#05-3742 (Encore Construction Company)
New Market Road Intersection Improvements at Charlotte Street
COLLIER COUNTY BID NO. 05-3742
COLLIER COUNTY, FLORIDA
(Transportation Projects)
Design Professional:
TE&CM Department
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
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TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID PROPOSAL, 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 E1:
Work Directive Change
EXHIBIT F:
Certificate of Substantial Completion Form
EXHIBIT G:
Final Payment Checklist
EXHIBIT G1:
Certificate of Final Completion
EXHIBIT G2:
Warranty
EXHIBIT H:
General Terms and Conditions
EXHIBIT I:
Supplemental Terms and Conditions
EXHIBIT J:
Technical Specifications
EXHIBIT K:
Permits
EXHIBIT L:
Plans and Specifications prepared by TE&CM Department
and identified as follows: New Market Road Intersection Improvements at
Charlotte Street as shown on the following Plan Sheets: Road Plans,
Pages 1 -14, and Signalization Plans, Pages T1 - T11.
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PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
New Market Road Intersection Improvements at Charlotte Street
COUNTY BID NO. 05-3742
Separate sealed proposals for the construction of New Market Road Intersection Improvements at
Charlotte Street, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier
County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing
Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 7th day of December
2004, at which time all proposals 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 Conference Room, 3301
Tamiami Trail East, Building "G", Naples, Florida 34112 at 2:30 P.M. LOCAL TIME on the 19th day
of November, 2004, at which time all prospective Bidders may have questions answered regarding
the Bidding Documents for this Project. [In instances where the County has deemed the pre-bid to
be Mandatory, the Bidder's failure to attend the pre-bid conference shall result in the rejection of its
bid.]
Sealed envelopes containing bids shall be marked or endorsed "Proposal for Collier County
Government, Collier County, Florida, New Market Road Intersection Improvements at Charlotte
Street, County Bid No. 05-3742 and Bid Date of December 7th, 2004. No bid shall be considered
unless it is made on the Bid Schedule, which is included in the Bidding Documents. The Bid Proposal
(TR-P-1 through TR-P-13) shall be removed from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined in the office of the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112.
Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department,
3301 Tamiami Trail East, Naples, Florida 34112, 239-774-8407, upon payment of $30.00 for each
set of documents to offset the cost of reproduction. Return of the documents is not required, and the
amount paid for the documents is nonrefundable.
The following plan room services may have obtained copies of the Bidding Documents for the work
contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue
Ft. Myers, FL 33916
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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 ten
(10) calendar days after the receipt of the Notice of Award.
The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds,
as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and
Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or
countersigned by a licensed resident agent of the surety or insurance company having its place of
business in the State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or
Performance and Payment 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 County 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 County to evaluate the
Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within ninety (90) calendar days
from and after the Commencement Date specified in the Notice to Proceed.
The County 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.
Dated this 4th day of November 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Stephen Y. Carnell
Purchasing/General Services Director
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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 a Division Administrator or Department Director 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. Any or all duties of the Design Professional referenced under this Agreement may be
assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project
Manager may formally assign any of his/her duties specified in this agreement 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 TR-
P-1 to TR-P-13 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or
by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the
bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or
irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number,
Project Name and Bid opening Date and Time, and shall be addressed to the Collier County
Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami
Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must
be enclosed in another sealed envelope addressed as above. Bids received at the location
specified herein after the time specified for bid opening will be returned to the bidder unopened and
shall not be considered.
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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 Naples, 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 County the 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 said alternates at a later time
but no later than 120 days from opening, unless otherwise authorized by the Purchasing Director.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement 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 Proposals
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate
with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons.
Section 5. Sianina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a
vice president, and a corporate seal must be affixed and attested to by the secretary or assistant
secretary of the corporation. The corporate address and state of incorporation must be shown below
the signature.
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5.2 Bid proposals 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, its 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 Proposals
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the
opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder
and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a
Bidder to file a new Bid prior to the time specified for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal
Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall
be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without
legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the
Purchasing Department, to be given consideration. All such requests for interpretations or
clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and
all such interpretations and supplemental instructions shall be in the form of written addendum which,
if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for
such purposes no later than three (3) working days prior to the date fixed for the opening of Bids.
Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has
received all addenda issued and it shall acknowledge same in its Bid.
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8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is
non-mandatory. [In instances were the County has deemed the pre-bid to be Mandatory, the
Bidder's failure to attend the pre-bid conference shall result in the rejection of its bid.]
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner affect
performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations
affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be
encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure
to make the necessary examinations and investigations shall be accepted as an excuse for any
failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any
claims whatsoever for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project
available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or
represent to any Bidder either the completeness or accuracy of any such surveys and reports.
Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and
investigations as may be necessary to determine its Bid price for the performance of the Work within
the terms of the Bidding Documents.
Section 10. Material Reauirements
It is the intention of these Bidding Documents to identify standard materials. When space is provided
on the Bid Schedule, Bidders shall specify the materials, which they propose to use in the Project.
The Owner may declare any Bid non-responsive or irregular if such materials are not specifically
named by Bidder.
Section 11. Bid Quantities
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
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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 aU
Bidders is called to this provision, for should 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 shall have the discretion to
re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at
the time of bid.
Section 12. Award of Contract
Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall
file his protest with the Purchasing Director in writing prior to the time of the bid opening.
Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the
basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest,
responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the
contract in a timely and responsible manner through its use of subcontractors. The Owner may reject
all bids proposing the use of any subcontractors who have been disqualified from bidding by the
County, disqualified or de-certified for bidding purposes by any public contracting entity, or who has
exhibited an inability to perform through any other means. When the contract is awarded by Owner,
such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and
delivered to the intended awardee or mailed to awardee at the business address shown in the Bid.
Award of Contract will be made by the Board of County Commissioners in public session. Award
recommendations will be posted outside the offices of the Purchasing Department generally on
Wednesdays and Thursdays. 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 and will be given instructions as to the form and content requirements of the formal protest. A
copy of the "Protest Policy" is available at the offices of the Purchasing Director.
For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the
right to recover all costs associated with the printing and distribution of such copies.
Section 13. Sales Tax
Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment
of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be
provided a copy of Collier County's Certificate of Exemption (#21-07-019995-53c) upon contract
award. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes
according to the type of service, sale of commodity or other contractual arrangement to be made with
Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County,
Florida the Bidder is acknowledging that it is aware of its statutory responsibilities for sales tax under
Chapter 212, Florida Statutes.
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Collier County is also exempt from most Federal excise taxes. .By submittal of a properly executed
response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that it is aware
of its responsibilities for Federal excise taxes.
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, including license fees,
permit fees, impact fees or inspection fees applicable to this work through an internal budget
transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the
successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this section.
14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits
not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the work contemplated by this contract is performed in a professional and timely
manner, all subcontractors 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 contract 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 contract 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 Contract.
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. 2003-53, and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by
the individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
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~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8446
FAX (239) 732-0844
www.colliergov.net
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ADDENDUM
DATE:
November 23, 2004
TO: Interested Bidders
FROM:~~renda Brilhart
'\. ])V ~urChasing Agent
SUBJECT: Addendum # 1 - Bid #05-3742 - "New Market Road Intersection Improvements
at Charlotte Street"
Addendum #1 covers the following clarification for the above referenced bid.
Change:
Please CHANGE 522-2 from Sheet 2 of Plans, under "Pay Item Notes":
"522-2 INCLUDES A CONTINGENT AMOUNT OF THREE HUNDRED SQUARE YARDS
(TO BE DELETED IF NOT USED DURING CONSTRUCTION). INCLUDES
INSTALLATION OF CAST IN PLACE "ARMOR TILE" DETECTABLE SYSTEM
(YELLOW) AT CURB RAMPS, AS SUPPLIED BY ENGINEERED PLASTICS, INC. (800
682 2525) W\\''Vw'.armor tile.com}, detectable warning system "Safti- Trax Mat" at curb
ramps as supplied by Cote-L Industries, Inc. (201-836-0733), OR APPROVED EQUAL.
Clarification:
Retainage will be held on this project as referenced in Exhibit J, Page J-1-13.
If you require additional information please call Dan Hall, TECM, at 239/417-6077 or me at
239n74-8446 or bye-mail atbrendabrilhart@colliergov.net.
NOTE: Words struck through have been deleted, words underlined have been added.
cc: Julio Ordonez, TECM
Dan Hall, TEeM
~(C~ I"~.J" I
I ..
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BID PROPOSAL
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
New Market Road Intersection Improvements at Charlotte Street
BID NO. 05-3742
Full Name of Bidder 1:'Jl~_~::O_iJ:t~~. f<,,1 \ =:Lj,--t__.
Main Business Address ! q;~:rl AC_i( 0 ~tl
Place of Business
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Fax No.
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State Contractor's License #
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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 Proposal as
principals are those named herein, that this Proposal is made without collusion with any other
person, firm or corporation; that it has carefully examined the location of the proposed work, the
proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, including
Addenda issued thereto and acknowledges receipt below:
Addendum Number
Date Issued
Contractor's
Initials
.L.0 'J-1 {64
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'-Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the Owner in the
form of the copy of the Agreement included in these Contract Documents, to provide all necessary
machinery, tools, apparatus and other means of construction, including utility and transportation
'-services necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and according to the
requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance
-specified in the General Conditions of the Contract, and to do all other things required of the
:ontractor by the Contract Documents, and that it will take full payment the sums set forth in the
following Bid Schedule:
~OTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your proposal
pages.
TR-P-1
J
J
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.~~~
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BID SCHEDULE
Bid No. 05-3742
NEW MARKET ROAD (C.R. 29A)
INTERSECTION IMPROVEMENTS AT CHARLOTTE STREET
COLLIER COUNTY PROJECT No. 60016
BID SCHEDULE (100% PLANS)
ITEM No. DESCRIPTlON UNIT QUANTlTY UNIT PRICE AMOUNT
101-1 MOBILIZATION LS 1 i-RSol ~'~ L{q~<<J.
1-z.,1 ~~ 0- ,
"., ~ r.:".;
102-1 MAINTENANCE OF TRAFFIC LS 1 t..A
.
102-76 ADVANCE WARNING ARROW PANELS rrwo SIGNS. 30 DAYS EACH) ED 60 ~~ Sj{ ~;...
102-99 VARIABLE MESSAGE SIGN (THREE SIGNS. 30 DAYS EACH) ED 90 "Z I OJ.. I i31 /) .~;;-
1.'11 0'" l.i, - .11.
110-1-1 STANDARD CLEARING & GRUBBING LS 1 o"3o~ O"S()-
120-1 EXCAVATION CY 797 )(/1 ~.~ ~L~~ ,-~
'" ,,7 c,dJ C, (=So ~
12 ().6 EMBANKMENT CY 227 &'..-
. ~" S"7Ac'I~ ~
285-7 ASPH. CONC. BASE TYPE 3 (ABC-3, 9" THICK) SY 2.169 ~;., 0~'
V .-
331-2 ASPHALTIC CONC. TYPE S OVERBUILD (2" AVERAGE THICK) TN 1,645 ~t:)iE.. '10 1~,'1 ~
Ll (,~ q ".~
331-72-10 ASPHALTIC CONC. TYPE 5-111 (1" THICK) SY 2.066 SJ3':;,;;.
, '15 I~ ;;;58 7;:..
331-72-20 ASPHALTIC CONC. TYPE 5-1 (2" THICK) SY 2.066 &--
425-1-521 DITCH BOTTOM INLET TYPE C EA 4 Zolll ~ ~\..('()~
t::;4/ ~.) (4l n
425-10 YARD DRAIN EA 1 () .- (} -
PIPE CULVERT 115", COl c:-.,cn. i., "17. :>J.
430-11-323 LF 12 .~U .-
430-11-325 CONCRETE PIPE CULVERT (18", CDl LF 255 SS~ ,.~ ~ 7.f.
CONCRETE PIPE CULVERT {18", SDl -l'~ '~j,. "7'1 S"" Sb
430-14-325 LF 40 ,. ;( ."
MITERED END SECTION /18", SOl lol{C; II~ I C.; ""7 r .).2..
430-964-225 EA 5 U.....:J
520-1-10 CONCRETE CURB & GUTTER TYPE (DROP CURB) LF 126 ~/b5 3'JR71!..
~.. ?1 ~'B 7~
522-2 CONCRETE SIDEWALK, 6" THICK SY 1,099 .~~
'lA ~~ '.9 ('"
555-1-1 DIRECTIONAL BORE (LESS THAN 6 INCHES) LF 689 (~ n.J.~
SODDING (BAHIA) ,'&) L( '317$',)
575-1-1 SY 2.510 1-
0<' 1M"L'1.9-
'I' ;;
630-1-11 CONDUIT (ABOVE GROUNOl LF Z2 , I_
i.{ t/5 1:'~81~
630-1-12 CONDUIT ( UNDERGROUND) LF 325 .-
I "1.}1 "'l6 ~~ 7.~6V
632-7-1 CABLE (SIGNAl) PI 1 ,}( 0'-
I I '&'{ il~ ~I &'..J
1635-1-11 PULL AND JUNCTION BOXES EA 10 cTb"-
639-1-22 ELECTRICAL POWER SERVICE (UNDERGROUND) AS 1 I 5B() ~~ Sflo ~;;t.
639-2-1 ELECTRICAL SERVICE WIRE LF 480 is.} B88 t(~
64141-008 PRESTRESSED CONCRETE POLE f8 FT.) EA 1 ~~ S-me
MAST ARM ASSEMBLY (HL) (SINGLE ARM WID LUM) (81-01) is 9L~ (7' ~ss e
649-411-001 EA 1 Z ~
TR-P-2a
11/212004
Prepared by: .T.E.C.M.
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BID SCHEDULE
Bid No. O~3742
NEW MARKET ROAD (C.R. 29A)
INTERSECTION IMPROVEMENTS AT CHARLOTTE STREET
COLLIER COUNTY PROJECT No. 60016
BID SCHEDULE (100% PLANS)
649-413-002 MAST ARM ASSEMBLY (HL) (SINGLE ARM WIO LUM.) (63-02) EA 1 1t..')7~5 d~ " 7:lS~];
-ZZ &(;;'5 &::;: '45.'" <fl'
649415-003 MAST ARM ASSEMBLY (Hl) (SINGLE ARM WIO LUM.) (85-03) EA 2 ~50 -
650-51-313 TRAFFIC SIGNAL, 12" STD (3 SECTION - 1 WAy) IL.E.D, TYPE1 AS 6 1l.tJD tl'.t-- 1.:ATI1'].
650-51-513 TRAFFIC SIGNAL, 12" STD (5 SECTION - 1 WAy) IL.E.D. TYPE1 AS 2 ~.~ L1m~
LCfa ~~ 54 1?.D 6-:>
653-181 PEDESTRIAN SIGNAL (1 - WAY) (l.E.D. TYPE) AS 8 S .-
SIGNAL HEAD AUXILIARIES (TUNNEL VISOR) ,.., I () 5a~
659-106 EA 28 t....--
660-1-110 INDUCTIVE LOOP DETECTOR (2 CH, SS, RM, TO) EA 5 ~~ I~Ob'~
660- 2-1 06 LOOP ASSEMBLY (TYPE F) (6' X 30') AS 8 8.2<; cG f.:l.tJ(J1:) ~
665-13 PEDESTRIAN DETECTOR (DETECTOR WITH SIGN ONLy) EA 8 t q::.. · '};. I ;;). '-{ 0 dJ..
