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Agenda 09/11/2012 Item #11C9/11/2012 Item 11.C. EXECUTIVE SUMMARY Recommendation to award Contract No. 12 -5940 — LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements to Quality Enterprises USA, Inc., in the amount of $2,385,787.65, plus a ten (10) percent contingency of $238,578.77, totaling $2,624,366.42, Project No. 51101. OBJECTIVE: To continue with the construction of the Lely Area Stormwater Improvement Project (LASIP). The entire LASIP regional project consists of 31 different project segments that have been ongoing (design and permitting for construction) since 2005. The US 41 Ditch and Naples Manor Ditch Stormwater Improvements are one of the final seven construction efforts planned. CONSIDERATIONS: The Lely Area Stormwater Improvement Project is sequentially progressing towards its completion. To date, 16 of the 31 total segments have been constructed. The remaining segments need to be designed and must commence construction before permits from The South Florida Water Management District ( SFWMD) and the US Army Corps of Engineers (USAGE) expire. The LASIP SFWMD Environmental Resource Perinit ( #11- 01140 -S) was issued on Oct 14, 2004, and is extended each time a new construction phase is approved. However, the USACE Environmental Resource Permit SAJ- 2002- 2436(IP -MJD) was issued on July 28, 2005, and will expire on July 25, 2015. This is a hard deadline that dictates that all work must be completed by that date; therefore, it is imperative that the LASIP work continues. Thus far, completing the construction tasks have been accomplished successfully (see attached "Construction Phasing" map). The bid for the US41 Ditch and Naples Manor Ditch was advertised on July 6, 2012, in the Naples Daily News, 1,687 notices were emailed to subscribers and 125 vendors downloaded the specifications. The county held a non - mandatory pre -bid meeting on July 24, 2012, to explain the contract specifications and answer any prospective bidders' questions. Seven (7) bids were received by the August 9, 2012, due date. The bids were reviewed by the Transportation Engineering staff and the Project's Design Professional in conjunction with the Purchasing Department. The following bids were received: Packet Page -1001- Contractor Bid 1 Quality Enterprises USA, Inc. $2,385,787.65 2 Southwest Utility Systems, Inc. $2,710,495.35 3 Haskins, Inc. $2,793,845.13 4 Bonness, Inc. $2,805,759.38 5 Mitchell Stark Company, Inc. $2,945,281.53 6 ZEP Construction, Inc. $3,331,601.31 7 Dou las N. Higgins, Inc. $3,764,953.50 Packet Page -1001- 9/11/2012 Item 11.C. The bids have been recalculated for verification and tabulated by the Purchasing Department and Quality Enterprises USA, Inc., was shown to be the lowest, responsive and qualified bidder. The Design Engineer's opinion of probable cost for the project was $3,138,548.38. Quality Enterprises USA's bid is 24% under the Engineer's estimate. FISCAL IMPACT: Funds in the amount of $2,624,366.42 are available within the Stormwater Management CIP Fund (325). The source of funding is Ad Valorem. GROWTH MANAGEMENT IMPACT: The project is in accordance with the goals and objectives of the Drainage Sub - element of the Growth Management Plan for Collier County Stormwater Management. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMENDATION: Staff recommends awarding Bid No. 12 -5940 to Quality Enterprises USA, Inc,. in the amount of $2,385,787.65 for the construction of the improvements to the segment of the Lely Area Stormwater Improvement Project known as the LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements, authorize the Purchase Order with the bid amount plus an additional 10% for contingency, and authorize the Chairman to sign the attached Agreement after final review by the Office of the County Attorney. Prepared By: Margaret A. Bishop, P.E., Sr. Project Manager, Transportation Engineering Department Attachments: (1) Bid Tabulation Sheet (2) LASIP Map (3) Agreement Packet Page -1002- 9/11/2012 Item 11.C. COLLIER COUNTY Board of County Commissioners Item Number: 11.C. Item Summary: Recommendation to award Contract No. 12 -5940 — LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements to Quality Enterprises USA, Inc. in the amount of $2,385,787.65 plus a ten (10) percent contingency of $238,578.77 totaling $2,624,366.42, Project No. 51101. (Margaret Bishop, Project Manager, Senior, Growth Management, Transportation Engineering) Meeting Date: 9/11/2012 Prepared By Name: BishopMargaret Title: Project Manager, Senior,Transportation Engineering & Construction Management 8/7/2012 2:57:29 PM Submitted by Title: Project Manager, Senior,Transportation Engineering & Construction Management Name: BishopMargaret 8/7/2012 2:57:31 PM Approved By Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineer Date: 8/13/2012 11:02:34 AM Name: TaylorLisa Title: Management /Budget Analyst,Transportation Administr Date: 8/14/2012 3:18:42 PM Name: LynchDiane Title: Administrative Assistant Date: 8/15/2012 1:39:18 PM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Packet Page -1003- Date: 8/17/2012 9:41:53 AM Name: ShueGene Date: 8/17/2012 3:40:38 PM Name: BrilhartBrenda Title: Purchasing Agent,Purchasing & General Services Date: 8/20/2012 11:32:51 AM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 8/23/2012 2:24:20 PM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 8/23/2012 3:19:53 PM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 8/23/2012 4:57:29 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/27/2012 4:20:54 PM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 8/28/2012 2:52:31 PM Name: KlatzkowJeff Title: County Attorney Date: 8/29/2012 4:03:03 PM Name: UsherSusan Title: Management /Budget Analyst, Senior,Office of Manage Date: 8/31/2012 4:35:14 PM Name: OchsLeo Title: County Manager Date: 9/1/2012 3:10:09 PM Packet Page -1004- 9/11/2012 Item 11.C. pE O aY 9/11/2012 Item 11.C. 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J � a O a W N N U _ N V < � Q Q O F N � N N C Cy > O U >_ w Z _ o y y � � ^ F A z 2 O Q x � V V Z _ w N Y V Cey Q N N � N � J J W F S tO- y O U �L > Z _ w O^ y fq U O x y N U O w o� U - m tll Q f W � z 2 m m O U f Z _ w N � V - N a � J a O y 'n n F 7 3 m N O V f 2 _ w g 8 s > > Y Y Y » > > > > Y Y ) ) > ) > > z ) > > > > > > > > > 5 m n u_ E e Tai n4 ; 5A a3 $�cE >�y �U - Packet Page -1006- 9/11/2012 Item 11.C. 9/11/2012 Item 11.C. LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements COLLIER COUNTY BID N0: 12 -5940 COLLIER COUNTY, FLORIDA ITB 12 -5940 LASIP Brenda Brilhart, Procurement Strategist Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 - 8446 FAX: (239) 252 — 6697 Design Professional: Atkins Pudmirg Depatrat- 3327 Tarrrarni Trail East - Naples, Florida 341124907 - www.colb gov.nWpwdmshrp Packet Page -1007- 9/11/2012 Item 11.C. TABLE OF CONTENTS PUBLICNOTICE .......................................................................................... ..............................3 PART B - INSTRUCTIONS TO BIDDERS .................................................... ..............................5 CONSTRUCTIONBID ................................................................................. .............................13 BIDSCHEDULE .................................................... ............................... ... .............................14 MATERIAL MANUFACTURERS ................................................................. .............................15 LIST OF MAJOR SUBCONTRACTORS ..................................................... .............................16 STATEMENT OF EXPERIENCE OF BIDDER ............................................. .............................18 TRENCH SAFETY ACT .............................................................................. .............................19 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS .............. .............................20 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................21 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9............•• .......... ...........................•.22 BIDBOND ................................................................................................... .............................26 BIDDERSCHECK LIST .............................................................................. .............................27 CONSTRUCTIONAGREEMENT ................................................................ .............................28 EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................... .............................35 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................... .............................38 EXHIBIT B: INSURANCE REQUIREMENTS .............................................. .............................41 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................45 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................46 EXHIBITE: CHANGE ORDER .................................................................... .............................49 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................51 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................... .............................53 EXHIBIT H: GENERAL TERMS AND CONDITIONS .................................. .............................54 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ........................ .............................84 EXHIBIT J: TECHNICAL SPECIFICATIONS .............. ............................... ............................115 EXHIBITK: PERMITS ................................................. ............................... ............................123 EXHIBIT L: STANDARD DETAILS ............................. ............................... ............................124 EXHIBIT M: PLANS AND SPECIFICATIONS ............. ............................... ............................125 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT .............126 ITB 12 -5940 LASIP Packet Page -1008- 2 INa Memorandum Date: August 3, 2012 9/11/2012 Item 11.C. Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM #2 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 — ITB 12 -5940 - LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ADD: Revised Bid Schedule — Addendum 2 schedule must be submitted to be considered for award. QUESTIONS & ANSWERS: Q: Per Addendum #1, on US 41 the property owners through the county will provide a "determination" of the existing business signs and landscape within the ROW. The contractor is use this "determination" to dictate the protection / removal / relocation of existing signs and landscape. Is the cost for this covered in the owners contingency? If not what costs should the contractor be expected to cover for their proposal? A: In anticipation of these costs, a new pay item no. 101-4 has been added with a $50,000 allowance to cover the costs of these items, upon determination, and direction from Collier County. Q: Per Addendum #1, the contractor is responsible to coordinate with FPL the light pole holding. Is the contractor responsible for the cost of the pole hold? A: No the contractor is not responsible for cost of pole hold. Q: Is the contractor allowed to close the existing sidewalk? If so will the county require a temporary sidewalk? Is there an alternate that the county is requiring the contractor to use for pedestrian detour? A: The contractor will be allowed to close the sidewalk as needed, but will be required to provide appropriate MOT and signage to direct pedestrian to an alternate route utilizing existing sidewalk within the project limits along US41 or within Naples manor. The contractor will need to provide temporary sidewalk if needed to provide safe pedestrian access if no option is available using existing sidewalk. Q: Addendum # 1 Changed the RCP to Class IL Are you sure this is what you want after all the failure's on Rattlesnake Road A: Collier County is still wanting to utilize Class 11 pipe. Packet Page -1009- 9/11/2012 Item 11.C. Q: Is Laser Profile & Video required for the RCP & Box Culverts. A: Contractor is responsible for all final inspections per FDOT specifications. Question was posted on the on line bidding system on July le and responded to on July 31: Please note change: Q: Can sizes of the existing water and force mains shown on the Utility Adjustment sheets be provided? Are there any as -bulk elevations available of these mains? A: Plans will be updated to provide available information, will be posted by the week of August 6th. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Margaret Bishop, Project Manager Enc: Bid Schedule Packet Page -1010- K, Memorandum Date: August 1, 2012 9/11/2012 Item 11.C. Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM #1 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 — ITB 12 -5940 - LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ADD: Revised Bid Schedule — Addendum 1 schedule must be submitted to be considered for award. QUESTIONS & ANSWERS: Q: Is the excavation quantity on the bid sheet representative of the ditch excavation only? Or does it include excavation for the pipe? A: Excavation and Embankment quantities includes work on US 41 as well as Naples Manor. Per FDOT Standard Specifications utilized on this project, necessary excavation for pipe work is paid for under the pay item number for the pipe. Q: Is the contractor responsible for the cost to have the light poles held by FPL during installation of piping? A: Contractor will need to coordinate with FPBL during construction to coordinate that effort Collier Countv will schedule a utility coordination meeting with all known utilities prior to construction, to confirm construction coordination. Q: Are borings available? A: Final Report is being completed at this time report will be provided as soon as completed. Soil encountered rock at approximately the elevation of the existing ground level of the ditches and it can even be seen exposed at the ditch bottom Bid price should based on anticipated rock at that elevation. Q: Can sizes of the existing water and force mains shown on the Utility Adjustment sheets be provided? Are there any as -built elevations available of these mains? A: Plans will be updated to provide available information will be posted by August 2nd. Packet Page -1011- 9/11/2012 Item 11.C. Q: There is approximately 1000' of guard rail to install per the plans, but no bid item. Is this to be incidental, or can there be a bid item for this work? A: Pay Item Numbers 536 -X -X have been added for new guardrail on the project Q: Page 29 of the bid documents states 210 days to substantial completion, but page 92 states 240 days. Can you please clarify? A: Substantial completion shall be 240 days with 30 days to complete punch list items, total contract time 270 days. Q: Has a dewatering permit been obtained? If so, can you please provide? If not, will that be the responsibility of the Contractor? A: County is in process in obtaining the dewatering permit (Application #120730 -7). The application that was initially submitted has been provided in this addendum. Once Approved the Dewatering permit will be provided. Q: Who notifies property owners of upcoming construction? A: Collier County Staff will notify Property Owners Q: How is the contractor to deal with existing business signs/landscaping within easement on US 41? A: Collier County will provide notification to property owner of pending construction as well as provided contractor final determination per property owner from easement/row acquisition from the project. This determination provided to the contractor will dictate the protection of what signs and protection/removal/replacement of existing landscaping. Q: There is de- silting shown on the plans, how far should the de- silting be completed. A: Added Pay Item Number 430 -4 -4 has been added for the de- silting of the 54" pipe. Q: Does the contractor need to provide new guardrail per FDOT standard index or utilize the original material return to the original condition. A: Per discussions with FDOT. the contractor can remove and reset guardrail that is removed as part of construction access. Pay Item No 538-1 has been added. It has been done under assumption of removal of 50' of guardrail at each ditch location that has guardrail and may need to removed for construction access at the contractor's option. Q: Are there plans for payment of potholing and/or SUE location on the project? And how will payment for unforeseen utility relocation be paid for? A: Pay Item Number 101 -3 had been added to the bid schedule with an allowance for possible unknown utility relocations during the construction. Also. Pay Item Number CC -9950 has been added for utility potholing as need on the project. Q: Are there separate Pay Item Numbers for the incident items and fence removal/relocation of items within the 30' easement through Naples Manor? A: Collier County will be contacting the property owners prior to construction notifying them that they need to relocate items within the easement prior to construction. Anything left within the easement that has not been relocated by the property owner will be removed under and paid under clearing and .grubbing. Q: What class RCP is approved for this job? Bid form says CL -IV and optional sheet says CL -II. A: RCP for the Protect shall be Class 11. Bid Form has been updated. Q: Is ADS N -12 pipe an approved altemate to RCP on this job? A: No. Collier County has determined that RCP is the only option for the proiect. 