project: Bluebill A venue Beach Turnaround
Project Design Professional: Q. Grady Minor & Associates, P.A.
Project Management: Collier County Coastal Zone Management Department
Project Completion Date: , 20 II
Color: White Black Ground with English Ivy Green Letters
Border: Black Glossy
The size of the sign(s) shall be four feet (4') high by eight feet (8') wide unless otherwise
required by the County. The sign shall be in the conformance with the Collier County
Land Development Code and in a format approved by the County. The Project Manager
shall be provided a proof of the sign format for approval prior to sign construction.
G:\PROJ.ENG\CICCU9O\Bid DocumcIllsIBld Document sile work.doc
EXHIBIT K
PERMITS
GC-CA-K-1
EXHIBIT K
PERMITS
The following Permits are attached. The Contractor shall review and be familiar with aU
Permit Conditions. All Permit Conditions shall be adhered to, where a conflict exists the
Contractor shall immediately notify the Engineer and Owner.
I) Collier County Site Development Plan Approval - by Owner
2) Collier County Right of Way Pennit - by Owner
FDEP Sewer Permit-Not Required for Main Extension
G:\PROf.ENG\C\CCU9O\Bid Oocumcnls\Bid Documcnl silC wort.doc
EXHIBIT L
STANDARD DETAILS
See separate downloadable file from www.collieraov.netlbid
GC-CA-L-1
EXHIBIT L
STANDARD DETAILS
Plans and specification prepared by: Q. Grady Minor & Associates, P.A. and identified
as follows:
Bluebill Avenue Beach Turnaround as shown on sheets 1 to 12 and LIto L4
Drawin{l No. DescriDtion
1. Cover Sheet and Index ofDrawin~s
2. Aerial Site Plan
3. Existin~ Conditions and Demolition Plan
4. Overall Site Plan
5. Site Plan
6. Utility Plan
7. Gradinsz, Paving and Drainwze Plan
8. Sewer Plan and Profile
9. Gradin~. Pavinll and Drainalle Plan and Details
10. Water and Sewer Details
11. Erosion Control Plan and Details
12. Maintenance of Traffic Plan
O:\PROJ-ENGlC'ICCU9O\Bid DocWIICDIS\Bid Document site wort.doc
EXHIBIT M
PLANS AND SPECIFICATIONS
See separate downloadable file from www.collieraov.netlbid
GC-CA-M-1
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EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
DATE: August 8th, 2011
DEANGELIS DIAMOND
CON S T R U C T ION. INC.
MEMO
TO: Collier County
FROM: Ron Cernohous
RE: Bluebill Ave Beach Access Turnaround
Key Personnel assigned to this project:
Project Manager: Ron Cemohous
ronc@deanqelisdiamond.com
Project Coordinator: Susan Miller
susanm@deanqelisdiamond.com
Superintendent: Doug Aikey
DouqA@DeAnqelisDiamond.com
Safety Director: Mike Casady
mikec@deanqelisdiamond.com
Office contact information:
Deangelis Diamond Construction
6635 Willow Park Dr.
Naples, Fl. 341.09.
(239)-594-1994
s: IDDCIlEstimating and PreconstructionlCommercial JobslBluebill Ave Beach Access & BathroomlKey employee form.doc