67G-5- 114 ACTUATED SOLID STATE CONTROLLER ASSEMBLY ITS-2. TYPE 11 AS 1 /2.r 700 1).2- Zi 7D"O ~
685-128 SYSTEM AUXILIARIES (INTERFACE PANEL) EA 1 .7~~ ::> 3<T'3 ~
685-140 SYSTEM AUXILIARIES (FISER OPTIC. MODULATOR) EA 1 ~ i00 ~ ~ ifn('j ~
699-1-1 INTERNALLY ILLUMINATED STREET SIGNS EA 4 J 8lPO Cj;.- .1 '-l4.D 4'~
700-48-18 SIGN PANEL 115 SF OR LESS) EA 4 ;10 ~j. 3'Zl\12.
?kScl.J. r-, 5:>
70040-1 SIGN, SINGLE POST EA 2 -:')$0,-
700-46-21 RELOCATE EXIST. SIGN. SINGLE POST AS 2 l Dr; uJ.. 'ZIO~
706-3 REFLECTIVE PAVEMENT MARKERS EA 312 ~.~ {~l 0 ~
7114 DIRECTIONAL ARROWS. THERMOPLASTIC EA 28 ( Q't)~~ 1911~
Co,) Z'" . S(,,~
711-5-2 GUIDE LINES, THERMOPLASllC 12'-4' YELLOw) LF 441 tY- w-
O~ {)-J
711-35-01 TRAFFIC STRIPE, SOLID, THERMO (S" WHITE) LF 4.182 7./l7 ,-
711-35-121 TRAFFIC STRIPE, SOLID. THERMO. (12" WHITE) LF 622 I (,;2. _99S'~
TRAFFIC STRIPE, SOLID. THERMO (24" WHITE) ...,'5 "?c,cV()
711-35-241 LF 116 :>- ,.5l :> -
711-36-61 TRAFFIC STRIPE. SOLID, THERMO. (6" YELLOW) LF 5,064 r-.~ -?c;') '? ~
(... L
711-36-181 TRAFFIC STRIPE. SOLID, THERMO. (18" YELLOW) LF 232 7q5 L{1S (;9.
715-2-145 2" PVC CONDUIT, FURNISH & INSTALL, UNDERGROUNG, SCHEDULE 80 LF 491 7{)~ I/O ')..Bb ~
7,'Io~ 1:"'-'
715-14-11 PULL BOX EA 16 ~3YO -
?y~,S ~ 1 3i 0.)
737-70-1 UTILITY LOCATES EA 20 iTZ)-
TR-P-2b TOTAL: ~<t'y S-~S<~ ~
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11/212004
Prepared by:. T.E.C.M.
1.6 B~
MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No
change will be allowed after submittal of Bid. If substitute material proposed and listed below is not
approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance
of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE
COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
-MAC - SDv:-t H~~-r.
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Bidder
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-~ The undersigned states that the following is a full and complete list of the proposed subcontractors
I on this Project and the class of work to be performed by each, and that such list will not be added
J to nor altered without written consent of the Project Manager. The undersigned further
--'-I - acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by this Agreement, including, but not limited to proper
licenses, certifications, registrations and insurance coverage. The County reserves the right to
disqualify any bidder who includes non-compliant or non-qualified subcontractors in his/her bid offer.
Further, the County may direct the bidder/contractor to remove/replace any subcontractor that is
found to be non-compliant with this requirement subsequent to award of the contract at no additional
cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED
NON-RESPONSIVE. (Attach additional sheets as needed).
1687
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LIST OF SUBCONTRACTORS
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Subcontractor and Address
Class of Work to be Performed
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Bidder
BY: I!?/.k -~/)(}.-:i'h1-tjJ (;'-.:' ,
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1687
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude 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 contract.
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Proiect and Location _
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Reference
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BY:
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TRENCH SAFETY ACT
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Bidder acknowledges that included in the various items of the proposal 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:
1.
.
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Trench Safety
Measure
(Description)
Units of
Measure
(LF,SY)
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Unit
(Quantity)
Unit
Cost
Extended
Cost
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TOTAL
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Failure to complete the above may result in the Bid being declared non-responsive.
DATE J L ( 1/6t../
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BY:
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CONFLICT OF INTEREST
1. Bidder shall provide full disclosure of information on any work performed for private interests
within the past two (2) years, especially work that is not yet completed.
2. Bidder shall provide a declaration of commitment not to pursue any private sector work within
the limits of the County project or directly affected by the County project until the County
project is completed and accepted by the County. Contractor may request a waiver of this
provision from the Project Manager. A waiver may be granted at the sole discretion of the
County.
3. Bidder shall provide a certification by a principal of the firm that the firm will comply fully with
items 1 and 2 above, and to certify that no conflict of interest does exist or will arise if firm is
awarded a County project.
If more space is required, please attach additional pages.
Failure to provide the documentation requested above may result in the Bid being declared
non-responsive.
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By:
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Date:
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Upon receipt of written notjce of the conditional acceptance of this Bid, Bidder will execute the formal
Contract attached within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance
as required by the c,qntrxt D~uments. The bid ,security a.ttached in the sum of:
5rJ / t) ~ f):1'~b.A~ dollars ($ 27.7-23 -z;. ) is to become the property of the
Owner in the event the Contract, Insurance and Bonds are not executed within the time above set
forth for the delay and additional expense to the Owner.
If awarded a contract under this Proposal, 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 Proposal within sixty (60) consecutive calendar days, computed by excluding the
commencement date and including the last day of such period, and to be fully completed to the point
of final acceptance by the Owner within ninety (90) consecutive calendar days, computed by
excluding the commencement date and including the last day of such period.
Respectfullv Submitted:
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State of ~~vc..'{)C',,-
County of
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\ k.)-6::.. \A.,~ ~ue..,r , being first duly sworn on oath deposes
and says that the Bidder on the above Proposal 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.
We...<::. '"-"_ \~N'-('''''''''- , also deposes and says that it has
examined and carefully prepared its Bid Proposal from 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
Th~ Bidder is a corporation organized and existiJJ~un~~r th.: la~s\ oLthe Stat; of /;"~J.3:> r'( .(.
which operates under the legal name of A.f--!J( -.,>) A '~i.t..>>.. . j fA .
and the full names of its officers are as follows:
President
Fi-,.,,,,,K D. t-J1t.~oLs. Jl1<
?Q,. Te...c- W, <5 tJu..s c "1'. K
?~ -t t.r<' l..) . C:>,..J use ~A t:::
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Secretary
Treasurer
Manager
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and'
.OimQtors t:::lkon
(strike out this last sentence if not applicable).
(b) Co-Partnership
i3 hereto attached
The Bidder is a co-partnership consisting of individual partners
whose full names are as follows:
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The co-partnership does business under the legal name of:
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(e) Individual
The Bidder is an individual whose full name is
.oporoting uAdor a trade flame, 3sid trade naffle i3
DATED (;2 t '1 (6l.f
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Witness
, and if
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legal entity
BY: /llJ9c -ku7?/eAsT .dT ...rr.....
Name of Bidder (fy?ed) J
MJ~
Signature
0v.- ae~' c!~-;-
Title
[Corporate Seal]
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1687
STATE OF.
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COUNTY OF ~C
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The foregoing i trument was acknowledged before me this / -day of ~c,.e",M"-, 200~
by ~ --Q. V\ -I\..r.>"'-- , as 'll L~ (Ja, ~. of
c... - -?- :w..., ,a cgrporation, on behalf of the
corporatio~/He~ is personaltY known to me or has produ tl ~e,r"'y J,)( IIy
~tJ/'Y'...... as identification and did (did not) take an oath.
,
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My Commission Expire~"'\\es H. 8/6:"'1"
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;: .' ,,,~\SSION ~ '. ~
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(AFFIX OFFICIAL SEAL) 11"'''''"11\\\\\\
NA
Notary Public, State of U /!.J /)11-
Commission No.: eL q q C; R 57
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1687
BID BON D
KNOW ALL MEN BY THESE PRESENTS, that we
APAC-Southeast Inc
(herein after called the Principal) and
~:~~P';~ MU;;"sjre~;:.~'~;~~atfb~"'~ha%red and exlsting under u.e laws of the State cl
'th' "I ff' 'th 't f' Boston
. Massachusetts WI Its pnnclpa 0 Ices In e CI Y 0
and authorized to do business in the State of Florida are held and finnly bound
unto the Collier County FL (hereinafter called
the Owner, in the full and just sum of Fi ve percent of the bid
dollars ($ 5% -.J good and lawful money of the United States of Amenca, 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 severalty and
firmly by these presents,
Whereas, the Principal is . about to submit, or has submitted .to the Owner, a proposal for
furnishing all labor, materials, equipment and incidentals necessary to furnish and install:
New Market Road Intersection Improvements at Charlotte Street
NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be
accepted, the Principal shall; within fifteen days after the date of a written Notice of Award, execute a
Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth
therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory
Contract Performance Bond and Payment Bond payable to the Owner, in an ai~ount of one huncJred
, percent (100%) of the total Contract price each in form and with security satisfactory to the said
Owner, then this obligation to be void; othelWise to be and remain in full force and virtue in the law;
and the Surety shall, upon failure of the Principal to comply witM any or all of the foregoing
requirements within the time spedfied above, immediately pay to the aforesaid Owner, upon
demand, the amount hereof in good and lawful money of the United States of America, not as a
penalty but as liquidated damages.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and
sealed this 2? day of N"ovember ,200_, .
BY
APAC-Southeast, Inc.
Principal
p-a@ J~
(Seal)
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PIPER D. HUNT
LICENSE #A126101
PHONE (239) 939-1996
Local Resident Producing. Agent for
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Liberty Mutual Insurance Company
surety
. Attorney-in-Fact & Licnsed
,c'.' -) ,Resid~t Agent
l.t--<p/t //~
Countersigned
Florida
(Seal)
HI!P'lI"uvl" IVlAMUNt:y &. COMPANY
10501 BEN C PRATT/SIX MILE CYPRESS PKWV
SUITE 101
FORT MYERS, FLORIDA 33912
TR-P-12
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
141~tl7
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 PIPER D. HUNT, REED M. HERNDON, LAURA J. HERNDON, ALL OF THE
CITY OF FORT MYERS, STATE OF FLORIDA.....................................................................................................................................................................
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as
surety and as its act and deed, any and all undertakinas, bonds, recognizances and other surety obligations in the penal sum not exceeding
FIFTY MILLION AND 00/100****************************** DOLLARS ($ 50,000,000.00******************** ) each, on behalf of
APAC-SOUTHEAST, INC., SOUTHERN FLORIDA DIVISION ..................................................................................................................................................................................
, 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 if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following 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 attomeys-in-fact, subject to
the limitations set forth in their respective powers of attomey, 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 attomeys-in-fact:
Pursuant to Article XIII, Section 5 of the By-laws, Gamet W. Elliott, an 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 21 st day of Januarv 2004
On this 21st day of Januarv 2004 ,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.
nto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first
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COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
CERTIFICATE
LIBERTY MUTUAL INSURANCE COMPANY
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By~4 tA/- .ca-~
Garnet W. Elliott, Assistant Secretary
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Notary Public
I. the undersigned, Assista erty Mutual Insurance Company. do hereby certify that the original power of attorney of which the foregoing is a full, true and correct
copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary
specially authorized by the chairman or the 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 tt.Jme fore11effect as though . nually aff',
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this / 1 da/of !J. ~ , '& t;
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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
proposal.
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 Rrice extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
10. The mailing envelope must be sealed and marked with:
~Bid Number;
~Project Name;
~Opening Date.
11. The bid will be mailed or delivered in time to be received no later than the specified opening
date and time. (Otherwise bid cannot be considered.)
ALLCOURIER-DELlVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
jJfiJ ( - (\)vC'-{~L~,:- -3 J( .
Company Name
/<fl~ ~ - licp Pres
Signature & Title
/Z--?-ojL
Date
TR-P-13
1687
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with APAC-Southeast, Inc. ("Contractor") of 14299 Alico Road, Fort Myers, Florida
33913, a Georgia corporation, to perform all work ("Work") in connection with Bid No. 05-3742 - New
Market Road Intersection Improvements at Charlotte Street, as said Work is set forth in the Plans
and Specifications prepared by TE&CM Department and 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 Instructions to Bidders, the Bid Schedule 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"). 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 up to five (5) sets of the Contract Documents as are
reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall
be furnished, upon request, at the cost of reproduction.
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:
five hundred forty-four thousand, five hundred sixty-five dollars and twenty cents ($544,565.20).
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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 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 be rated as
"A-" or better as to general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy holders surplus, all as
reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75
Fulton Street, New York, New York 1 0038. 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 another bond and surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liauidated Damaaes.
A. Time of Performance: Time is of the essence in the performance of the Work under this
Agreement. The "Commencement Date" shall be established in the Notice to Proceed to be issued
by the Project Manager. 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. The Work shall be substantially completed within sixty (60) calendar days from the
Commencement Date. The date of substantial completion of the Work (or designated portions
thereof) is the date certified by the owner that 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. Substantial completion is further defined as that date the
roadway is open for traffic and all pay items have been completed and accepted by the Owner except
for thermoplastic striping, punch list items, street lighting and traffic signalization burn-ins. The work
shall reach final completion and be ready for final acceptance by Owner within ninety (90) calendar
days from the Commencement Date (herein "Contract Time").
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 the Work is not substantially completed
within the time specified above, as said time may be adjusted as provided for herein. Should
Contractor fail to substantially complete the Work within the time period noted above, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, Six hundred and thirty four dollars
and zero cents ($634.00) for each calendar day thereafter until substantial completion is achieved.
Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final
Completion, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a
sum certain per day, in the amount of Three hundred and seventeen dollars and zero cents
($317.00), for each day after the time set for Final Completion, as set forth in paragraph four (4)
above, until Final Completion is achieved. The Project shall be deemed to be substantially
completed on the date the Project Manager (or at his/her
TR-CA-2
1687
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 complete or finally complete the Work in a timely manner.
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 County Will count default days in calendar days.
E. Conditions under which Liquidated Damages are Imposed.
If the Contractor or, in case of his default, the surety, fails to complete the work within the time
stipulated in the Contract for Substantial Completion, or within such extra time that the County may
have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a
penalty, but as liquidated damages, the amount of Six hundred and thirty four dollars and zero
cents ($634.00) per day for each day the Contractor fails to reach Substantial Completion as
required under the terms of the contract. Final Completion shall occur when the contract is
completed in its entirety, is accepted by the County as complete and is so stated by the County as
complete. If the Contractor reaches Substantial Completion but fails to reach Final Completion, the
Contractor, or in the case of his default, the surety, shall pay the sum of Three hundred and
seventeen dollars and zero cents ($317.00) per day for each day the Contractor fails to reach Final
Completion.
F. Right of Collection.
The County has the right to apply, as payment on such liquidated damages due under the Contract
by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of
the Contract Time including granted time extensions.
G. Allowing Contractor to Finish Work.
The County does not waive its right to liquidated damages due under the Contract by allowing the
Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract
Time including granted time extensions.
H. Completion of Work by County.
In the case of a default of the Contract by the Contractor and the completion of the work by the
County, the Contractor and his surety are liable for the liquidated damages under the Contract, but
the County will not charge liquidated damages for any delay in the Final Completion of the County's
performance of the work due to any unreasonable action or delay on the part of the County.
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1687
I. Release of Contractor's Responsibility.
The County considers the Contract complete when the Contractor has completed in its entirety all of
the work and the County has accepted all of the work and notified the Contractor in writing that the
work is complete. The County will then release the Contractor from further obligation except as set
forth in his bond and except as provided in the Contract.