2 Packet Page -1012- 9/11/2012 Item 11.C. Q: Regarding the line item "Tumout Construction, Asphalt ". The bid tab sheet has a quantity of 2,777 CY. The plan quantities (provided on Sheet 2 & Sheet 11) show 2,777 SY. Is this line Rem SY or CY? n.- A• The correct ouantity unit is SY The Pay Item Number has been updated to 286-1 — Tumout Construction and Pay Item Number 334 -1 -12 Supemave Asphaltic Concrete (Traffic Level B) has also been added There has also been pay item notes added to plan sheets that will be provided on August 2. 2012. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Margaret Bishop, Project Manager Enc: Bid Schedule Updated Plan sheets Permits 2 Packet Page -1013- 9/11/2012 Item 11.C. s - - - �M PUBLIC NOTICE INVITATION TO.BID LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements COUNTY BID NO. 12 -5940 Separate sealed bids for the construction. of LASIP US 41 Ditch and. Naples Manor Ditch Stormwater Improvements, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 9th day of August 2012, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, at 2:00 p.m. LOCAL TIME on the 24th day of July 2012, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed 'Bid for Collier County Government, Collier County, LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements Bid No. 12 -5940 and Bid Date of August 9, 2012. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the -Contract ITB 12 -5940 LASIP Packet Page -1014- 9/11/2012 Item 11.C. Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by -a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specked in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within two hundred and seventy (270) calendar days from and after the Commencement Date specked in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 6th day of July 2012. ITB 12 -5940 LASIP BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director Packet Page -1015- 9/11/2012 Item 11.C. PART B - INSTRUCTIONS TO BDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 13 - 27 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiarni Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing . the Bid must be enclosed in another sealed envelope addressed as above. Bids received . at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. rrB 12 -5940 LASIP Packet Page -1016- 9/11/2012 Item 11.C. 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 cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid ,Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 12 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. ITB 12 -5940 LASIP Packet Page -1017- 9/11/2012 Item 11.C. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section S. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and 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 via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. ITB 12 -5940 LASIP Packet Page -1018- 9/11/2012 Item 11.C. 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 the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular.if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than twenty -five percent (25 %) from the estimate at the time of bid. ITB 12 -5940 LASIP Packet Page -1019- 9/11/2012 Item 11.C. 11.2 Alternate Bid Pricing: In the event that aitemate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing professional of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http: / /www.colliergov.netlindex.aspx ?pane =762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (FI Stat 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orQ /search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. ITB 12 -5940 LASIP Packet Page -1020- 9/11/2012 Item 11.C. 12.7 Local Vendor Preference: The Collier County Board of County. Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business.. Post Office Boxes are not verifliable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing' their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non -local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non -local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non -local bidder . does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. ITB 12 -5940 LASIP 10 Packet Page -1021- 9/11/2012 Item 11.C. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been. disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth nB 12 -5940 LASIP 11 Packet Page -1022- 9/11/2012 Item 11.C. in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specked period of time, including, but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may, serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to- a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." ITB 12 -5940 LASIP 12 Packet Page -1023- 9/11/2012 Item 11.C. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements BID NO. 12 -5940 Full Name of Bidder Quality Enterprises USA, Inc. Main Business Address 3894 Mannix Drive, Suite 216, Naples, Florida 34114 -5406 Place of Business same Telephone No. 239-435-7200 Fax No. 239 -435 -7202 State Contractor's License # CBCA57231, CUC057398 State of Florida Certificate of Authority Document Number F95000002550 Federal Tax Identification Number 54- 0947002 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided In no more than two decimal points, and In the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL'and ONE COPY of your bid pages. ITB 12 -5940 LASIP Packet Page -1024- 13 Q A M pH F+ GI JJ Q d C Op Q A a 0 mc' W F �1 9/11/2012 Item 11.C. Packet Page -1025- N 8as8 8 g 4 1� agggs asp s8gg8$$gs S o s S? Q f0 O Vf O O O 00 Nj r �+ r $ a A iV CV A p tV � � fV �`I r r �f! OD � W i- H s N N N N N N N N N N M N N N N N N N N N N N N N N N N N M M N C < r r O JE N O R m N CM CM O tt� N N aD m g d m N � Z � � I W C � po m w j wO -5I pN p 2 $ z 5 z M LL z o�C a u� c a F 0. W ~ ~ V m j W WWU a W W I� u+ Z V 09 r Z 3 2 w Q U LL o a T p O OO Oo F- 3 fn W V 0i z < v Lu o o a W W J rg qW a< tu-, (xJ a i? 0 z? 3? a a a ul Packet Page -1025- N ■ $ § / k p � % . E 3 w � \ % 2 �2 � �2 i B § k f2 � �■ 9/11/2012 I m 1l.C. Packet Page -1 26 3 � $ K $ § �.. $ § § ■ « . § § § 8 I m § � § � # $ 8 $ � ■ � E ■ § 9'0 � � � \ \ d � § § 5 § ■ >. 5 5 & § ( § § §� CL o Ul � $ § w « B B § ° § E ui !.E K ! Cr « # LL. _ I $ Packet Page -1 26 3 9/11/2012 Item 11.C. MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON - RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and Is not approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as speciftcaliy outlined in the Bid specifications. Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. �Corripany: � •:; . r- I - - - S 9 ria fiare� - 78 12-5940 LASIP 78 Packet Page - 1027 Or 9 9/11/2012 Item 11.C. Packet Page -1028- Q., If ul a�a 9/11/2012 Item 11.C. Packet Page -1028- Q., If c 9/11/2012 Item 11.C. Packet Page -1029- d N O O N N U = 4 o ' .. C c U A 0 $ ¢ C CN a 3 V� Q tq O _' 2n N 5►' m Co N ~ ~ ~ vyi w E CO a rn �j ti EA > vs 061 im A v M N y Gi L> N r .. E AW a 0 0 mmU.0 I lz .=uCi wwwww m m zM M U- O M L go M C N Q O C P h7 p C F- U. Q � C 7 ' N � 1� � S. N � N m . O 'N O N o p p h N tri CD Co r U. 0 0 O Z c4 m 0 LLI �aZ 0 a o a t 0 a � d gz o Packet Page -1029- 9/11/2012 Item 11.C. LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges Its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined In Ordinance 87 -25 and Section 15 of Instructions to Bidden,) and meet all legal requirements applicable to and necessitated by the Contract Documents, Including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who Includes non- compilant or non - qualified Subcontractors In its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the Issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. None m3 12.5940 I.ASIP 16 Packet Page -1030- 'r .......... M' or =.CaY a' VUo' rk �� F � Su6co tr'actor'arid'-A��ress '; 7t.:: .:rte,' <•, {_ 1. Electrical 2. Mechanical N/A 3. Plumbing N/A 4. Site Work None 5. Identify other subcontractors that represent more than None 10% of price or that affect the critical path of the schedule 6. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 7. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 6-- Ider;tW- "then- subsontrasta that rep resent more than m3 12.5940 I.ASIP 16 Packet Page -1030- 9/11/2012 Item 11.C. 10% of price or that affect the critical path of the schedule . 9. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 10. Identify other subcontractors . that represent more than 10% of price or that affect the critical path of the schedule ITB 12 -6940 LASIP Packet Page -1031- 17 9/11/2012 Item 11.C. STATEMENT OF EXPERIENCE OF BIDDER The Bidder Is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. Gordon River Extension Restoration Naples, Florida 2. Upper Long Beach Canal Long Beach, Mississippi 3. Long Beach Canal Lower Reach Long Beach, Mississippi 4. Basin TTT Drairnge TMnroyementa Naples, Florida 5. Jerry Kurtz, Collier County Stormwater Management 239 - 252 -5860 Nathan Lovelace, Project Manager U.S. Army Corps of Engineers 251- 802 -2010 Nathan Lovelace. Project Manager U.S. Army Corps..of Engineers 251- 802 -2010 Grrg�Strakaluse, P.19. Engineering Manager, City of Naples 239 - 2135003 rM 12 -5940 LASIP Packet Page -1032- 18 9/11/2012 Item 11.C. TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying -with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cos (Description) L( F,SY) 1. Slope LF 6,484 $3,00 119,452.00 2. 3. 4 5. TOTAL $ 19,452.00 Failure to complete the above may result in the Bid being declared non - responsive. . i�. 7 - - Sighaturer:: �.:. ITB 12 -5940 LASIP Packet Page -1033- 19 9/11/2012 Item 11.C. AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BusiNEss SOLICITATION # 12 -5940 LASIP US 41 OrrcH Awo NAPLHB MANOR DTTcH STORmwATER SMPROVEMENrs (CHECK APPROPRIATE BOXES BELOW)- State of Florida (Select County if Vendor is described as a Local Business ® Collier County C3 Lee County Vendor affirms that it Is a local business as defined by the Purchasing Policy of the Coiner County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy, A'local business" Is defined as a business that has a valid occupational license Issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposaf submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of. Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shail'not be considered a 'local business" unless it contributes to the economic development and well -being of either Collier or Lee County In a verifiable and measurable way. This may Include, but not be limited to, the retention and expansion of employment opportunities, the.support and Increase to either Collier or Lee Counts tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm In writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a'local business' under this section. Vendor must complete the following Information- Year Business Established in ®Collier County or ❑ Lee County. 1994 Number of Employees (including Owners) or Corporate Officers): R 5 Number of Employees Living In ® CoWer County. or ❑ Lee (including Owner(s) or Corporate Officers): 21 If requested by the County, vendor will be required to provide documentation substantiating the information given In this affidavit. Failure to do so will result'In vendor's submission being deemed not applicable. Vendor Name: Quality Enterprises USA, Inc. Date: 8/9,1•12 Collier or Lee County Address: 3894 Mannix Drive, Suite 216, Naples, FL 34114 -5406 Signature: Itf � Title: Vice President Lou-1—s J. Gaudio STATE OF FLORIDA: ® COLLIER COUNTY ❑ LEE COUNTY Sworn toAand_Subscribed Before Me, a Notary Public, for the above State and County, on this 9th Day of Aji q 20 12 Notary Public My Commisslon Expires: 2/11/14 (AFFI)X OFFICIAL SEAL) ITB 12 -5840 LASiP WINCE L C0118d W COIAIIS91oN t w t40!!BI Packet Page -1034- PE 9/11/2012 Item 11.C. 10d, r AdmW*911vesW M* ft Immigration Law Affidavit Certification Solicitation: 12.5940 LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal invitations to Bid (iTB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll In the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained In 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA "), Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the iNA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable Immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security In partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Quality Enterprises USA, Inc. Print Name Louis J. Gaudio Title Vice President Signature Date 819/12 State of Florida County of Collier The foregoing instrument was signed and acknowledged before me this 9th _day of AuQnst 20 12, by Louis J. Gaudio (print or type name) who has produced N/A �— �R�nown (type of identification and number) as identification. Notary Public Signature MIAR NEL OOM Marcie L. Cohen f' MYCOMMMONOD.94W EXPIRES: Febmiy 11, 2014 Printed Name of Notary Public aaa.enev�mrwtium..�a�, _DD940581 2/11/14 Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. ITB 12.6940 LASIP 21 Packet Page -1035- 9/11/2012 Item 11.C. EmployerWizard Page 1 of 1 M—ve Emp)ayment EligibilityVerltiCatiort LEe LITrLMN EUTMI a 33AM- 10/10120110 Logoul My y C eees Company Information .. New case I Yaw Cases # Company Name: QUALITY ENTERPRISES USA, INC ; ! my Profile Company ID Numben 234219 l Edit Proles Doing Businsas As (GSA) Change P=Word Name: Change Security Questions �i GUNS Number: { My Company I Physical Locadon: Eat Cw"ny Profe Ma ing Address:. ` { Address 1: 208 TINTERN CT Address 1: Add New User Address 2: Address 2: Vbw E:dallrl9 Users i City: CHESAPEAKE City: Close Company Accoaa ! State: VA stow. ! My Rep" � Zip Code: 23320 Zip Cods: vbwitepnrts County: CHESAPEAKE CITY ; { My Resaurtlas ? Additional information: View E3"gwal Re" i fidppioyar IdentUication Number: 540947002 1 Take Tutarinl Total Number of Employsas: 10010 499 I i View User Manual: Parent Qrgarrhatlon: f Contact Us ; AtNninlstrator QUALITY ENTERPRISES USA INC ! Orgsnization Designation: ! Empioysr Catopory: Federal Controdor m4ftut FAR E- Verify Clause . NAICS Cods: 239 -SPECIALTY TRADE CONTRACTORS +. ON WIN I W.S. t>apu+rrom 0/r llanNrtno SSwniy - whwaxn yev u.7 cisasMr snd lam prulon 6wu�oer - ww+v.ures yov A=w*ky 'Dosrdo*d Vbwars hails: / /e- verify .uscis.gov /cmp/EmploycrWiza .aspx Packet Page -1036- 10/19!2010 9/11/2012 Item 11.C. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395 1940 NORTH MONROE STREET .. TALLAHASSEE FL 32399 -0783 MURRELL, HOWARD J JR F 9UALITY ENTERPRISES USA, INC. 827 SILVERLS" LN NAPLES FL 34105 Congratulationsl With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to Improve the way we do business in order to serve you better For information about our services, please log onto www.myfforidalleense.com. . There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and Isafn more about the Department's initiatives. Our mission at the Department Is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new Ilcensel DETACH HERE SWRw . sva. •.aes.n�r- �: •. 284'038. 9 •O• Y ,nV•• _ �ctLY' S" T QFTL �...,; ;t�;a. � '_ ,; ;;D � It •.��• :��. • ±- ' .. ' AC ►.. iT� yj $�Q# L1207.0705�.1,61. '`:+° `� 'c:rt� cx .4r• ., r:..t e., aye . : s'.: ;. .j•. = IGB NB TRA iri'$ex:' t A 13 !.,OAIVisit�as o- hapt_. 8xpirati, ,d;!ite: AIIG 014 - F UAL, E. �` I - - .•.rl.._ . 3894' MANNI31``'3RIFVE #2"18.... • NAPLES Wk ZEN LAWSON •; F.+dtUOT t:.. r, �r:x_ �.: =2r {i� SECRETARY D13P1~AY AS REQUIRED: l3 LAW Packet Page -1037- 9/11/2012 Item 11.C. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL RBGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395 1940 NORTH MONROE STREET •+ TALLAHASSEE FL 32399 -0783 MURRELL, HOWARD .J JR ' 9UALITY ENTERPRISES USA, INC. 827 SILVERLEAF.LN NAPLES FL 34105 r Congratutationsl With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht broken,, from boxers to barbeque restaurants, and they keep Florida's economy strong. Everyday we worts to Improve the way we do business In order to serve you better For Information about our services, please log onto www,myfloridalicense.com. There you can find more Information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is. License EfBclently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Flodds, and congratulations on your new license! DETACH HERE UIJr -LIAT NJ Mr-UU1RLU 15T LAW "•" 1 Packet Page -1038- I 6r "YM4 NUN CLA., This d Packet Page -1039-' 9/11/2012 Item 11.C. cob- 44' le, 13US .. M;00. A STATE LIC... 7231 * 71 ... .. ...... I 6r "YM4 NUN CLA., This d Packet Page -1039-' 9/11/2012 Item 11.C. 9/11/2012 Item 11.C. State of Florida. Department of State I certify from the records ofthis office that QUALITY ENTERPRISES USA, INC. is a corporation organized under the laws of Virginia, authorized to transact business in the State of Florida, qualified on May 25, 1995. The document number of this corporation is F95000002550. I further certify that said corporation has paid all fees. due this office through December 31, 2012,. that its most recent annual report was filed on January b, 2012, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Tenth day of January, 2012 Qab" Secretary of State Authentication ID: 000216846910 -011012- F95000002550 ID, and then follow the infractions displayed hops:// efde .sunbiz.org/certauthver.html Packet Page -1040- 9/11/2012 Item 11.C. ..--- C AdT" dWSer 0*0M9iM ftrch"no AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS SOLICITATION # 12 -5940 LASIP US 41 DrrcH ANo NAPLES IMNOR DITCH STORmATER IMPRovEMENTs (CHECK APPROPRIATE BOXES BELOW) State of Florida (Select County if Vendor is described as a Local Business ® Collier County ❑ Lee County Vendor affirms that it Is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A °local business" Is defined as a business that has a valid occupational license Issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall' not be considered a "local business" unless ft contributes to the economic development and well -being of either Collier or Lee County in a verifisble and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm In writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a'local business" under this section, Vendor must complete the following Information: Year Business Established in ®Collier County or ❑ Lee County: 1994 Number of Employees (Including Owner(s) or Corporate Officers): AS Number of Employees Living In ® Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): 21 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Quality Enterprises USA, Inc. bate: 8/9/12 Collier or Lee County Address: 3894 Mannix Drive, Suite 216, Naples, FL 34114 -5406 Signature: Title: Vice President Lou s J. Gaudio STATE OF FLORIDA: ® COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 9th Day of Notary Public My Commission Expires: 2/11/14 lz(AFFIX OFFICIAL SEAL) . fLl ttlr C =ltduNdryPubpi;c,,Ullliile.rlwlllgae ITS 12 -5940 LASIP 20 Packet Page -1041- 9/11/2012 Item 11.C. Co� Caw�rsiy Adm�tra%senloea oi�Ision a COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County Is required to collect the following Information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers N used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) (as shown on Income tax return) Business Name (if different from taxpayer name) Address _3894 Max ix Drive, Suite 216 City_ Naples State Florida ZIP 34114 -5406 Telephone 239-435-7200 FAX 239 - 435 -7202 Email Tr_AUDTQ@QE— i19A -rQM _ Order Information Remit I Payment Information Address Same Address Same City State ZIP City State Zip FAX FAX Email Email 2. Company Status (check only one) Individual f Sole Proprietor I _Corporation Partnership _Tax Exempt (Federal income tax- exempt entity ! Limited Liability Company .under Internal Revenue Service guidelines IRG 501 (c) 3) Enter the tax classification D = plaregarded Ent! , C = oration, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 54- 0947002 (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification. Under penalttes of perjury, I certify that the information shown on this form is correct to my knowledge.. Slgnatur ouis J. Gaudio Date 8/9/12 Title Vice President Phone Number 939 - 445 -79np ITB 12 -5940 LASIP Packet Page -1042- 19 0 9/11/2012 Item 11.C. Upon notification that Its Bid has been awarded, the. Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event*the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss If the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. it is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder falls to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within two hundred and ton (210) 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 sixty (60) consecutive calendar days after Substantial Completion, computed by excluding commencement date and Including the last day of such period, Respectfully Submitted: State of Florida County Of Collier Louis J. Gaudio being first duly swom on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. T.nn.i a .T_ ranch n also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 178 12.5940 LASIP 23 Packet Page -1043- 9/11/2012 Item 11.C. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Virginia I which operates under r the legal name of Quality Enterprises USA, Inc. , and the full names of its officers are as follows: President_ Howard J. Murrell Secretary Stacey L. Murrell Treasurer Manager 9 awthei d not applicable), (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name Is nB 12 -5940 LASIP 24 Packet Page -1044- 9/11/2012 Item 11.C. Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from previous page. DATED 8/9/12 Quality Enterprises USA, Inc. legal entity BY: -Louis J. Gaudio Name of Bidder (Typed) gSgnnature Vice President Title 3894 Mannix Drive, Suite 216 Naples, Florida 34114 -5406 Incorporated in the State of Virginia STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this ath day of August , 20 12 by Louis J. Gaudio as Vice President Of Quality Enterprises USA, Inc. , a Virginia corporation, on behalf of the corporation. He /she is personally known to me or has produced N/A as identification and did (did not) take an oath. My Commission Expires: 2/11/14 `CGti- (Signature of Notary) W=L COMM MY GOWSSM I DD M81 NAME: Marcie I- Cohen Ewm„M,wF,,,, w, u„„ (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public,. State of Florida Commission No.: DD 940581 IT8 12 -5940 LASIP 25 Packet Page -1045- 9/11/2012 Item 11.C. BiD BOND KNOW ALL MEN BY THESE PRESENTS, that we Quality Bnbr do" USA, Ina (herein after called the Principal) .and rav rs CasG* MW ii ty Company R America (herein called the Surety), k corporation chartered and existing under the laws of the State of Connecticut with Its principal offices In the city of aa!j" ar and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commisabeers, Codler County, Fkwift (hereinafter called the Owner), In the full . and Just sum of FIv«yw -- e *nt.of-Amoant4 dollars ($ 5%- ot:wd -- 1 good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves; their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents, Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements Bid No. 12 -5940. NOW; THEREFORE; If the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter Into the required Agreement with the Owner and within ten days after the date of a written Notice of Award In accordance with the terms of such Bid, and give such bond or bonds In an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the. prompt payment of labor, materials and suppries furnished in the prosecution thereof or, In the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of Insurance, If the PRINCIPAL shall pay to the OBLIGEE the faced sum of $ s0�-oi<ew— noted above as liquidated damages,. and not as a penalty, as provided In the Bidding Documents, then this obligation shall be null and void, otherwise to remain In full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this eth day of August .2012. On sw, Inc. Principal BY (Seal) Mutrell, Fresideut T siers Casualty and Surety Company of America Surety (Seal) Tammy A. Word, Aft "yon -F Countersigned Vv uougla , Jez---:� 86�7a Local Resident Producl A t for Trawlers Casualty and Surety Company of America )TB '12-WO LASIP 28 Packet Page -1046- 9/11/2012 Item 11.C. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT; Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following Items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery Information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed and the company's E- Verify profile page or memorandum of understanding 8. Certificate of Authority. to Conduct Business in State of Florida and the County's Substitute W9 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trall E Naples 1=L 34112 12. The mailing envelope must be sealed and marked with: raBid Number; <*Project Name; *Opening Date. 13. 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. ALL COURIER- DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Quality Enterprises USA, Inc. Bidder Name Signature & Title Louis J. Gaudio, Vice President ITH 12 -5940 LASIP 27 Packet Page -1047- 9/11/2012 Item 11.C. OF TRAVELERS POD OFATTORNEY Far,w zu, Casualty Company St. Pad Mercury Insurance Cwupauy Fidelity and Guaranty Insurance Company 11'avelera Casualty and Surety Company Fidelity and Guaranty Insuranm Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insrrance Company United States Fidelity and Gam=ty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220S71 Certificate No. 004905849 SNOW ALLMEN BY THESE PRESENTS: 7bat St- Paul Fite and Marine Insureoca Company, St Paul Guardian Iranians Company and St; Paul Mercury Insurance Company are corporations duly mgamud under the laws of the State of Minnesota, that Farmington Casualty Company, 7avelera Casualty and Surety Company, and Travelers Casualty and Surety Company ofAmerice am corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guuamy Company is a cogmWon duly organized under the laws of the Su to of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Unde writm, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies '}, and that the Companies do hereby malts, constitute and appoint Mark C. Bundy, William E. Crawley, Tammy A. Ward, and Terri Strawhand of the City oi-17—Si :in Reach State of Virgjnin , their tore and lawful Attorney(s )-io -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, tncognizeaxs, conditional undertakings and other writings obligatory im the native thereof on behalf of the Companies in their business of.guarenteeiug the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pmxlk td' in any senora or proceedings allowed by law. IN WrrNESS WHEREOF, the Companies have caused this instrument to be signed sad d&i corporate scale to be hereto affixed, this day of June 2012 7th Farmington Casualty Cry St. Paul Mercury Immraax Company Fidelity and Goaranty`bo it im" Compare Travelers Casualty and Surety Company Fidelity and Guaranty Insaftace Underwriters; Inc. lraveiers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company 0() .00080 gala �� 1>�i State of Connecticut City of Hartford as. Ted On this the 7th day of June 2012 , before me Penooslly appoamd George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty lomance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, 71ravekrs Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and tbst be, as such, being authorised so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized of ow, In Witness Whereof, 1 bereunto act my hand and official scat 055%.. My (�mm�,i" :inn �.riag 3thh day of San - 016 58440 -6-11 Printed in U.&A. Packet Page -1048- 9/11/2012 Item 11.C. WARNINQ:THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Irm=nce Company, Fidelity and Guaranty Insurance Underwriters, Inc„ St. Paul Fire and Marine Insurance Company, St. Paul (Mardian Itvumace Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolution$ are now in hill fosse and effect. reading as follows: RESOLVED, that the Chaimvwo the President, any Vice Chairman. any Executive Vice President, any Senior Vice President, any Vice President, any Second Via President, the Treasurer. any Assistant Trtasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Compaty's tarns and seal with the Company's seal bonds, recognizatrcea, contracts of indemnity, and other writings obligatory in the nature of a bond recognizance, or conditional -dertakieg, and any of said officers or the Board of Directors at any time may remove any such appointm and revoke the power given him at hag, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more offices or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indcmnity, or writing obligatory in the nature of a bond, ieeogniznnce, or conditional undertaking shell be valid and binding upon the Company when (a) signed by the Presided. any Vice Chairman, any Executive Vice Presided, any Senior Vice President or any Vice President, any Second Vice President, the•Twasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal. if requited) by one or more Attoracya -in -Pact and Agents punmant to the power prescribed in his or her certificate or their certifiearm of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officer- Presided. any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for proposes only of executing and attesting bonds and undertakings and other writings obligatory in the nemm thereof, and any such Power of Attorney or certificate bearing such facsimile siguamrs or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seat shall be valid and binding an the Company in the future with respect to any bond or understanding to which it is attached I, Kevin E- Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St Pant Fire and Marine Insurance Company, St. Paul Guardian jitauMee Company, St. Paul Merrnny Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Unite Ca FiqaftandO ut t mty Company do hereby certify that the above and foregoing is a ante and $enact copy of the Power of Attorney executed by said Cosnpauiea;.`whi�h is�iji-W force rtf effect and has not been revoked IN TESTIMONY WHEREOF I have hereunto setm �r of sa � t-� 1� y hand and,,ptCed-d�uraE`ais oi'saiek,�o"m¢anies title � day of t"+-ue1 1 C1A .� 24 Kevin B. Hughes, Assistant Sec ary ray r .�_+� po i� � >�a1GfD y r� �i►ee��% �''! ��+�2 IMa1Poa4� � � t �'f � 1�i1 ��96AL�L'• �(gR1L�aT ��$ +��a To verify the authentidty of this Power of Attorney, call 1-800. 421 -3880 or contact us at www.travel=sbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached Packet Page -1049- 9/11/2012 Item 11.C. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner") hereby contracts with Quality Enterprises USA, Inc. ( "Contractor") of 3894 Mannix Drive, Suite 216, Naples, FL 34114 -5406, a corporation, authorized to do business in the State of Florida, to perform all work ( "Work'J in connection with LASIP . US 41 Ditch and Naples Manor Ditch Stormwater Improvements, Bid No. 12 -5940 ( "Project"), as said Work is set forth in the Plans and Specifications prepared by Atkins, the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies,' utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: TWO MILLION THREE HUNDRED EIGHTY FIVE THOUSAND EIGHT HUNDRED TWENTY DOLLARS AND FORTY TWO CENTS ($2,385,820.42) ITB 12 -5940 LASIP 28 Packet Page -1050- 9/11/2012 Item 11.C. Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms. treas .qov /c570 /c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liauidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within two hundred and ten (210) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within sixty (60) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be m3 12 -5940 LASIP 29 Packet Page -1051- 9/11/2012 Item 11.C. entitled to assess, as liquidated damages, but not as a penalty, two thousand three hundred and seventy four dollars ($2,374.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. rrB 12 -5940 LASIP 30 Packet Page -1052- 9/11/2012 Item 11.C. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Atkins and identified as follows: LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements as shown on Plan Sheets. Exhibit N: Contractor's List of Key Personnel ITB 12 -5940 LASIPbUS41 Ditch and Naples Manor Ditch Stormwater Improvements Terms and Conditions and Addenda Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Margaret Bishop, Project Manager Transportation Engineering 2885 S. Horseshoe Drive Naples, FL 34104 (239) 252 -5857 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Quality Enterprises USA, Inc. . 