J. Recovery of Damages Suffered by Third Parties.
When the Contractor fails to complete the work within the Contract Time or within such additional
time that the County may grant, the County may recover from the Contractor amounts that the
County pays for damages suffered by third parties unless the failure to timely complete the work was
caused by the County's act or omission.
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 E1:
Exhibit F:
Exhibit G:
Exhibit G1:
Exhibit G2:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Work Directive Change
Certificate of Substantial Completion Form
Final Payment Checklist
Certificate of Final Completion
Warranty
General Terms and Conditions
Supplemental Terms and Conditions
Tech n ical Specifications
Permits
Plans and Specifications prepared by TE&CM Department and identified as
follows: New Market Road Intersection Improvements at Charlotte Street as
shown on the following Plan Sheets: Road Plans, Pages 1 -14, and
Signalization Plans, Pages T1 - T11.
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall
be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following:
Daniel Hall, Project Manager
Transportation Engineering & Construction Management
2685 Horseshoe Drive South, Suite 212
Naples, Florida 34104
Telephone: (239) 417-6077
Fax: (239) 213-5885
E-Mail: DanieIHall@colliergov.net
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1687
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following:
Mr. Wes Tanner, Manager
APAC-Southeast, Inc.
14299 Alico Road
Fort Myers, FL 33913
Telephone: 239/267-7767
Fax: 239/267-1336
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. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be bound by it.
Section 9. 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 10. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of the State of
Florida.
Section 11. 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 12. 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 I or payments made prior to the execution hereof shall be
deemed merged in, integrated and superseded by the Agreement.
Section 13. Severability.
Should any provIsion of the Agreement be determined by a court to be unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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Section 14. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all change orders to
the Agreement to the extent provided for under the County's Purchasing Policy and accompanying
administrative procedures.
Section 15. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be construed against the
party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra
proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have
been inserted for the benefit of one of the parties shall be construed against the benefited party) shall
not be applied to the construction of this Agreement.
Section 16. 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. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict obligation under the
Contract Documents upon the Contractor.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated
below.
TWO WITNESSES:
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FIRST WITNESS
-B\ce~ + ~ ~~.::r (' .
Type/Print Name
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SECOND WITNE S
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Type/Print Name
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Date: .$':-'J~ -t(J().~ ",
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A TTE&T<f-' '
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Sc each
Assistant County Attorney
CONTRACTOR:
APAC-Southeast, Inc.
By: I~f)~ J~
lUes ~1Je.~ II. P-
Type/Print Name and title
Affix the "(Corporate Seal}" OR
type/print "(Corporate Seal)"
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY. ~d-
. Don~a ia1a, ha1 m~
Item# l!tM
TR-CA-7
Agenda I-ll...o 5
Date
Date 1. -l8 ..05
Rec~
~P"~~
1687
EXHIBIT A
PUBLIC PAYMENT BOND
BID #05-3742 - "New Market Road Intersection Improvements at Charlotte Street"
Bond No.
Contract No.
14-026-021
05-3742
KNOW ALL MEN BY THESE PRESENTS: That
APAC-Southeast, Inc.
"""-I
, as Principal, and
Liberty Mutual Insurance Company et al , as Surety, located
at p.o. Box 11765, Lexington KY 40577 (Business Address)
are held and firmly bound to Collier County FL as Oblige in the sum of
Fi ve hundred fortI fouI. thous3n~.all~S8 hundred ($ 544,565.20 ) for the payment
whereof we bind oursetves~{,ur ti~rrs,a~xecuro'rs, personal representatives, successors and assigns,
jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
200_, with Oblige for New Market Road Intersection Implmvements at Charlotte St.
accordance with drawings and specifications, which contract is incorporated by reference and made
a part hereof, and is referred to as the Contract.
-'r
I
I
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full
force.
._";
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 26 day of.
January 200,3 the name of each party being affixed and these presents duly signed by its
under-signed representative, pursuant to authority of its governing body.
TR-CA-A-1
1687
Signed. sealed and delivered
in the presence of:
PRINCIPAL
fJt--f}. ~L...J ~.<I ----
~. ~,O}
Witnesses as to Principal 1:
STATE OF J~
COUNTY OF .. J-.'!-
The foregoin instr~JTIent was acknowledged .before me this ~ ~a\tPf,.;J .d~ 20~
by., ..R.-<J ~~ , ,as. (/"w L~ of
cf, _ . '-L- . , a ~li /A4- corporation, on behalf of the corporation.
Hel he is personally known to me OR has produced as identification and did (did
not) take an oath.
APAC-Southeast, Inc.
BY:
NAME:
ITS:
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NAME:
""-;r.~:'fj;",,, R. Maxine Carpenter
{!rJ;.~;.. MY COMMISSION # CC999872 EXPIRES
~,,~,:~! April 8, 2005
'.1"'.....W,~- oONDED THRU TROY fAIN INSIJRANCE.INC
1F"RfJ~.~~"
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f.. r) Lo-yt..---- ~ ~~
(Signature of Notary)
K. /17 A Y (N C c."~ tZ- f7E N TF<<-.
(Legibly Printed)
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
ATTEST:
SURETY:
Liberty Mutual Insurance Company et al
(Printed Name)
c/o United Service Agency
PO Box 11765
Lexinqton KY 40577
(Busjness Address
(~ 0 V-/&~
(Authorized Signature)
Piper D. Hunt
(Printed Name)
Licensed Florida Agent
Witnesses to Surety
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TR-CA-A-2
16Bi
OR
JLp/J () ~.
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
PIPER D. HUNT
UCENSE #A126101
PHONE (239) 939-1996
HI:.:I"\:", ,.I<lIVlAHOf4EY & COMP.\N'I'
10501 BEN C PRATT/SIX MILE CYPRESS PKWV
SUITE 101
(Busin~~~TAa'aflSslsfHIUAJ3g 12
(Telephone Number)
STATE OF Florida
COUNTY OF Lee
The foregoing instrument was acknowledged before me this ~ day of January I
200-.3 by Piper D. hunt , as Attorney-in-Fact of
Surety, on behalf of Surety. He/She is personally
known to me OR has produced personally known as identification
and who did (did not) take an oath. /' (, I ~ ~
My Commission Expires: {~ ~
(Signature)
Name: Cyfl'i-h;t;L IS FCA-~~
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.: . OYNTIrI/ A 8 F'AA
". MtH
~%tary Public, State of Florid~
y;omm. expo Nov. 9, 200;:
"omm. No. OD 26567~!
TR-CA-A-3
1687
Attachment to Bond for
AP AC-Southeast.. Inc.
Surety Companies are as follows:
Liberty Mutual Insurance Company
Federal Insurance Company
Travelers Casualty and Surety Company of America
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
141c6;"
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 A TIORNEY
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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 PIPER D. HUNT, REED M. HERNDON, LAURA J. HERNDON, ALL OF THE
CITY OF FORT MYERS, STATE OF FLORIDA.....................................................................................................................................................................
, each individually if there be more than one named, its true and lawful attomey-in-factto make, execute, seal, acknowledge and deliver, for and on its behalf as
surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
FIFTY MILLION AND 00/100"*."*.**.**"""*.**"*"*. DOLLARS ($ 50,000,000.00**"*."*"*.**"*" ) each, on behalf of
APAC-SOUTHEAST, INC., SOUTHERN FLORIDA DIVISION ..................................................................................................................................................................................
, 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 if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
BY~~ 1/./- ~
Garnet W. Elliott, Assistant Secretary
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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 attomeys-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 attomeys-in-fact:
Pursuant to Article XIII, Section 5 of the By-laws, Garnet W. Elliott, an 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 21st day of Januarv 2004
LIBERTY MUTUAL INSURANCE COMPANY
On this 21 st day of Januarv 2004 ,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 WHE
above written.
nto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first
M'"
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Notary Public
CERTIFICATE
I, the undersigned, Assistan Mutual Insurance Company, do hereby certify that the original power of attomey of which the foregoing is a full, true and correct
copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary
specially authorized by the chairman or the 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, , h~ h..,,,,,, wbwibod my "'~ ,"d ''''",Ih. """""W _, ~.. ,,'d OOm","y, Ih~b doy ~~ ;)n,;;;-
16B~
EXHIBIT A
PUBLIC PERFORMANCE BOND
New Market Road Intersection Improvements at Charlotte Street
Bond No. 14-026-021
Contrabt No. 05-3142
KNOW ALL MEN BY THESE PRESENTS: That APAC-Southeast lilc
, as Principal, and L1berty Mutual Insurance Company eta
'-1 , as Surety, located at P.O. Box 11765, Lexington
i KY 40~ II (Business Address) are held and firmly
.....
bound to Collier County FL , as Oblige in the sum of
Five hundred forty four thousand five hundred sixty five & 20/100
($ 544,565.20 ) 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 day of
200_, with Oblige for New Mar]cet Road Intersection Improvements
in accordance with drawings and
specifications, which contract is incorporated by reference and made a part hereof, and is referred to
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
,j
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; and
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3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or
under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time.
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does
hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of
the Contract or to work or to the specifications.
,
...
TR-CA-A-4
1687
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 Oblige for more than the penal sum of this
Performance Bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF. the above parties have executed this instrument this 26 day of
January , 200~ the name of each party being affixed and these presents duly signed by its
undersigned representative. pursuant to authority of its governing body.
....J
Signed. sealed and delivered
in the presence of:
PRINCIPAL
'~ bt:
~, . .
u . .' ~b_ ...
Witnesses as to Principal
APAC-Southeast, Inc.
I~h J~
/U-t-S IAJVtJer-
II.~
BY:
NAME:
ITS:
v
,a
~6~~~~F d~
nf was acknowledged before me fhiS~daY ov...-J -ei~ . 200.:r
, as -1L-U:-.e ~r I of
L-<"- corporation, on behalf of
the ~she is k own to me OR has produced
as identification and did (did not) take
.J:
,]
an oath.
..
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My Commission Expires: -r? '-714-,.-1.---- ~
(Signature)
~:1~g~~~ MY COM~/S~~~~e Carpenter Name: /:? /1) A i- 1/('/ C (~/Z- P' EN 7T(2
~~"~'<F ((999872 EXPIRES (L 'bl p' t d)
'<,~.,.,,-1t~..' f'- . April 8, 2005 egl y nn e
"'1l"\ r)Nr)[~; Tc,'RU rpr)y F
'. '\IN IN$LJRANC~ INC.
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(AFFIX OFFICIAL SEAL)
Notary Public. State of:
Commission No.:
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TR-CA-A-5
STATE OF "'1 ori (J",
COUNTY OF T.pp
The foregoing instrument was acknowledged before me this ~ day of January , 200_~ by
Piper D. Hunt ,as Attorney-in-Fact of
Li herty Mut.ual Tnsllrance Co Surety, on behalf of Surety. He/She is personally known to me
OR has produced personally known as identification and who did (did not) take
an oath. j1 (J ~...:
My Commission Expires: bA ~~
(Srgnalure)
Name: C'1.h'/-fu~"8 ~~_
(Legibly Printed)
CYNTHIA b. FARMEh
(AFFIX OFFICIAL SEAL) Notary Public, State of: '\lQtary Pllhlic, State of Floric!t'
Commission No.: '\4y comm. expo Nov. 9, 200/
, -, ')OJ:,cq"
qomm" No. ~)L ,,'.)0..\' .
ATTEST:
......,
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Witnesses
_.
r
1687
SURETY:
Liberty Mutual Insurance Company etal
(Printed Name)
c/o Unisted Service Agency
PO Box 11765
Lexin9ton KY 40577
(Busipess Address)
~~,gna~') ~T
Piper D. Hunt
(Printed Name) Licensed Florida Agent
OR
~[)~
As Attorney in Fact
(Attach Power of Attorney)
PIPER D. HUNT
(Printed Name) LlCENS! II-Al161Bl
PHONE (239l 939-1996
;'1 ~ VOI..01.1 'SY!lAW .1l:IOJ
(Business Address) ~m 311ns
.AM>Id SS3l:idAO 311Vo1 XIS/llVl:id :) N38 U)SO~
^NVdWO~ 'Ii' ^3NOH\f~ NOONtl3H
(Telephone Number)
TR-CA-A-6
1687
Attachment to Bond for
AP AC-Southeastlt Inc.
Surety Companies are as follows:
Liberty Mutual Insurance Company
Federal Insurance Company
Travelers Casualty and Surety Company of America
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 14140j>5,& 7
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the ma era tih
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 PIPER D. HUNT, REED M. HERNDON, LAURA J. HERNDON, ALL OF THE
CITY OF FORT MYERS, STATE OF FLORIDA.....................................................................................................................................................................
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as
surety and as its act and deed, any and all undertakinas, bonds, recognizances and other surety obligations in the penal sum not exceeding
FIFTY MILLION AND 00/100****************************** DOLLARS ($ 50,000,000.00******************** ) each, on behalf of
APAC-SOUTHEAST, INC., SOUTHERN FLORIDA DIVISION ............... ..................................................................... ....................... .......................................................................
, 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 if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
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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 attomeys-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 attomeys-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 attomeys-in-fact:
Pursuant to Article XIII, Section 5 of the By-laws, Garnet W. Elliott, an Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attomeys-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 21st day of Januarv 2004
On this 21 st day of Januarv 2004 . before me, a Notary Public, personally came Gamet 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.
nto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
CERTIFICATE
By~4 N- ~
Garnet W. Elliott, Assistant Secretary
~~
Notary Public
I, the undersigned, Assista Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct
copy, is in full force and effect on t e date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary
specially authorized by the chairman or the 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 ..:9h day ~/f1LA...~ ~..;-
CERTIFICATE OF INSURANCE i 919[J
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOL R~IO
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
Name and Address of Agency
United Service Agency, Inc.
Post Office Box 11765
Lexington, Kentucky 40577
Company
Letter
Companies Affording Coverages
Name and Address of Insured
APAC-Southeast, Inc.
14299 Alico Road
Fort Myers, FL 33913
A
B
C
o
E
F
G
H
I
Pacific Employers Insurance Company
Indemnity Insurance Co of North America
Ace American Insurance Company
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time.
Company Policy Limits of Liability in Thousands (0001
Letter Type of Insurance Policy Number Expiration Each Policy
Date Occurrence Aggregate
GENERAL LIABILITY
[:8J COMPREHENSIVE FORM PERSONAL INJURY
A [:8J PREMISES - OPERATIONS INCLUDING $ $
[:8J EXPLOSION ANO COLLAPSE * LAB 26610 12/01/05 BODILY INJURY
HAZARD Effective:
[:8J UNOERGROUND HAZARD PROPERTY DAMAGE $ $
[:8JPROOUCTS I COMPLETEO 12/1/2002
OPERATIONS HAZi'RD
[:8JCONTRACTUAL INSURANCE
[:8J BROAD FORM PROPERTY PERSONAL INJURY,
DAMAGE
BODILY INJURY AND $ 1,000 $ 1,000
[:8J INOEPENDENT CONTRACTORS PROPERTY DAMAGE
[:8JPERSONAL INJURY COMBINED
:8J OCCURRENCE FORM
AUTOMOBILE LIABILITY BODILY INJURY (EACH $
PERSON) BODILY
:8J COMPREHENSIVE FORM * LAB 26610 12/01/05 INJURY (EACH $
A OCCURENCE)
:8J OWNED Effective: PROPERTY DAMAGE $
[:8J HIRED BODILY INJURY AND
[:8J NON-OWNED 12/1/2002 PROPERTY DAMAGE $ 1,000
COMBINED
EXCESS LIABILITY
n UMBRELLA FORM BODILY INJURY AND $ $
PROPERTY DAMAGE
COMBINED
OTHER THAN UMBRELLA FORM
B
C
C
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
WLR C 4398973A
WLR C 43989042
SCF C 43989121
Effective 12/01/04
12/01/05
1,000
$
$
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES * SEE REVERSE SIDE.