3894 Mannix Drive, Suite 216, Naples, FL 34116 -5406 rrB 12 -5940 LASIP 31 Packet Page -1053- 9/11/2012 Item 11.C. 239/435 -7200 Telephone, 2391435 -7202 Fax Lou Gaudio, Vice President C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered ITB 12 -5940 LASIP 32 Packet Page -1054- 9/11/2012 Item 11.C. into or will be recognized, and that all negotiations, acts, work performed; or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. ITB 12 -5940 LASIP 33 Packet Page -1055- 9/11/2012 Item 11.C. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNESS Type /Print Name SECOND WITNESS Type /Print Name Date: ATTEST: Dwight E. Brock, Clerk BY: Approved As To Form and Legal Sufficiency: Print Name: Deputy County Attorney ITB 12 -5940 LASIP By: CONTRACTOR: Quality Enterprises USA, Inc. Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Packet Page -1056- Fred W. Coyle, Chairman KV 9/11/2012 Item 11.C. EXHIBIT A 1: PUBLIC PAYMENT BOND LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements Bond No. Contract No. 12 -5940 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. ITB 12 -5940 LASIP Packet Page -1057- 35 Signed, sealed and delivered in the presence of: Witnesses as to Principal PRINCIPAL BY: NAME: ITS: 9/11/2012 Item 11.C. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety ITB 12 -5940 LASIP -"*� NAME: _ r I (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) l_ Packet Page -1058- 36 K0 Witnesses STATE OF COUNTY OF 9/11/2012 Item 11.C. As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of ,20 by as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: ITB 12 -5940 IASIP Packet Page -1059- 37 9/11/2012 Item 11.C. EXHIBIT A 2: PUBLIC PERFORMANCE BOND LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Bond No. Contract No. 12-5940 Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) 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 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials fumished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect . its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. rrB 12 -5940 LASIP Packet Page -1060- 9/11/2012 Item 11.C. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ITB 12 -5940 LASIP (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Packet Page -1061- 39 ATTEST: 9/11/2012 Item 11.C. SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , a Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. . My Commission Expires: (AFFIX OFFICIAL SEAL) ITB 12 -5940 LASIP (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Packet Page -1062- 40 9/11/2012 Item 11.C. EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self - insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be Vendor's sole responsibility. ITB 12 -5940 LASIP 41 Packet Page -1063- 9/11/2012 Item 11.C. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,, whichever is longer. The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, -Vendor shall - immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageW and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coveragees purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageo shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. ITB 12 -5940 LASIP 42 Packet Page -1064- 9/11/2012 Item 11.C. Collier County Florida Insurance and Bonding Requirements ITB 12 -5940 LASIP Packet Page -1065- 43 1. Workers Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1.000.000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® indemnification To the maximum extent permitted by Florida law, the ContractorNendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non -owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ITB 12 -5940 LASIP Packet Page -1065- 43 9/11/2012 Item 11.C. 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost bome by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name rrB 12 -5940 LASIP Packet Page -1066- Date Telephone Number 44 9/11/2012 Item 11.C. EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly swom, 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 , 20 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractors [monthly/final) Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of .20 by ,as of ,a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) ITB 12 -5940 LAS1P NAME: (Legibly Printed) Notary Public, State of Commissioner No.: ... Packet Page -1067- 45 9/11/2012 Item 11.C. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) ' Payment Application No. (Contractor's Name) for Work accomplished through the Date. (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ _ Percent Work completed to Date: % Percent Contract Time completed to Date % Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager. (Signature) DATE: (Type Name and Title) [TB 12 -5940 LASIP 46 Packet Page -1068- 9/11/2012 Item 11.C. Packet Page -1069- It a g 0 N m H 111111log 1111111111111111111111I �III�III�II�II� . �III�II�IINII III II IINIIIIWNII 9111�IIAlIIIIVIN�IN II�II�II�I�I IIIYII�IIWIII I�III�IINI enl�ll�llllnlll Ifll�l�llNll �nNmnunqum�i Packet Page -1069- It a g 0 N m H W c c; a a E C u 0 v m W R V L O N a N C C O U O x w Packet Page -1070- 9/11/2012 Item 11.C. OD qw _. 0 m f- w m� C m m� ova c U � m � � a— > L m"ma m � � h Q O O m v s O £ cZ d 3 N C O w 'C V m w 0 Packet Page -1070- 9/11/2012 Item 11.C. OD qw _. 0 m f- 9/11/2012 Item 11.C. EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No.: Change Order No.: Date: Change Order Description Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center. Object Code: Project Number: ) rrB 12 -5940 LASIP 49 Packet Page - 1071 - 9/11/2012 Item 11.C. Packet Page -1072- 9/11/2012 Item 11.C. EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state In the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative fist shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: g1 ITB 12 -5940 LASIP . Packet Page -1073- 9/11/2012 Item 11.C. RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents: Executed by Design Professional on .20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 By: CONTRACTOR Type Name and Tale OWNER accepts this Certificate of Substantial Completion on $ 20 OWNER By: Type Name and Title ITB 12 -5940 LASIP 52 Packet Page -1074- 9/11/2012 Item 11.C. EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: ITB 12 -5940 I.ASIP Packet Page -1075- 53 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner. 13. Finished Floor Elevation Certificate provided to Owner: 14. Other If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) ITB 12 -5940 I.ASIP Packet Page -1075- 53 9/11/2012 Item 11.C. EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at I'M 12 -5940 LASIP 54 Packet Page -1076- 9/11/2012 Item 11.C. the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly .described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 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 ITB 12 -5940 CASIP 55 Packet Page -1077- 9/11/2012 Item 11.C. schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly' updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specked hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of. the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Contractor shall submit all Applications for Payment to County Project Manager and /or delegate. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on fTB 52 -5940 LASIP 56 Packet Page -1078- 9/11/2012 Item 11.C. the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit bit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current 57 FTB 12 -5940 LASIP Packet Page -1079- 9/11/2012 Item 11.C. Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 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. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and /or services purchased as a part of this contract. 5. PAYMENTS WITHHELD. 51 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with. the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) rrB 12 -5940 LASIP 58 Packet Page -1080- 9/11/2012 Item 11.C. unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have fumished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement. as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and.the installation thereof. ITB 12 -5940 LASIP 59 Packet Page -1081- 9/11/2012 Item 11.C. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specked and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project rB 12- 59401ASIP 6 Packet Page -1082- . 9/11/2012 Item 11.C. 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- BUILTS 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. 