Any & All jobs. Contract #05-3742,
CANCELLATION
Should any of the above described policies be cancelled or materially changed before the expiration date thereof, the issuing company
will mail 30 days written notice to the below named certificate holder.
Name and Address of Certificate Holder
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Date Issued: January 26, 2005
~K.3ur
AUTHORIZEO SIGNATURE
1687
*Collier County Board of County Commissioners shall be an additional insured, but only if required by
written contract between Collier County Board of County Commissioners and APAC-Southeast, Inc.;
only to the extent of the insurance limits required under this contract; only as to work performed or to be
performed by or on behalf of APAC-Southeast, Inc. under this contract; and only with respect to
operations by or on behalf of APAC-Southeast, Inc. or to facilities of or used by APAC-Southeast, Inc..
~ K.3ur
AUTHORIZED SIGNATURE
~1
1687
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within
ten (10) calendar days after Notice of Award is received by Contractor/Consultant/Professional.
(5) The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the
Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor.
(6) All insurance coverage's of the Contractor/Consultant/Professional shall be primary to any
insurance or self insurance program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this
Agreement.
(8) Contractor/Consultant/Professional shall require each of its subcontractors to procure and
maintain, until the completion of the subcontractors work, insurance of the types and to the limits
specified in this Section unless such insurance requirements for the subcontractor are expressly
waived in writing by the Owner.
.
(9) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverage's
required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized
to purchase such coverage's and charge the Contractor for such coverage's purchased. The Owner
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverage's purchased or the insurance company or companies used. The decision of the Owner to
purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights
under the Contract Documents.
TR-CA-B-1
1687
(10) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor/Consultant/Professional shall furnish to
the County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days
after to the date of their expiration. Failure of the Contractor to provide the County with such renewal
certificate(s) shall be considered justification for the County to terminate the Agreement.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? --X- Yes _ No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in
the work under this Agreement in accordance with the laws of the State of Florida. The amounts of
such insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
--X- $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy
shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work.
o Applicable IZl Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
(5)
o Applicable IZl Not Applicable
TR-CA-B-2
1687
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? l Yes No
(1) Commercial General Liability Insurance shall be maintained by the Contractor / Consultant /
Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal
Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property
Damage including Completed Operations and Products and Completed Operations Coverage. Limits
of Liability shall not be less than the following:
General Aggregate $ 300,000
Products/Completed Operations Aggregate $ 300,000
Personal and Advertising Injury $ 300,000
Each Occurrence $ 300,000
Fire Damage $ 50,000
General Aggregate $ 500,000
Products/Completed Operations Aggregate $ 500,000
Personal and Advertising Injury $ 500,000
Each Occurrence $ 500,000
Fire Damage $ 50,000
-1L General Aggregate $1,000,000
Products/Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis,
as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the
commencement date of the Project and shall provide that in the event of cancellation or non-renewal
the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years.
(4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
TR-CA-B-3
1687
(5) Coverage shall be included for explosion, collapse or underground property damage claims.
(6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement.
o Applicable ~ Not Applicable
(7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to
the completion of the work under this Agreement.
o Applicable ~ Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be
covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the Contractor
shall pay costs not covered by the deductibles. The responsibility of the Contractor for any
deductible associated with the all-risk policy described above shall be limited to a maximum of
$1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood
insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for
each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written approval
of the Owner at the value established in the approval, and also portions of the Work in transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining
boiler and machinery insurance required by the Contract Documents or by law, which shall
specifically cover such insured objects during installation and until final acceptance by the Owner. If
purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-
contractors in the Work.
TR-CA-B-4
1687
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, s.ub-subcontractors, agents and employees, each of the other, and (2)
the Professional, Professional's consultants, for damages caused by fire or other perils to the extent
covered by property insurance obtained pursuant to this exhibit or other property insurance
applicable to the Work, except such rights as they have to proceeds of such insurance held by the
Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and
made payable to the Owner as fiduciary for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? ~ Yes No
(1) Automobile Liability Insurance shall be maintained by the Contractor/Consultant/Professional for
the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
~ Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
Contractor/Consultant/ Professional and, if so, such may shall be in addition to and in excess of any
Employers' Liability, Commercial General Liability, Automobile Liability and Professional Liability
coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
(3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy
shall be so endorsed.
TR-CA-B-5
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
1687
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 200_, for the period from
to
(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) 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
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 200_, by
,~cl ,a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
TR-CA-C-1
1687
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)
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Bid No.
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
(Project Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE 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;
(4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the
revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
By Design Professional:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
TR-CA-D-1
(Signature) DATE:
(Type Name and Title)
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EXHIBIT E
CHANGE ORDER
CHANGE ORDER NO.:
CONTRACT NO.:
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,200 .
You hereby are authorized and directed to make the following change(s) in accordance with terms and
conditions of the Agreement:
For the (Additive) (Deductive) Sum of: $
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change
Order. Accordingly, the Contract Time is now () calendar days. The substantial
completion date is and the final completion date is . Your acceptance of this
Change Order shall constitute a modification to our Agreement and will be performed subject to all the same
terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in
this acceptance. The adjustment, 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.
By:
By:
CEI
PUED
By:
By:
CONTRACTOR
T.E.C.M. DIRECTOR
By:
By:
PROJECT MANAGER
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
TR-CA-E-1
1687
Exhibit E-1
Transportation Engineering & Construction Management Department
WORK DIRECTIVE CHANGE
PROJECT NAME:
CHANGE #
DATE OF ISSUANCE:
EFFECTIVE DATE:
OWNER: Collier County Board of Commissioners .................................................
................................................................................................................................ PROJECT#:
CONTRACTOR:
ENGINEER:
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Directive Change:
Attachments:
If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a
Change Order based thereon will involve one or more of the following methods of determining the effect of the
changes( s).
Method of determining change in Contract Price:
D Unit Prices
D Lump Sum
D Other
Method of determining change in Contract Times:
D Contractor's records
D Engineer's record
D Other
Estimated increase (decrease) in Contract Price
$
Estimated change in Contract Time:
Increase or decrease by calendar days.
RECOMMENDED: ACCEPTED: AUTHORIZED:
By: By: By:
Engineer/Consultant Contractor Owner's Representative
TR-CA-E-1-1
1687
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified
parts thereof:
To
OWNER
And
To
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
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.
EJCDC NO. 1910-8-0 (1983 Edition)
Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America.
Reprinted 5/85
TR-CA-F-1
1687
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities,
insurance and warranties shall be as follows:
RESPONSI BI UTI ES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a
release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents.
Executed by Design Professional on
,200_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,200_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,200_
OWNER
By:
Type Name and Title
TR-CA-F-2
Bid No.:
Contractor:
1687
EXHIBIT G
FINAL PAYMENT CHECKLIST
Project No.:
Date:
,200_
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:
Commencement Date:
Substantial Completion Time:
Final Completion Time:
YES
NO
Final Contract Amount:
Calendar Days.
Calendar Days.
1. All Punch List items completed on
2. Warranties and Guarantees assigned to County (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. Record drawings obtained and dated:
6. County 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. Other:
If any of the above are not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
By Owner:
(Department Name)
(Signature)
(Name & Title)
TR-CA-G-1
1687
EXHIBIT G1
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
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 finally complete in
accordance with the contract documents on:
DATE OF FINAL COMPLETION
EJCOC NO. 1910-8-0 (1983 Edition)
Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America.
Reprinted 5/85
TR-CA-G1-1
1687
The following warranty is attached to and made a part of this Certificate:
EXHIBIT G2
Executed by Design Professional on
,200
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
,200_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
,200_
OWNER
By:
Type Name and Title
TR-CA-G1-2
1687
EXHIBIT G2
WARRANTY
In consideration often dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR
does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed
by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or
CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of
materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and
materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further
understood that further consideration for this warranty and guaranty is the consideration given for the requirement
pursuant to the general conditions and specifications under which the contract was let that such warranty and
guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the
contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
CORPORATE SEAL
BY:
Attest:
TR-CA-G2-1
1687
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.
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. Contractor shall have the sole responsibility of satisfying itself concerning the
nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation,
access, disposal, handling and storage of materials; availability and quality of labor;
water and electric power; availability and condition of roads; work area; living facilities;
TR-CA-H-1
1687
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
described in other places of the contract documents).
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 within the requirements of the
Collier County Noise Ordinance 93-77, Amended by 96-29, and Article 1, Division 1.5,
Section 1.5.5 of the Collier County Land Development Code. Unless otherwise
specified, work will generally be limited to the hours of 9:00 a.m. to 3:30 p.m., Monday
through Friday, except for County Holidays. No work REQUIRING LANE CLOSURES
shall be performed outside the specified hours without the prior approval of the Project
Manager.
TR-CA-H-2
4.
PROGRESS PAYMENTS.
1687
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 to the Project Manager 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
submit to the Project Manager a complete list of all its proposed subcontractors and
material-men, showing the work and materials involved and the dollar amount of each
proposed subcontract and purchase order. The first Application for Payment shall be
submitted no earlier than thirty (30) days after the Commencement Date.
4.3. 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 agreed to by the Owner in writing, the Application for Payment shall also 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.
4.4. Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager. Within twenty (20) business days after the date of each
Application for Payment is stamped as received, the Project Manager, or Consultant,
shall either:
(1) Indicate his approval of the requested payment; (2) indicate his approval of only a
portion of the requested payment, stating in writing its reasons therefor; or (3) return the
Application for Payment to the Contractor indicating, in writing, the reason for refusing
to approve payment. Payments of proper invoices shall be processed in accordance
with Section 218.735, Florida Statutes and the administrative procedures established by
the County's Purchasing Department and the Clerk of Courts' Finance Department
respectively.
In the event of a total denial 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.
TR-CA-H-3
1687
Owner shall retain ten percent (10%) of the gross amount of each monthly payment
request or ten percent (10%) of the portion thereof approved by the Project Manager for
payment, whichever is less. Such sum shall be accumulated and not released to
Contractor until final payment is due unless otherwise agreed to by the Owner. The
Project Manager shall have the discretion to establish, in writing, a schedule to
periodically reduce the percentage of cumulative retainage held through out the course
of the project schedule. Collier County shall reserve the right to reduce the amount of
the retainage witheld subject to the guidelines as set forth in the County's Purchasing
Policy.
4.5. Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's work.
4.6. Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing
that all materials, labor, equipment and other bills associated with that portion of the
Work payment is being requested on have been paid in full. For all payments
subsequent to the first payment, the Owner shall not be required to make payment until
and unless these affidavits are furnished by Contractor.
4.7. Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.8 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 enclosed in the agreement and labeled
Exhibit G.
5. PAYMENTS WITHHELD.
5.1. The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the contract documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
TR-CA-H-4
1687
(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.
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. Owner
also may offset against any sums due Contractor the amount of any liquidated or non-
liquidated obligations of Contractor to Owner, whether relating to or arising out of this
Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1. Owner shall make final payment to Contractor within thirty (30) calendar days
after the Work is finally inspected and accepted by Project Manager in accordance 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 Sureties consent to final
payment and such other documentation that may be required by the Contract
Documents and the Owner.
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 and identified by
Contractor as unsettled at the time of the final Application for Payment. Neither the
acceptance of the Work nor payment by Owner shall be deemed to be a waiver of
Owner's right to enforce any obligations of Contractor hereunder or to the recovery of
damages for defective Work not discovered by the Design Professional or Project
Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1. Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2. Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
TR-CA-H-5
1687
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.
7.3. If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4. If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to
evaluate each proposed substitute and, if need be, to consult with the Design
Professional. No substitute will be ordered I installed or utilized without the Project
Manager's prior written acceptance which shall be evidenced by either 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
TR-CA-H-6
1687
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. Soil conditions which adversely affect the Work;
8.1.3. The hours of operation by Contractor's and Sub-Contractor's 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;
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.
TR-CA-H-7
1687
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, 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 five (5) year 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
TR-CA-H-8
1687
enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or
.lockouts, Contractor shall notify the Owner in writing within forty-~ight (48) hours after
the commencement of such delay, stating the cause or causes thereof, or be deemed
to have waived any right which Contractor may have had to request a time extension.
9.3. No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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.
10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3. If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4. In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
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and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
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.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11.1. Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2. Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours after the first day of the event giving rise to such Claim or else the
Contractor shall be deemed to have waived the Claim. Written supporting data shall be
submitted to the Project Manager within fifteen (15) calendar days after the occurrence
of the event, unless the Owner grants additional time in writing, or else the Contractor
shall be deemed to have waived the Claim. Claims not settled by the aforesaid
procedure, shall be resolved according to the Dispute Resolution Procedure, copies
which are available in the County Attorney's Office or the Purchasing Department
Office. 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.
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12. OTHER WORK.
168~
12.1. Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2. Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3. If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the
receipt and sufficiency of which is accepted through the signing of this document, shall
hold harmless and defend Collier County and its agents and employees from all suits
and actions, including attorneys' fees and all costs of litigation and judgments of any
name and description arising out of or incidental to the performance of this contract or
work performed thereunder. This provision shall also pertain to any claims brought
against the County by any employee of the named ContractorNendor, any
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168
Subcontractor, or anyone directly or indirectly employed by any of them. The
Contractor I Vendor's obligation under this provision shall not be limited in any way by
the agreed upon contract price as shown in this Contract or the ContractorNendor's
limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars
($100.00) of money received on the contract price is considered as payment of this
obligation by the County.
13.2. This section does not pertain to any incident arising from the sole negligence of
Collier County.
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.
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. 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 County'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.
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17. PERMITS, LICENSES AND TAXES.
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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 is responsible for acquiring all permits.
Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier County agencies when the Contractor is acquiring permits.
17.2. All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1. Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice, 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.
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1687
18.3. If Owner deems any of the foregoing remedies necessary, Contractor agrees
that it shall not be entitled to receive any further payments hereunder until after the
Project is completed. All moneys expended and all of the costs, losses, damages and
extra expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance
of the Contract Amount exceeds all such costs, expenditures and damages incurred by
the Owner to complete the Work, such excess shall be paid to the Contractor. The
amount to be paid to the Contractor or Owner, as the case may be, shall be approved
by the Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4. The liability of Contractor hereunder shall extend to and include the full amount
of any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5. If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then Contractor's remedies against Owner shall be the same as and
limited to those afforded Contractor under Section 19 below.
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
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1687
exclusive remedy shall be to seek an extension of time to its schedule in accordance
with the procedures set forth in the Contract Documents. In no event shall the
Contractor be entitled to any additional compensation or damages. Provided, however,
if the ordered suspension exceeds six (6) months, the Contractor shall have the right to
terminate the Agreement with respect to that portion of the Work which is subject to the
ordered suspension.
20. COMPLETION.
20.1. When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
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 and upon receipt of a final Application for Payment, 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 Certificate of
Final Completion. The County, 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 shall issue a Certificate for Final Payment. Neither
the final payment nor the retainage shall become due and payable until Contractor
submits:
(1) The Release and Affidavit in the form attached as Exhibit C.
(2) Consent of surety to final payment.
(3) 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.
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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 material-men supplying materials, equipment
or fixtures to be incorporated into the Project. Contractor warrants to Owner that any
materials and equipment furnished under the Contract Documents shall be new unless
otherwise specified, and that all Work shall be of good quality, free from all defects and
in conformance with the Contract Documents. Contractor further warrants to Owner that
all materials and equipment furnished under the Contract Documents shall be applied,
installed, connected, erected, used, cleaned and conditioned in accordance with the
instructions of the applicable manufacturers, fabricators, suppliers or processors except
as otherwise provided for in the Contract Documents. If, within one (1) year after
substantial completion, any Work is found to be defective or not in conformance with
the Contract Documents, Contractor shall correct it promptly after receipt of written
notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such
replacement or repair. 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
any other 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 County to disqualify the
Contractor from future County bid opportunities.
21.3 The Contractor shall be fully responsible to the County and Consultant for all
acts and omissions of the Subcontractors, suppliers and other persons and
organizations performing or furnishing any of the work under a direct or indirect contract
with the Contractor just as the Contractor is responsible for Contractor's own acts and
omissions. Nothing in the Contract Documents shall create any contractual relationship
between the County or Consultant and any such Subcontractor, supplier, or other
person or organization, nor shall it create any obligation on the part of the County or
Consultant to payor to see to the payment of any moneys due any such Subcontractor,
supplier, or other person or organization except as may otherwise be required by laws
and regulations.
21.4 The Contractor agrees to bind specifically every Subcontractor to the applicable
terms and conditions of the Contract Documents to the benefit of the County. All Work
performed for the Contractor by a Subcontractor shall be pursuant to an appropriate
agreement between the Contractor and the Subcontractor.
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1687
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 Inspection, testing or approval of any portion of Work that is required by (i) any
applicable codes, laws, ordinances, rules or regulations of any public authority other
than Collier County, or (ii) permits issued by any public authority other than Collier
County, shall be arranged by Contractor, at Contractor's expense, without right of
reimbursement from Owner. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Project Manager. Contractor shall
provide Owner with the required certificates of inspection, testing or approval.
Other inspection, testing or approval of any portion of Work, that is required by (i) the
Contract Documents, (ii) codes, laws, ordinances, rules or regulations of Collier County,
(iii) permits issued by Collier County, (iv) the Project Manager or (v) the Design
Professional, shall be conducted by Owner or a person designated by Owner and shall
be accomplished at Owner's or such person's expense. Contractor shall cooperate with
such process. If the Work fails the inspection, test or conditions of approval, then
Contractor shall promptly correct the deficiency at Contractor's cost, without right of
reimbursement from Owner, and shall notify Owner when the Work is ready for re-
inspection, re-test or re-approval. Owner shall charge Contractor the cost of re-
inspection, re-test or re-approval, including but not limited to fees and charges of
professional service providers.
22.3. If any Work that is to be inspected, tested or approved is covered without prior
written concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation, and replaced if necessary, at Contractor's
expense without right of reimbursement from Owner. If, however, Contractor had given
Project Manager timely notice of Contractor' intention to cover the Work and Project
Manager had not responded after a reasonable period of time, then Owner shall bear
such expense.
22.4. 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
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23.2. Work, whether or not fabricated, installed or completed, or if the defective w! 6 8 7
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 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; however, this right of Project Manager to stop the
Work shall not give rise to any duty on the part of Owner or Project Manager to exercise
this right for the benefit of Contractor or any other party.
23.3. 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.
23.4 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. 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.
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24. SUPERVISION AND SUPERINTENDENTS.
1687
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 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.
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. 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.
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26. EMERGENCIES.
1687
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 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
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to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative 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.
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
Collier County 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 agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of
the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at 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 MOT policy will be enforced under this Contract.
TR-CA-H-21
All costs associated with the Maintenance of Traffic shall be included on the line iteJ 6 B ~
on the bid proposal page. MOT is to be provided within ten (10) days of receipt of
Notice of Award.
31. DIRECT PURCHASE
32.1 The County reserves the right to require Contractor to assign some or all of its
agreements with material suppliers directly to the County. Any such goods and/or
materials purchased by the County pursuant to such an assignment of a material
supply agreement shall be referred to as "County Furnished Materials" and the
responsibilities of both the County and the Contractor relating to said materials shall be
governed by the terms and conditions of this Bid which shall take precedence over
other conditions and terms of this Bid where inconsistencies or conflicts exist.
Additionally, the County; at it's sole option; may choose to purchase some or all of the
goods and/or materials from other suppliers. In either instance the County may require
the following information from the Contractor:
A. Required quantities of material.
B. Specifications relating to goods and/or materials required for job including
brand and/or model number or type if applicable
C. Pricing and availability of goods and/or materials provided under
Contractor's agreements with material suppliers
32.2 Purchasing
Upon receipt of a proper requisition (including appropriate backup material(s), the
Purchasing Department shall issue a Purchase Order for the material required. Each
Purchase Order shall contain the County's certificate of exemption number. The
Purchase order shall be given to the Project Manager for completion of the ordering
process. Unless the following items were included in the quote provided by the vendor
to the Project Manager, the Purchase Order shall also provide for reimbursement of the
cost to the supplier for:
A. Shipping and handling
B. Insurance costs
C. Performance Bond
32.3 General Terms and Conditions
A. Contractor shall be required to maintain records of all County-furnished
materials that it incorporates into the project from the stock of County-
furnished materials in its possession. Such records shall be furnished
monthly to the Project Manager or their designee and shall include
information on materials that have 1. Been delivered into the Contractor's
possession and/or 2. been incorporated into the project.
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1687
B. Notwithstanding the transfer of County-furnished materials by the County to
the Contractor's possession, the County shall retain legal and equitable title
to any and all County-furnished materials.
C. The transfer of possession of County-furnished materials from the County to
the Contractor shall constitute a bailment for the mutual benefit of the County
and the Contractor. The County shall be considered the bailor, and the
Contractor the bailee for the County-furnished materials. County-furnished
materials shall be considered returned to the County for purposes of their
bailment at such time as they are incorporated into the Project.
D. The County shall purchase and maintain insurance sufficient to protect
against any loss or damage to County-furnished materials. Such insurance
shall cover the replacement cost of any County-furnished materials not yet
incorporated into the Project during the period between the time the County
first takes title to any such materials and the time when the last of said
materials are incorporated into the project.
E. The County shall in no way be liable for any interruption or delay in the
project, for any defects or other problems with the project, or for any additional
costs resulting from any delay in the delivery of, or defects in, County-furnished
materials, except in the event of the County's gross negligence or willful
misconduct.
F. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the
Contractor as an agent of the County.
TR-CA-H23
16 B~
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
TR-CA-I-1
1687
EXHIBIT J
TECHNICAL SPECIFICATIONS
TR-CA-J-1
1687
EXHIBIT J-l
TECHNICAL SPECIFICA nONS - ROADWAY
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) "STANDARD SPECIFICATIONS
FOR ROAD AND BRIDGE CONSTRUCTION" (2004 EDITION, AS AMENDED TO DATE), AND
THE FOLLOWING SPECIAL PROVISIONS AMENDING THE STANDARD SPECIFICATIONS, ARE
HEREBY ADOPTED AND MADE A PART OF THE CONTRACT DOCUMENTS. IN CASES OF
DISCREPANCY, THE GOVERNING ORDER OF THE DOCUMENTS SHALL BE AS FOLLOWS:
1. Advertisement for bids, instructions to bidders, proposal, contract form, payment and
performance bond.
2. Construction Plans
3. Technical Specifications
4. FDOT 2004 Design Standards
5. FDOT Standard Specifications for Roadway and Bridge Construction
GENERAL NOTE: Many sections within Division I of the FDOT Standard Specifications for Road and
Bridge Construction, 2004 Edition, have been deleted by this Exhibit J-l, and in some cases replaced by
provisions within Exhibit H. For the Contractor's convenience, the Owner has attempted to identify the
provisions(s) in Exhibit H replacing the deleted sections. However, the Contractor is responsible for
reviewing all contract documents and the Owner's failure to cross reference a deleted section with its
replacement section or sections in Exhibit H shall not relieve the Contractor from complying with the
requirements included in Exhibit H. If a section within the FDOT Standard Specifications for Road and
Bridge Construction, 2004 Edition, is deleted by this Exhibit J-l and there is no corresponding replacement
provision within Exhibit H, that section is deleted and not applicable to this project.
Any references in Division II to sections within Division I which have been deleted and replaced by
provisions in Exhibit H shall be treated as references to the applicable sections within Exhibit H.
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1687
LIST OF REVISIONS TO THE FDOT
ST ANDARD SPECIFICATIONS FOR ROAD AND
BRIDGE CONSTRUCTION, 2004 EDITION
DIVISION I
......... .......... ...... .......... ........ ........ .................. ...... ............ .......... ..... .......... ..................... 3
GENERAL REQUIREMENTS AND COVEN ANTS ................................................................................ 3
SECTION 1 - DEFINITIONS AND TERMS............................................................................................3
SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS .....................................................4
SECTION 3 - AWARD AND EXECUTION OF CONTRACTS .............................................................4
SECTION 4 - SCOPE OF WORK.............................................................................................................4
SECTION 5 - CONTROL OF THE WORK..............................................................................................4
SECTION 6 - CONTROL OF MA TERIALS............................................................................................5
SECTION 7 -LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC .......................7
SECTION 8 - PROSECUTION AND PROGRESS ................................................................................10
SECTION 9 - MEASUREMENT AND PAYMENT ..............................................................................12
DIVISION II
...................................................................................................................................14
CONSTRUCTION DETAILS................. ........................... ........................... ...................................... ....... 14
SECTION 100 -CONSTRUCTION EQUIPMENT - GENERAL REQUIREMENTS ..........................14
SECTION 102 -MAINTENANCE OF TRAFFIC................................................................................... 14
SECTION 110 -CLEARING AND GRUBBING ....................................................................................14
SECTION 120 - EXCAVATION AND EMBANKMENT ................................................................... .15
SECTION 125 -EXCAVATIONS FOR STRUCTURES ........................................................................16
SECTION 160 -STABILIZING ..............................................................................................................17
SECTION 200 -LIMEROCK BASE .......................................................................................................17
SECTION 285 -OPTIONAL BASE COURSE........................................................................................17
SECTION 300 -PRlME AND TACK COATS FOR BASE COURSES................................................. 18
SECTION 330 -HOT BITUMINOUS MIXTURES - QUALITY ASSURANCE GENERAL
CONSTRUCTION REQUIREMENTS AND ACCEPTANCE PROCEDURES......... 18
SECTION 430 - PIPE CULVERTS AND STORM SEWERS................................................................ 18
SECTION 575 - SODDING ....................................................................................................................19
SECTION 700 - HIGHWAY SIGNING .................................................................................................20
DIVISION III
........................ ................................. ................................ ........ .......... ........ ................ 21
MATERIALS
................... .... .................................. .......... ................ .... .................... ........ ................ 21
SECTION 941 - CONCRETE PIPE ....................................................................................................... 21
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SPECIAL PROVISIONS
DIVISION I
GENERAL REQUIREMENTS AND COVENANTS
SECTION 1 - DEFINITIONS AND TERMS
ARTICLE 1-3 Advertisement - Delete the definition of this term in its entirety and substitute the
following in lieu thereof
"Advertisement. An official Notice to Contractors stating the time and place for submission of sealed
proposals on designated projects or proposed work. This notice contains a description of the proposed work,
instructions to the bidder regarding proposal forms, proposal guaranty, plans, specifications, and the
reservation of the right of the County to reject any or all bids."
ARTICLE 1-3
to read as follows:
Change Order - Change the first line and part of the second line of this definition
"Change Order. A written order issued by the Engineer to the Contractor covering minor changes in the
plans... "
ARTICLE 1-3
following:
Department. delete the definition of this term in its entirety and substitute the
"Collier County Board of County Commissioners".
ARTICLE 1-3 Engineer - Delete the first four (4) words of the first sentence and substitute the
following in lieu thereof
"The Transportation Administrator, Collier County, Florida, or his designee..."
ARTICLE 1-3 Holidays - Delete the definition of this term in its entirety and substitute the
following in lieu thereof
"Holidays. Days designated by the Board of County Commissioners, Collier County, Florida"
ARTICLE 1-3 Laboratory - Delete the definition of this term in its entirety and substitute the
following in lieu thereof
"Laboratory - The official testing laboratories of Collier County or other such laboratories as may be
designated by the Engineer."
ARTICLE 1-3 Secretary - Delete the definition of this term in its entirety and substitute the
following in lieu thereof
"1-3 Chairman. The Chairman, Board of County Commissioners, Collier County, Florida, acting directly
or through either the County Manager or the Transportation Administrator."
ARTICLE 1-3 State - Delete the title and provision of this article in its entirety and substitute the
following in lieu thereof
"1-3 County. The Board of County Commissioners, Collier County, Florida, as Owner."
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SECTION 2 - PROPOSAL REOUIREMENTS AND CONDITIONS
ARTICLE 2-1 THRU 2-12 Delete Section 2 in its entirety and refer to "Instructions to Bidders", Parts
"B" & "C" of the Agreement.
SECTION 3 - AWARD AND EXECUTION OF CONTRACT
ARTICLE 3-1 THRU 3-9 Delete Section 3 in its entirety and refer to "Instructions to Bidders", Parts
"B" & "C" of the Agreement.
SECTION 4 - SCOPE OF WORK
ARTICLE 4-1 THRU 4-6
the Agreement.
Delete Section 4 in its entirety and refer to the "Agreement", Part "D" of
SECTION 5 - CONTROL OF THE WORK
ARTICLE 5-1
Delete in its entirety. See Exhibit H.
ARTICLE 5-2
Delete in its entirety. See Section 1.3 in Exhibit H.
ARTICLE 5-3
Delete in its entirety. See Section 1.1 and Section 23 in Exhibit H.
ARTICLE 5-4
Delete in its entirety. See Section 1.2 in Exhibit H.
ARTICLE 5-5
thereof
Delete the provision of this article in its entirety and substitute the following in lieu
"The Engineer shall order changes and execute supplemental agreements as he may decide as provided for
under the Sections of these specifications. The provisions of this article or elsewhere in this Contract
regarding administration by the Owner or action taken pursuant thereto are not intended to and shall not
relieve the Contractor of his responsibility for the management of the work either as regards sufficiency or
the time of performance."
Subarticle 5-7.6
lieu thereof
Delete the provisions afthis article in their entirety and substitute the following in
"The cost of performing construction surveying and layout work as described herein shall be included in
the various work items to which it is incidental. No additional payment shall be made for it.
Additional construction surveying and layout work necessitated as a result of authorized increases in
contract pay quantities shall be included in the affected contract unit prices. No separate payments shall
be authorized by the Engineer".
ARTICLE 5-8 Delete in its entirety. See Section 24 in Exhibit H.
ARTICLE 5-9 Delete in its entirety. See Section 22 & 23 in Exhibit H
ARTICLE 5-10 Delete in its entirety. See Section 20 in Exhibit H.
ARTICLE 5-11 Delete in its entirety. See Section 20 in Exhibit H.
ARTICLE 5-12 Delete in its entirety. See Section 11 in Exhibit H.
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ARTICLE 5-13
Delete in its entirety. See Section 11 in Exhibit H.
ARTICLE 5-14
Section 5 is expanded by the following new Article:
"5-14 AS-BUILT DRAWINGS AND RECORD DRAWINGS. The Contractor shall keep and
maintain one (1) Contract copy of all project plans, drawings, specifications, addenda, written
amendments, change orders, work directive orders, supplemental agreements, and other written
interpretations and clarifications, which shall be annotated by the Contractor to show updated
construction deviations as well as design changes authorized by the Engineer during construction. These
final plans titled "as-built" record plans shall become the ownership of the County
All work under this item shall conform to Florida Statute Chapter 472, and Chapter 61 G-17 -6005
Florida Administrative Code.
The cost of preparing, maintaining, and providing "as-built" plans and documents as specified in this
article shall be included in the Lump Sum Payment for Maintaining and Providing "As-Built" Plans,
Contract Pay Item No. 101-1-1.
Final payment shall not be authorized by the Engineer until such time as the Contractor submits a
complete set of certified "as-built" plans and other documents in satisfactory condition and quantity as
specified in this article.
SECTION 6 - CONTROL OF MATERIALS
ARTICLE 6-1
Delete this article in its entirety.
Subarticle 6-3.4
Delete this subarticle in its entirety.
Subarticle 6-4.4
Add the following to this subarticle;
"The contractor shall pay for the County's cost of all unacceptable retests which are rejected at the
source of supply".
Subarticle 6-5.1
Delete the last sentence of this subarticle and add the following paragraph:
"Except where otherwise indicated in these specifications, the on-site project field testing of selected
materials and laboratory testing of concrete and soil materials required by the Engineer shall be
provided by and at the expense of the County and the Contractor shall coordinate and schedule the
required testing. Also, the Contractor shall pay for the cost of all unacceptable field and laboratory
tests which reveal that the materials failed to meet the requirements of these specifications.
The cost of such failing tests and re-testing will be deducted from the amount due the Contractor on
the fmal pay estimate. The cost per test will be the same total cost per test paid by the County. The
Contractor shall notify the Engineer twenty-four (24) hours prior to the time of required testing so
that the Engineer may arrange to have his representative present."
Subarticle 6-5.6
Subarticle 6-5.6 is expanded by the following new sub-subarticle:
"6-5.6.1 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall
furnish to the Engineer, for review, all Contractor's, subcontractor's and manufacturer's
drawings, which shall be deemed to include shop drawings, catalog cuts, brochures,
illustrations, erection drawings, material lists and performance data, which may be required
by the specifications, requested by the Engineer or otherwise necessary for the proper
execution of the work.
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1687
Unless otherwise provided, not less than two (2) copies, plus those copies necessary for the
Contractor's requirements, of all such drawings shall be submitted to the Engineer for
review. The Contractor shall submit all such drawings to the Engineer in sufficient time to
prevent delays in delivery of materials or in the progress or completion of the work.
At the time of each submission, the Contractor shall, in writing, call the Engineer's attention
to any intentional or known deviations that the shop drawings may have from the
requirements of the contract documents.
The data shown on the shop drawings shall be complete with respect to dimensions, specifications
section, drawings number, date, design criteria, materials of construction and the like to enable the
Engineer to review the information as required.
Where called for, the Contractor shall furnish two (2) samples of each material, texture, color, etc.,
clearly labeled as to name and quality of material, manufacturer and application on the job.
No work requiring a shop drawing or sample submission shall be started until each submission has
been reviewed by the Engineer.
The Engineer's review of shop drawings or samples will not relieve the Contractor from his
responsibility for any deviations from the requirements of the Contract Documents unless the
Contractor has in writing called the Engineer's attention to such deviations at the time of submission
and the Engineer has given written comments on the specific deviation, nor will it relieve the
Contractor from errors or omissions in the shop drawings.
Shop drawing submittals processed by the Engineer shall not be construed as change orders; the
purpose of shop drawing submittals is to demonstrate to the Engineer that the Contractor understands
the design concept, and that his understanding is demonstrated by indicating the equipment and
material to be furnished and installed. Corrections or changes indicated by the Engineer on the shop
drawings do not constitute authorization to perform extra work.
The review of shop drawings and schedules shall be considered general and shall not be construed as
permitting any departure from the Contract requirements. The design drawings and contract
specifications shall take precedence over the shop drawings in the event of deviations, discrepancies,
or conflicts, regardless of the time of discovery of the deviation, discrepancy, or conflict.
One (1) complete set of all review shop drawings and samples shall be kept at the site at all times.
During work specified or shown on the shop drawings, the Contractor shall make no deviation from
the reviewed drawings, and the changes made thereon by the Engineer, if any.
The Contractor shall, upon completion of the work, furnish to the Engineer, two (2) complete sets of
prints neatly bound together, and in good condition, of all the contractor's subcontractor's and
manufacturer's drawings as fmally checked and reviewed by the Engineer with all modifications
accepted by the Engineer subsequent thereto, showing the work as actually completed.
Subarticle 6-5.10 Delete the provisions of this subarticle in their entirety and substitute the
following in lieu thereof
"6-5.10 Asphaltic Concrete Mix Designs: The responsibility for costs associated with mix(es) for
asphaltic concrete shall be borne by the Contractor."
Subarticle 6-6.2
This subarticle is expanded asfollows:
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1687
"For areas within the project limits approved by the Engineer as sites suitable for storage of
materials, the Contractor shall, if deemed necessary by the Engineer, design, furnish, and install
"temporary positive barrier systems" in conformance with the guidelines set forth in the U.S.
Department of Transportation Warrants for Temporary Positive Barriers in Highway Work Areas,
latest edition. The work of designing, furnishing, installing, maintaining and removing such barriers
shall be included in the Contractor's price bid for Maintenance of Traffic, Contract Pay Item No.
102-1.
SECTION 7 - LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC
Subarticle 7-1.1
Thefollowing paragraph is to be added at the end of this sub-article:
"The Contractor's attention is directed to the fact that the noise generated by his construction
equipment and/or operations must comply with all applicable Federal, State and local environmental
regulations. In the event noise sensitive sites are identified during construction, the County may
direct that effective and/or additional abatement measures be utilized. The Contractor shall
specifically comply with Collier County Ordinance 77-4 as amended. No additional or separate
payment shall be authorized to comply with the required abatement measures contained in this
ordinance."
Add the following sub article to Article 7-2:
Subarticle 7-2.2.1
"7-2.2.l NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT CONDITIONS: Storm Water Pollution Prevention Plan (PPP): The Owner shall be
responsible for developing the PPP in accordance with the terms and conditions of the U.S.
Environmental Protection Agency's NPDES General Permits for Storm Water
discharges associated with Construction Activities.
The Contractor, and his subcontractors, shall be responsible for implementing the best
management practices and measures identified in the PPP. The Contractor, and any sub-
contractor must acknowledge that he understands the terms and conditions of the EPA NPDES
General Permit. The Contractor and his subcontractors shall make such certification in the attached
form entitled "Contractor's Certification Pollution Prevention Plan (J-1-9)." Such certification shall
be made part of this contract document.
In the event there are no permits required to construct the project, or the approved permits
do not specifically address erosion and water pollution or they do not contain special
conditions relating to erosion and water pollution, the project erosion control plan shall be
governed by Subarticles 7-1.1,7-2.2,7-8.1,7-8.2, and Articles 104-1 through 104-10."
ARTICLE 7-5 Delete the provisions of this article in their entirety and substitute the following in lieu
thereof
"7-5 Restoration of Surfaces Opened by Permit. The Owner reserves the right to allow parties
other than the Contractor or its subcontractors, upon presentation of a duly authorized and satisfactory
Collier County Rights-of-Way Permit, to make openings in the existing highway within the limits of
construction. In all such instances, the Contractor will afford parties bearing such permits reasonable
opportunity for the proper execution of the work under Permit including the right to store materials
and equipment. All parties authorized to perform work within the right-of-way shall make, in an
acceptable manner, all necessary repairs due to such openings
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CONTRACTOR'S CERTIFICATION
POLLUTION PREVENTION PLAN
Facility Identification
Facility Name: New Market Road at Charlotte Street
Project No. 60016
Owner: Collier County Board of County Commissioners
Facility Location: New Market Road north of Charlotte Street. Immokalee
City: Naoles
County: Collier
State: Florida
Latitude 26025'
Longitude: 81025'
Section: 34 Township: 46S
Range: 29E
Certification Statement
I certify under penalty of law that I understand the terms and conditions of the general National Pollutant
Discharge Elimination System (NPDES) permit that authorizes the storm water discharge associated with
industrial activity from the construction site identified as part of this certification.
(The certification must be signed by a responsible corporate officer which means a: l) president, secretary,
treasurer, or vice-president of the corporation in charge of a principal business function, or any other person
who performs similar policy or decision-making functions for the corporation or 2) for a partnership or sole
proprietorship, by a general partner or the proprietor.)
For:
(Type name of company)
By:
(Principal' s Signature)
(Date)
Name:
(Print or Type)
Title:
(Print or Type)
Address:
Telephone No:
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and such work ordered by the Engineer shall be subject to the conditions specified in Collier County
Ordinance No. 82-91."
Subarticle 7-7.2 Expand this subarticle as follows:
"The Contractor's attention is directed to the fact that it will be his responsibility to determine the
means of transport of the oversize and/or overweight structural members from the site of casting of
fabrication to the project site."
Subarticle 7-7.3 Delete the text and substitute the following:
"Where it is necessary to cross an existing County road or street, including specifically the
existing and proposed travel lanes within the limits of the project, permits will be granted by the
Engineer, upon the request of the Contractor, for such crossing by overloaded or oversize
equipment and crossing will be permitted only at designated points. The Engineer will designate
the point, or points, at which the crossing shall be made, and may require protection of the
pavement at the crossing by use of lumber, planks, asphalt, fill or other materials. The Contractor
will be required to provide flagging and watchman service, or approved signal devices, for the
protection of traffic at all such crossings, in accordance with an approved maintenance of traffic
plan to be submitted by the Contractor for such purpose."
Subarticle 7-7.5
Delete the text and substitute the following:
"The Contractor shall, at Contractor's expense, hire a Professional Engineer, registered in the
State of Florida, to analyze the effect of imposed loads on structures or underground facilities
Resulting from the following operations:
(1)
a)
b)
Overloaded Equipment as defined in 7-7.2
operating on or crossing over completed structures, or completed underground facilities.
operating on or crossing over partially completed structures or partially completed
underground facilities.
Equipment within legal load limits:
operating on or crossing over partially completed structures or partially completed
underground facilities.
(2)
a)
A completed structure or underground facility (storm, sanitary and water pipe systems; underground
utility structures, etc.) is a structure or underground facility in which all elemental components
comprising the total load carrying assembly have been completed, assembled and connected in their
final position. The components to be considered shall also include any related mediums transferring
load to any structure or underground facility such as backfill, embankment, sub grade, base and
pavement where any such structure or underground facility is situated beneath the fmished surface.
The Professional Engineer shall determine the effect the equipment loads have on the structure and
the procedures by which the loaded equipment can be used without exceeding the load capacity for
which the structure was designed.
The Contractor shall submit to the Engineer for approval two (2) copies of design calculation, layout
drawings and erection drawings showing how his equipment is to be used so that the structures will
not be over stressed. These requirements as specified under 7-7.5 shall be prerequisite and
mandatory to securing a permit for overloaded equipment as indicated in 7-7.2 and 7-7.3."
ARTICLE 7-9
Add the following to this article:
"The Contractor must obtain written authorization from the Engineer prior to undertaking any work
associated with the use of explosives. All such operations shall be performed in compliance with Collier
County Ordinance No. 73-11 and No. 82-94, as may be amended. Rock excavation shall be attempted
without blasting."
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Subarticle 7-11.1
The following is added to this subarticle:
"Damage to Collier County Water-Sewer District pipelines and structures shall be repaired in
accordance to the Collier County Utilities Standards and Procedures Ordinance No. 97-17 and all
amendments thereto. All other property damaged shall be restored to a condition similar or equal to
that existing before such damage or injury was done by the Contractor, and at his own expense, or he
shall make good such damage or injury in an acceptable manner."
Subarticle 7-12.1
Delete this subarticle in its entirety. See Section 13 in Exhibit H.
ARTICLE 7-13 Delete this article in its entirety. See Section 13 in Exhibit H, and Exhibit B
"Insurance Requirements".
ARTICLE 7-14
Delete this article in its entirety. See Section 25 in Exhibit H
ARTICLE 7-16
Delete this article in its entirety.
ARTICLE 7-17
lieu thereof'
Delete the provisions of this article in their entirety and substitute the following in
"Supplemental Agreements (inclusive of Change Orders) shall be authorized in accordance with purchasing
policies adopted by the Owner."
SECTION 8 - PROSECUTION AND PROGRESS
Subarticle 8-3.1 Delete this sub article in its entirety.
Subarticle 8-3.2 Delete the provisions of this subarticle in their entirety. See Section 3 in
Exhibit H
Subarticle 8-3.3 In the ninth line delete the phrase "30 days" and substitute the phrase "90
days" in lieu thereof
Subarticle 8-3.5 Delete the provisions of this subarticle in their entirety and substitute the
following in lieu thereof
"After the award of contract and prior to the issuance of the 'Notice to Proceed with Contract Work',
a conference will be held to discuss the date for the 'Notice to Proceed' and the effective date to be
contained therein, to establish procedures for handling shop drawings and other submissions and for
processing applications for payment, and to establish a working understanding between the parties as
to Contractor's project management responsibilities.
Present at the conference will be the Contractor and his Subcontractors, Utility companies and the
Engineer. The time and place of this conference will be set by the Engineer. The Contractor shall
be represented at the conference by a person authorized to speak on behalf of the Contractor,
together with all of the Contractor's supervisory personnel who will be on the project continually;
and shall submit all required plans, sketches, data and other material at that time as specified in the
special provisions and standard specifications. The Contractor shall submit the following minimum
information to the Engineer for his review and approval on or prior to the date established for the
pre-construction conference:
a. Name/qualifications of the Contractor's proposed full-time superintendent.
b. Name qualifications of the Contractor's representative for implementing and
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maintaining the Maintenance of Traffic plan during construction.
c. Listing/qualifications of the Contractor's proposed subcontractors.
d. Project Schedule.
e. Maintenance of Traffic plan.
f. Quality control plan per section 330-2.2 of the standard specifications.
g. Type/location of Contractor's proposed field office if part of the Contract.
h. Name/qualifications of Contractor's registered land surveyor and/or non-registered
Land surveyor.
i. Name/qualifications or Contractor's safety officer.
Subarticle 8.3.6
Add the following new subarticle to article 8-3.
"8-3.6 Progress Meetings: The Contractor shall attend regular progress meetings with and between
the Owner field representatives and those of the Contractor, subcontractors, utility companies, and
other parties having an interest in the Contract. The progress meetings shall be hosted by the Owner
and held at locations to be mutually agreed upon by the Owner and the Contractor at two (2) week
intervals, unless otherwise required by specific construction conditions. The purpose of such
meetings shall include, but not be limited to, discussing all general aspects of the project and
specifically addressing problem areas, schedules, progress payments, and other construction related
items and issues. The Contractor is further obligated to assign a person to each progress meeting for
the express purpose of taking and formally documenting the minutes of the meetings. The
Contractor shall submit formal minutes of each progress meeting in typed format to the Engineer for
his review and approval no later than seven (7) calendar days after the date on which each meeting
was held. The Contractor and the Engineer shall sign the minutes documents prior to distribution to
all attendees."
Subarticle 8-4.1.1
Add the following new sub article to article 8-4.1.
"8-4.1.1 Holiday and weekend work: If work is authorized by the Engineer on holidays
and weekends, the Contractor shall notify the Engineer seventy two (72) hours in advance
of the time and date on which the Contractor or any of his subcontractors propose to
perform work during such time periods to afford the Engineer ample time to effectively
schedule his inspection personnel in accordance with the Contractor's timetable."
Subarticle 8-4.2
Add the following to this subarticle:
"Specific requirements pertaining to the sequence of operations for constructing the project and
maintaining traffic shall be included in the Contractor's project schedule."
Subarticle 8-4.4
lieu thereof
Delete the first paragraph in its entirety and substitute the following in
"The Contractor shall schedule his work, dispose of his materials, and operate his equipment in a
manner so as to not interfere with or delay the operations of other contractors engaged in work
within or adjacent to the limits of construction under this Contract. Also, the Contractor shall, in
accordance with the intent and spirit of the plans and specifications, coordinate and join his work to
that of other contractors in the proper sequence as may be directed by the Engineer. "Other
Contractors" as stated above shall mean the County, utility companies, or other general Contractors
authorized by, or having separate agreements, with Collier County or the State of
Florida Department of Transportation."
Subarticle 8-6.3 Delete the provisions of this subarticle in their entirety and substitute
the following in lieu thereof
"8-6.3 Permission to Suspend Work. The Contractor is not authorized to suspend or cease
construction activities, operations, or maintenance of constructed improvements, nor remove
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equipment or materials necessary for the uninterrupted continuance of the work, unless such
suspensions or cessations of work are approved by the Engineer in writing.
When the Prime Contractor's operations encounter or expose any abnormal condition which may
indicate the presence of a hazardous waste, toxic waste, or contaminants, such operations shall cease
immediately in the vicinity of the abnormal condition and the Engineer shall be notified. The
presence of tanks or barrels; discolored earth, metal, wood, ground water, etc.; visible fumes;
abnormal odors; excessively hot earth; smoke; or other conditions which appear abnormal may be
indicators of hazardous or toxic wastes or contaminants and shall be treated with extraordinary
caution.
Every effort shall be made by the Contractor to minimize the spread of any contamination into
uncontaminated areas. The Contractor will immediately provide for the health and safety of all
workers at the job site, as well as making any provisions necessary for the health and safety of the
public that may be exposed to any potentially hazardous conditions. Such provisions shall be
according to any applicable laws, rules or regulation covering the hazardous conditions and will be
in a manner commensurate with the gravity of the conditions.
The Contractor will provide access to the area of the potential contamination. Preliminary
investigation by the County will determine what course of action will be necessary for the security of
the site and what steps are necessary under applicable laws, rules, and regulations for additional
assessment and/or remediation work to resolve the contamination issue. The County will, as soon as
possible, delineate the area(s) of contamination, any staging or holding area that may be required in
conjunction with his work, and, in cooperation with the Contractor and Engineer, develop a work
plan that will provide a schedule of the County's operations with projected completion dates for the
fmal resolution of the contamination issue. Upon delineation of the contaminated areas and any
staging holding areas associated therewith, the County shall maintain jurisdiction over all activities
therein. The Contractor will also be responsible for providing continuous access to these areas for
the County and for representatives of any regulatory or enforcement agency having jurisdiction.
The aforementioned schedule shall be used by both Contractor and County as a basis for planning
the completion of both work efforts. Contract time extensions may be granted by the Engineer to the
Contractor according to the provisions of 8-7.3.2. It will be the responsibility of the Contractor to
cooperate with the County to expedite the integration of the County's operations into the
construction project.
The Contractor will not be expected to engage in routine construction activities such as excavating,
grading, or any type of soil manipulation, or in any construction processes that may be required to
accommodate a construction feature if the handling of contaminated soil, surface water or ground
water is involved in the process. All such routine construction activities will be by the County.
Adjustments to quantities or to contract unit prices will be made according to any additions or
reductions of work on the part of the Contractor in accordance with Article 9-3 and Exhibit "H" of
the Agreement. Under no circumstances will the Contractor resume operations in the affected area
until so directed by the Engineer."
Subarticle 8-10.1
Delete this sub article in its entirety
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SECTION 9 - MEASUREMENT AND PAYMENT
Subarticle 9.5.1
Delete the third paragraph of this subarticle and substitute the following:
The Owner will determine the amount retained in accordance with the following schedule:
Percentage of Contract
Amount Completed
Amount Retained
0% to 50%
10% of value of Contract Amount
work completed
0% of value of work exceeding
50% of Contract Amount
50% to 100%
Subarticle 9-5.4
Delete the first paragraph of this subarticle and substitute the following:
"When the Engineer has given the Contractor a written Notice of Final Acceptance, and the
Contractor has
furnished to the County all submittals required by the Contract such as invoices, materials
certifications,
etc. (excluding Contractor's letter of acceptance offmal amount due) and the Engineer has
determined that
the measurement and computation of pay quantities is correct, the retainage may be reduced to
$l,OOO.OO
plus any amount the County elects to deduct for unsatisfied claims for labor or material or for
defective work as provided in 9-5.3."
Subarticle 9-5.5.1 Add the following condition to the second paragraph:
"(7) The Engineer will not authorize partial payments for materials stockpiled until such time as the
Contractor furnishes the County evidence of legal title for the materials under consideration,
free of liens or encumbrances of any kind. In addition to the receipt of certified invoices to
document the value of materials received, the Engineer may request a properly executed Affidavit
or Release of Lien attesting to the purchase of such materials."
Subarticle 9-5.6 Delete the first paragraph in its entirety and substitute the following:
"The prime Contractor shall certify that all subcontractors having an interest in the Contract were
paid for satisfactory performance of their Contracts and that the retainage is returned to
subcontractors within 30 days after satisfactory completion of all the subcontractor's work and
materials furnished."
Subarticle 9-6.1 Add a second paragraph that states the following:
"Not later than one month after the date of completion of the proj ect, the Contractor shall
furnish to the Engineer a certification of construction materials procured for the project
by the prime and all subcontractors. This certification shall consist of a summary
showing the quantity, unit of measure and kind of material, name of supplier and
inclusive dates of purchase and shall include an affidavit, all to be completed on forms
which are to be furnished by the Engineer or copies made therefrom."
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168:(
ARTICLE 9-8 Delete the provisions of the second paragraph in their entirety. Delete the provision of
Paragraphs (j), (g) and (h) in their entirety.
ARTICLE 9-9
thereof
Delete the provisions of this article in their entirety and substitute the following in lieu
"9-9 Payments
(1) As used in this article the terms "dispute" or "pending claim" refer to a dispute or pending claim between the
the Prime Contractor and the Owner.
(2) The Engineer will petition the Board of County Commissioners to authorize Release of Final Payment within
ninety (90) days of receipt by the Engineer of all documents which are required by the Contract from the Contractor
with the exception of the Affidavit and Release of all Claims, and the receipt ofa consent letter from the Contractor's
Surety for release of payment of the retained percentage and fmal estimate to the Contractor. Should the Contractor,
due to his own actions, fail to return the Affidavit and Release of all Claims and the Surety's consent to the Engineer,
within sixty (60) days of the above established date, then final Payment will be made by the Board of County
Commissioners within thirty (30) days ofreceipt by the Engineer of said documents. Final Payment shall not be
made as to any amount which is in dispute or the subject of a pending claim; and provided further, that Final Payment
shall be so made as to that subject of a pending claim; and provided further, that Final Payment shall be so made as to
that portion of a Contract or those amounts which are not in dispute or the subject of a pending claim. Such partial
payments, however, shall not constitute any bar, admission or, estoppel, or have any effect as to those payments in
dispute or the subject of a pending claim. The Contractor will receive the Final Payment within ninety (90) days of
receipt of all documents required by the Contract or within thirty (30) days after receipt of the Affidavit and Release
of all Claims and the Surety's consent to the Engineer, if authorization for Release of fmal Payment is given by the
Board of County Commissioners pursuant to Section 8-11.
ARTICLE 9-10
thereof
Delete the provisions of this article in their entirety and substitute the following in lieu
"9-10 Final Affidavit and Release of all Claims by Contractor. Upon completion of the work and before the
Final Payment is made, the Contractor shall execute an Affidavit and Release of All Claims in favor of the Owner in
the manner and on the form as contained in the contract documents."
ARTICLE 9-11
Add the following article to Section 9.
"Before Final Payment will be approved, the Contractor shall furnish to the Owner a guarantee in the form as found
in the contract documents".
DIVISION II
CONSTRUCTION DETAILS
SECTION 100 - CONSTRUCTION EOUlPMENT - GENERAL REOUIREMENTS
ARTICLE 100-1
thereof
Delete the provisions of this article in their entirety and substitute the following in lieu
100-1 General Unless restricted to a specific type by the Contract Documents or the Engineer, the
Contractor may perform the work using equipment, tools, machinery, etc., of his own choosing. Note that
facilities to be constructed under the Contract are adequate to support only their design loads in their
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1687
completed construction stage. rfthe Contractor's equipment or procedures during construction damage any
part of the facility, the Contractor shall replace it as directed by the Engineer at no expense to the Owner.
Subarticle 100-2.1 This subarticle is expanded asfollows:
The Contractor is hereby responsible to provide, operate, and maintain all
equipment (motor vehicles, mechanized equipment, and marine operations) in strict conformance
with Part 1926: Safety and Health Regulations for Construction of the 29 Code of Federal Regulations
(29 CFR) as published by the U.S. Department of Labor, Occupational Safety and Health
Administration.
SECTION 105-CONTRACTOR QUALITY CONTROL GENERAL REQUIREMENTS
Subarticle 105-5.4
The text is deleted and the following substituted:
"The Contractor shall provide trained flaggers to direct traffic where one-way operation in a single
lane is in effect and in other situations as required. Training of the flaggers shall be provided by an
individual who is certified by the Florida Department of Transportation (FDOT) in an Advanced
Maintenance of Traffic Course. FDOT approved training materials shall be used for this training."
SECTION 110-CLEARING AND GRUBBING
Subarticle 110-2.4
thereof
Delete the provisions of this article and substitute the following in lieu
"The Contractor shall remove and dispose of all boulders encountered within the limits of
construction
and which shall not be incorporated into the embankment, as specified under Section 120.:
SECTION 120 - EXCAVATION AND EMBANKMENT.
Subarticle 120-2.2 Delete the provisions of these sub articles in their entirety and substitute
the following in lieu thereof
"120-2.2 Regular Excavation. Regular excavation shall consist of the excavation and the
satisfactory on-site utilization or satisfactory off-site disposal of all types of materials, including
loose rock and boulders, which are encountered within designated excavation areas shown in the
plans as necessary for the construction of the roadway embankment, roadway shoulders, roadway
ditches, and other roadway and drainage improvements. The work of regular excavation shall
include proper maintenance of excavated areas throughout the term of this Contract. If suitable
materials are encountered which are not deemed acceptable by the Engineer for incorporation into
the planned improvements, all quantities of such materials shall be disposed of by the Contractor at
off-site locations approved by the Engineer; the payment of such work shall be made under contract
pay item No. 120-1, Regular Excavation. If the actual quantity of suitable roadway excavation
materials is less than specified in the proposal and plans, appropriate upward adjustments shall be
authorized by the Engineer under the work of Embankment, Contract Item No. 120-6."
Subarticle 120-2.2.1
Borrow Excavation.
J-I-15
16Bi
"Embankment shall consist of the excavation and satisfactory utilization of suitable material from
off-site borrow pits provided by the Contractor as authorized by the Engineer It shall only include
quantities of material that are deemed suitable for construction of roadway embankments or of other
work constructing embankments specified by the Contract. Appropriate downward or upward
adjustments in the bid quantity of Embankment, contract pay item No. 120-6, shall be authorized by
the Engineer if deemed necessary because of changed conditions under the work classes of
excavation, subsoil excavation, or lateral ditch excavation."
Subarticle 120-4.2
Add thefollowing new paragraph to this subarticle:
"Existing suitable bituminous hot mix and surface treatment pavement materials which are not
suitable for Reclaimed Asphalt Pavement may be incorporated into the twelve (12) inch thick
subgrade as a stabilizing additive, subject to the provisions of Sections 160 and 914 of the Standard
Specifications and approval of the Engineer. Existing pavement materials may also be used in the
embankment subject to the provisions of Section 120 of the Standard Specifications."
Subarticle 120-6.2
Add the following new paragraph to this subarticle:
"Appropriate embankment materials shall be obtained from off-site areas furnished by the
Contractor. As such, it shall be the Contractor's responsibility to secure the necessary laboratory
test, rights, permits etc. to ensure compliance with these specifications and local (County) and State
laws, rules, ordinances, policies and the like pertaining to borrow pits."
Subarticle 120-8.2.5
Add the following new sub article.
"120-8.2.5. Placing Inside Standard Minimum Slope: All embankment material obtained from
off-site borrow areas to be used for normal embankment construction inside the standard minimum
slope (approximately 2 to 1) shall have a limerock bearing ration (LBR) strength of at least thirty-
five (35)."
Subarticle 120-14.3 Delete the provisions of this sub-article in its entirety and substitute the
following in lie u thereof
"Embankment shall be measured at fmal position and shall also include all costs of all suitable
materials for constructing the embankment."
SECTION 125 - EXCA V A TION FOR STRUCTURES
ARTICLE 125-1
Add the following after the second to last sentence:
"This section also includes the satisfactory removal of rock strata or rock boulders as may be encountered
within the necessary excavation limits for bridge foundations, box culverts, pipe culverts, storm sewers, side
drains, cross drains, and other similar structures indicated in the plans or listed in the fIrst sentence herein,
including the replacement of select fill (compacted) in areas of over-excavation."
Subarticle 125-4.1 This subarticle is expanded by the following:
"The Contractor(s) performing trench excavation shall adhere to OSHA trench excavation safety
standards and special shoring requirements for trench excavation, if any, ofthe State or other
political subdivisions. Inspections required by OSHA trench excavation safety standards shall be
provided by the Contractor."
ARTICLE 125-13
Add the following statement:
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1687
"The cost of excavating all types of materials (unclassified) including the blasting and removal of rock
shall be included in the Contract pay items for structures as contained in the proposal for this project.
Subarticle 125-14.4 Delete the provisions of this sub article in their entirety and substitute the
following in lieu thereof
"The work of strengthening foundations (as provided in 125-4.2) shall not be paid for separately, but
rather the costs of undertaking such work shall be included in the various Contract items requiring
excavation."
Subarticle 125-14.7 Delete this subarticle in its entirety and substitute the following in lieu
thereof
"When it cannot reasonably be anticipated from information contained in the plans, that material
excavated for the structure will be unsuitable for use as backfill, and such material proves to be
unsuitable for this use, the work of disposing of such material away from the site will be paid for by
the Contractor as incidental to the structure requiring excavation, and the work of bringing in
substitute material for the backfill will be paid for as specified for the particular case shown below:
a) No additional payment will be made for backfill material obtained from surplus material
available from the normal excavation or grading operations.
b) When the necessary material is not available from the normal excavation or grading
operations and no separate item for Borrow Excavation is included in the contract, any backfill
material obtained by increasing the volume of excavation within the roadway right-of-way will be
measured and paid for as regular excavation subject to the provisions of9-3.2.2.
c) When authorization is given for obtaining the material from outside the right-of-way and
from other than designated borrow areas, such excavation will be paid for as incidental to the
structure requiring excavation."
Subarticle 125-14.8
thereof
Delete this subarticle in its entirety and substitute the following in lieu
"125-14.8 Pay Items: No separate payment will be made for excavating and backfilling for
structures under this Section. All costs incidental thereto, including pipe bedding materials, shall be
included in the contract price bid for the structure or items requiring excavation.
SECTION 160 - STABILIZING
Subarticle 160-7.2.1.2 Delete all text and schedule immediately following the first schedule and
substitute the following in lieu thereof
"The following unsoaked bearing value requirement is based on test performed on sample obtained
after mixing operations have been completed.
Specified Bearing
Value
Unsoaked Bearing
Value Required
Undertolerance
LBR 40
LBR 43
5.0
SECTION 200 - LIMEROCK BASE
ARTICLE 200-2
Add the following to this Article.
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1687
"At the Engineer's request, the Contractor shall furnish sufficient evidence, in a format deemed necessary by
the Engineer, that the materials to be used in the construction of alllimerock base meets or exceeds the
requirements specified in Section 911. The Engineer may require, in addition to quality assurance reports
which may be submitted by the Contractor for limerock material derived from the Contractor's source of
supply, additional tests from time to time throughout the duration of the project. The Contractor shall
furnish all material for such tests."
Subarticle 200-6.3 Delete the provisions of this subarticle in their entirety and substitute the
following in lieu thereof
"200-6.3 Measurements. Thickness of the base shall be measured by the Engineer prior to
authorizing the Contractor to begin the prime coat application, and shall be measured at intervals not
exceeding 200 feet. Measurements shall be taken at any point on the cross section at each interval
through holes not less than three (3) inches in diameter. The Contractor shall provide the required
labor, materials and equipment necessary to undertake all core borings specified by this article. No
separate payment for core borings shall be authorized; rather, the costs for such work shall be
considered incidental to the contract pay items for limerock base."
SECTION 285 - OPTIONAL BASE COURSE
Subarticle 285-6.1 Delete the provisions of this sub article in their entirety and substitute the
following in lieu thereof
"285-6.1 Measurements: Thickness of the base shall be measured by the Engineer prior to
authorizing the Contractor to begin the primes coat application, and shall be measured at intervals not
exceeding 200 feet. Measurements shall be taken at any point on the cross section at each interval
through holes not less than two (2) inches in diameter. The Contractor shall provide the required
labor, material, and equipment necessary to undertake all core borings specified by this article. No
separate payment for core borings shall be authorized; rather, the costs for such work shall be
considered incidental to the contract pay items for optional base course."
ARTICLE 285-7 Delete the provisions of this article in their entirety and substitute the following in lieu
thereof
"285-7 Calculations for Average Thickness of Base. The average thickness of the base shall be
determined from borings taken by the Contractor, as specified in 285-6.1, and shall be calculated from
measurements taken by the Engineer as follows:
(a) When the measured thickness is greater than the design thickness as shown on the typical sections,
in the plans and proposal, it shall be considered as the design thickness.
(b) Any areas of base which are left in place (deficient in thickness of more than Y:z inch from the design
thickness) but for which no payment is to be made, as specified in 285-6.1, shall not be taken into account
in the calculations.
(c) Where the material underlying the base is of such character that it is not readily distinguishable from
the base material, thus making it impossible to establish the bottom of the base from core borings, the
thickness of the base used in the measurement at such locations shall not exceed the specified thickness.
(d) The Engineer may at his discretion, at the expense of the County, order additional core borings of
base material prior to fmal acceptance of the project."
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1687
SECTION 330: USE 2000 SPECIFICATIONS: - HOT BITUMINOUS MIXTURES
QUALITY ASSURANCE -GENERAL CONSTRUCTION REQUIREMENTS
AND ACCEPTANCE PROCEDURES
Subarticle 330-12.2
The text is deleted and the following substituted:
"330-12.2 Longitudinal Joints. Where only a portion of the width of pavement is to be laid and the
exposed edge opened to traffic, the edge shall not be vertical but sloped or rolled over and sealed.
When the adjacent strip is constructed, the Engineer may require the edge of the mixture in place to
be trimmed back where it was sloped or rolled over to expose an unsealed or granular vertical face in
constructing the longitudinal joint for the adjacent-strip. Where the edge of the strip fIrst laid is not
opened to traffic, the edge shall be left joint for the adjacent strip."
SECTION 331: USE 2000 SPECIFICATIONS: - TYPE S ASPHALT CONCRETE
SECTION 430 - PIPE CULVERTS AND STORM SEWERS
SubarticIe 430-4.4
Add the following:
"During the grading operations it may be necessary for heavy construction equipment to travel over
an installed pipe. Unless adequate protection is provided, the pipe may be subjected to load
concentrations in excess of the design loads. Before heavy construction equipment is permitted to
cross over a pipe, a temporary earth fill should be constructed to an elevation at least three feet over
the top of the pipe. The fill should be of sufficient width to prevent possible lateral displacement of
the pipe."
Subarticle 430-7.1.1 Applies for all pipes including side drains.
SubarticIe 430-7.1.2 Delete this sub article in its entirety.
SubarticIe 430-11.1 Delete the provisions of this subarticle in their entirety and substitute the
following in lieu thereof
"430-11.1. New Pipe. The quantities of storm sewer pipe, pipe culvert, cross drain pipe, side drain
pipe, under drain pipe, and all similar drainage pipe materials specified in the proposal for this project
shall be paid for on the basis of fmal measurements of accepted net lengths of the various types of
pipe materials. Moreover the quantities to be paid for under this section for the various pipe types
and sizes satisfactorily installed in under this section for the various pipe types and sizes satisfactorily
installed in accordance with the plans are subject to amendments authorized by the Engineer; hence,
the provisions of9-3.2 are applicable. In order that the Engineer may easily field measure the net
length of pipe installed by the Contractor, backfilling of pipe trenches shall be coordinated with the
Engineer. Where standard lengths of pipe must be field-cut to complete each particular run of a sewer
system, the cost of such work shall be considered incidental to the various Contract items for pipe
culverts and storm sewers."
SubarticIe 430-12.9
The first paragraph of the subarticle is expanded as follows:
"Upon completion of the work, and prior to full payment, all new pipe construction and existing pipes
and structures that are to remain in use will be inspected by the Engineer to ensure that they are free
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1687
of all debris and thoroughly cleaned. The cost of such cleaning shall be considered incidental to the
various contract items for storm sewer pipes and structures listed in the proposal"
SECTION 575 - SODDING
ARTICLE 575-1
thereof
Delete the definition of this Article in its entirety and substitute the following in lieu
"575-1 Description. The work specified in the contract calls for establishing a stand of grass, within the
areas specified, by the furnishing and placing of grass sod, and rolling, fertilizing, watering, and maintaining
the sodded area such as to assure a healthy stand of grass free of noxious plant material. Any plant officially
listed as being noxious or undesirable by any Federal Agency, any agency of the State of Florida or Collier
County Govemmentjurisdiction in which the project is being constructed shall not be used. The Contractor
shall furnish to the Engineer, prior to incorporation onto the project, a certification from the Florida
Department of Agriculture and Consumer Services, Division of Plant Industry, stating that the sodding
materials are free of noxious weeds. Any such noxious plant or plant part found to be delivered in the sod
will be removed by the Contractor at his or her expense.
ARTICLE 575-2
thereof
Delete the definition of this Article in its entirety and substitute the following in lieu
Article 575-2 Materials. All turf supplied shall be "Nursery Grown" or "Field Grown" for the purposes
of sodding and shall be a "Premium Grade Sod" as specified below. The sod shall be cut, delivered and/or
laid in accordance with the following specifications or the most current and accepted Horticultural
Industry's Standards and Practices whichever is more restrictive.
All sod shall be delivered to the site and be accompanied with a delivery ticket listing quantity, origin, date
and time the sod was cut and loaded. Sod shall be delivered at the specified site within a twenty-four (24)
hour period after field cutting and shall be laid within a forty-eight (48) hour period after field cutting. Sod
being transported for a time period greater than on (1) hour shall be covered during transport.
The Contractor acknowledges that acceptance of any sod at any time of a Grade other than the Premium
Grade specified in this Contract shall not establish a lessor standard or relieve the Contractor from providing
the Premium Grade sod as specified for the duration of the Contract period.
Premium Sod is defmed as meeting the following specifications:
Soil Suitability: The sod must be grown in soil compatible to that in which it will be installed. Sand
grown sod is turf grown on 90% natural sand. Muck grown sod is turf grown on soil containing 50% or
greater amounts of organic materials by volume.
Healthy and Weed Free: Each sod pad shall be insect and disease free, vigorous and have healthy
green color in appearance. The sod shall be freshly mowed prior to cutting, and shall be in a healthy
condition when laid. The top growth (grass blades or foliage), shall have no more than ten percent (10%)
chlorosis within the top growth and contain no thatch or dead vegetation layer within each pad. Sod
shall be 100% free of noxious weeds and 99% free of undesirable broad leaf weeds and grasses, but in no
case shall the weeds exceed two percent (2%) of the total sod pad.
Pad Size: The individual sod pads shall be cut to industry standard widths and lengths with a deviation
no greater than +/- five percent (5%). Broken or uneven ended pads will not be accepted.
Pad Thickness: The thickness of the cut sod shall be to the industry's standard, but in no case shall the
thickness of the soil be less than one inch (1") in depth for St. Augustine and Bahia grasses.
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1687
Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick enough to
provide a strength that will support the pad's weight and maintain it's size and shape when the pad is
suspended vertically by hand on the upper ten percent (10%) of the pad section without tearing apart.
Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively dry or
wet. In no case will the sod be accepted if the soil layer becomes hardened, loose so as not to hold it's
shape, and/or hydrophobic in nature.
The materials used in this work shall conform with the requirements of Division III.
Specific references are as follows:
(1) Sod.. . .. .. .. .. . .. . . .. .. . .. . . .. .. . .. . . .. .. . .. . . .. . .. .. . ... 981
(2) Fertilizer................................................ 982
(3) Water.................................................... 983
The use of dolomitic limestone will be required only when so shown in the plans or specifications. The
type offertilizer to be used and the rate of application shall be as shown in the plans or specifications.
When no specific type is called for, Type I Fertilizer shall be used.
SECTION 700 - HIGHWAY SIGNING
Subarticle 700-2.5 The text is deleted and the following substituted:
"700-2.5 Sign Background. Background sheeting and white legends, borders, and shields on all
signs shall be Type III-A, III-B, or III-C sheeting."
ARTICLE 700-12
The following new article is added.
"700-12 Existing Signs. The Contractor is advised that all existing ground mounted and overhead signs
within the project limits shall remain the ownership of the County. All such signs shall be utilized by the
Contractor for maintenance of traffic purposes throughout the period of the Contract, and shall be removed
and relocated to new locations within the project limits as deemed necessary and directed by the Engineer.
The cost of work specified in this article shall be included in the Contract.
At the completion of the contract or at such times as may be specified by the Engineer during execution of
the contract, when individual signs are determined by the Engineer as no longer serving a useful function,
the Contractor shall remove, clean, protect from damage, and stockpile such signs at selected locations
within the project limits. The Engineer will deduct sufficient monies from the partial monthly estimates to
cover the costs of signs which are indiscriminately damaged or destroyed by the Contractor's operations."
DIVISION DI
MATERIALS
SECTION 941: USE 2000 SPECIFICATIONS - CONCRETE PIPE (FOR CULVERT AND
UNDERDRAINS)
SUBARTICLE 941-1.1 (Page 876) is deleted and the following substituted:
941-1.1 General Specifications. Concrete pipe shall meet Class III design requirements as called
for in the plans and the specific requirements of this Section.
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The process of manufacture and the details of the pipe design, including strength of concrete,
will comply with the Standard Operating Procedure for the inspection of Precast Drainage Products.
SUBARTICLE 94l-1.2 (Page 876) is deleted and the following substituted.
941-1.2 Specific Requirements.
941-1.2.1 Steel Reinforced Concrete Pipe. Meet ASTM C 76[ASTM C 76M] and the
modifications to ASTM C 76 [ASTM C 76M] set forth in 94l-1.3. For Special Designs meet the
requirements of ASTM C 655 [ASTM C655]. Pipe designated Class S, will meet the requirements for
ASTM C655 [ASTM C655] and the 0.01 inch [0.03 mm] crack and ultimate D -loads given on the
Roadway and Traffic Design Standards, Index 205. Such pipe shall be properly marked.
941-1.2.2 Non-Reinforced Concrete Pipe: Meet ASTM C 985 [ASTM C 985M] and the
ultimate D - loads given on the Design Standards, Index 205 with the following exception: Modify material
requirements set forth in ASTM C 985 [ASTM C 985M] with the material requirements set forth in 941-
1.3 (a). Such pipe shall be properly marked.
941-1.2.3 Fiber Reinforced Concrete Pipe. Meet ASTM C 1450 and the modification to
ASTM l450 set forth in 941-1.7. Such pipe shall be properly marked.
SUB ARTICLE 941-1.5 (Page 877) is deleted and the following substituted:
941-1.5 Special Requirements for Pipe Joints when Rubber Gaskets are to be Used.
SUBARTICLE 941-1.5.1 (Page 877) is deleted and the following substituted:
941-1.5.1 General. When rubber gaskets are to be installed in the pipe joint, the gasket shall
be the sole element relied on to maintain a tight joint. Test pipe joints at the plant hydrostatically using test
methods in ASTM C-433. Soil tight joints must be watertight to 2 psi [13.8 kPa]. Watertight joints must be
watertight to 5 psi [34.5 kPa] unless a higher pressure rating is required in the plans.
ARTICLE 941-1 (pages 876-878) is expanded by the following new Subarticle:
941-1.7 Modifications to ASTM C 1450:
Modify the provisions of ASTM C 1450 with the following: Material requirements shall meet
requirements set forth in 941-1.3(a). In addition, fiber reinforced concrete pipe shall be designated Class S,
Class I, Class II, Class III and Class IV. The corresponding strength requirements are given in the
following table:
mImum ong- erm ervlce - oa :
Pipe Class D Load D Load
N/m/mm Lb/ft/ft
S 30 600
I 40 800
II 50 1000
III 65 1350
IV 100 2000
M'
L
T
S
D L d
The manufacturer shall provide the relationship between short-term crush loads required to
achieve lOO-year long-term design loads. In addition, the manufacturer shall provide the relationship
between the saturated and dry crush loads. The minimum dry crush load shall not be less than a factor of2
times the long-term service load. The short term crush load shall be determined as required in Section 10.2
of ASTMC 1450 except the specimen shall be tested by the appropriate section of ASTM C 497, External
Load Crushing Strength by the Three-Edge Bearing Test Method.
Expand Section 5.1 of ASTM C 1450 with the following: The manufacturer shall state the
type of fiber used in the pipe and provide the Department with documented evidence that the fibers
employed are compatible with other materials of manufacture. The pipe manufacturer will establish quality
control assurance procedures to ensure that the fibers used in the manufacture of the pipe are of consistent
composition and quality. The assurance procedures will be subject to the approval of the Department.
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Expand Section 6 of ASTM C 1450 with the following: The manufacturer shall state the
minimum wall dimensions of the pipe that complies with the minimum crush loads presented in the table
above.
In lieu of Section 6.2 of ASTM C l450 meet the following: The under run in length of a
section of pipe shall not be more than 1/8 in/ft [10 mm/m] with a maximum of 12 inch [l2.7mm] in any
single pipe.
In lieu of Section 6.3 of ASTM C 1450 meet the following: The average inside diameter shall
not be less than the nominal size by more that 0.25 inch [6 mm] or 1.5% of the nominal size, whichever is
the greater value.
In lieu of Section 7.l of ASTM C l450 meet the following: All material tested under this
Specification shall be tested in the saturated condition after immersion in water at an ambient temperature
above 418F [58e] for a period of21 to 28 days immediately prior to testing.
In lieu of Section 8 of ASTM C 1450 meet the following: Each length of pipe shall be
provided with ajoint for the purpose of maintaining alignment and to ensure a close joint. Joints shall be of
a design and the ends of the pipe sections are laid together they will make a continuous line of pipe with a
smooth interior free of appreciable irregularities and compatible with the tolerances in Section 6.
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EXHIBIT K
PERMITS
TR-CA-K-1
1687
EXHIBIT L
PLANS AND SPECIFICATIONS PREPARED BY TE&CM Department
AND IDENTIFIED AS FOLLOWS:
AS SHOWN ON SHEETS 1 THROUGH 14, AND
T1-T11 Signalization.
TR-CA-L-1