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 rrB 12- 5940-LASIP 61 Packet Page -1083- 9/11/2012 Item 11.C. Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be 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 ITB 12 -5940 LASIP 62 Packet Page -1084- 9/11/2012 Item 11.C. Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed. by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived .any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material -costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen ITB 12 -5940 LASIP 63 Packet Page -1085- 9/11/2012 Item 11.C. percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall procee d Owner, regardless of any pending unless otherwise agreed to by the payments in accordance with the Claim. 12. OTHER WORK. diligently with its performance as directed by the Claim, action, suit or administrative proceeding, Owner in writing. Owner shall continue to make Contract Documents during the pendency of any 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, ITB 12 -5940 LASIP 64 Packet Page -1086- 9/11/2012 Item 11.C. 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 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party rrB 12 -5940 LASIP 65 Packet Page -1087- 9/11/2012 Item 11.C. for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, . at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Intemet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners ITB 12 -5940 UISIP Packet Page -1088- M 9/11/2012 Item 11.C. Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: b=: / /www.dhs.giv-1- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sec l. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks,. pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner.. ITS 12 -5940 LASIP 67 Packet Page -1089-, 9/11/2012 Item 11.C. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an. internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is ITB 12 -5940 LASIP 68 Packet Page -1090- 9/11/2012 Item 11.C. 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 therefore or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Worts performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. ITS 12 -5940 LASIP 69 Packet Page -1091- . 9/11/2012 Item 11.C. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6). months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. ITB 12 -5940 LASIP 70 Packet Page -1092- 9/11/2012 Item 11.C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide rrB 12 -5940 LASIP 71 Packet Page -1093- 9/11/2012 Item 11.C. proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project. Manager, Contractor shall as directed, either corrects all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. ITB 12 -5940 LASIP 72 Packet Page -1094- 9/11/2012 Item 11.C. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. if it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attomeys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design rrB 12 -5940 LASIP 73 Packet Page -1095- 9/11/2012 Item 11.C. Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. . 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one 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. ITS 12 -5940 LASIP 74 Packet Page -1096- 9/11/2012 Item 11.C. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency; if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails 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; ITB 12 -5940 LASIP 75 Packet Page -1097- 9/11/2012 Item 11.C. 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work.is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; rrB 12 -5940 LASIP 76 Packet Page -1098- 9/11/2012 Item 11.C. 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre - construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a. working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre - construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. rFB 12 -59x0 LASIP 77 Packet Page -1099- 9/11/2012 Item 11.C. 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. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT') policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor rrB 12 -5940 LASIP 78 Packet Page -1100- 9/11/2012 Item 11.C. EXECUTIVE SUMMARY Recommendation to award Contract No. 12 -5940 — LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements to Quality Enterprises USA, Inc., in the amount of $2,385,787.65, plus a ten (10) percent contingency of $238,578.77, totaling $2,624,366.42, Project No. 51101. OBJECTIVE: To continue with the construction of the Lely Area Stormwater Improvement Project (LASIP). The entire LASIP regional project consists of 31 different project segments that have been ongoing (design and permitting for construction) since 2005. The US 41 Ditch and Naples Manor Ditch Stormwater Improvements are one of the final seven construction efforts planned. CONSIDERATIONS: The Lely Area Stormwater Improvement Project is sequentially progressing towards its completion. To date, 16 of the 31 total segments have been constructed. The remaining segments need to be designed and must commence construction before pen-nits from The South Florida Water Management District ( SFWMD) and the US Anny Corps of Engineers ( USACE) expire. The LASIP SFWMD Environmental Resource Permit ( #11- 01140 -S) was issued on Oct 14, 2004, and is extended each time a new construction phase is approved. However, the USACE Environmental Resource Pen-nit SAJ- 2002- 2436(IP -MJD) was issued on July 28, 2005, and will expire on July 25, 2015. This is a hard deadline that dictates that all work must be completed by that date; therefore, it is imperative that the LASIP work continues. Thus far, completing the construction tasks have been accomplished successfully (see attached "Construction Phasing" map). The bid for the US41 Ditch and Naples Manor Ditch was advertised on July 6, 2012, in the Naples Daily News, 1,687 notices were emailed to subscribers and 125 vendors downloaded the specifications. The county held a non - mandatory pre -bid meeting on July 24, 2012, to explain the contract specifications and answer any prospective bidders' questions. Seven (7) bids were received by the August 9, 2012, due date. The bids were reviewed by the Transportation Engineering staff and the Project's Design Professional in conjunction with the Purchasing Department. The following bids were received: Packet Page -1001- Contractor Bid 1 Quality Enterprises USA, Inc. $2,385,787.65 2 Southwest Utility Systems, Inc. $2,710,495.35 3 Haskins, Inc. $2,793,845.13 4 Bonness, Inc. $2,805,759.38 5 Mitchell Stark Company, Inc. $2,945,281.53 6 ZEP Construction, Inc. $3,331,601.31 7 Douglas N. Higgins, Inc. $3,764,953.50 Packet Page -1001- 9/11/2012 Item 11.C. The bids have been recalculated for verification and tabulated by the Purchasing Department and Quality Enterprises USA, Inc., was shown to be the lowest, responsive and qualified bidder. The Design Engineer's opinion of probable cost for the project was $3,138,548.38. Quality Enterprises USA's bid is 24% under the Engineer's estimate. FISCAL IMPACT: Funds in the amount of $2,624,366.42 are available within the Stormwater Management CIP Fund (325). The source of funding is Ad Valorem. GROWTH MANAGEMENT IMPACT: The project is in accordance with the goals and objectives of the Drainage Sub - element of the Growth Management Plan for Collier County Stormwater Management. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMENDATION: Staff recommends awarding Bid No. 12 -5940 to Quality Enterprises USA, Inc,. in the amount of $2,385,787.65 for the construction of the improvements to the segment of the Lely Area Stormwater Improvement Project known as the LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements, authorize the Purchase Order with the bid amount plus an additional 10% for contingency, and authorize the Chainnan to sign the attached Agreement after final review by the Office of the County Attorney. Prepared By: Margaret A. Bishop, P.E., Sr. Project Manager, Transportation Engineering Department Attachments: (1) Bid Tabulation Sheet (2) LASIP Map (3) Agreement Packet Page -1002- 9/11/2012 Item 11.C. COLLIER COUNTY Board of County Commissioners Item Number: 11.C. Item Summary: Recommendation to award Contract No. 12 -5940 — LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements to Quality Enterprises USA, Inc. in the amount of $2,385,787.65 plus a ten (10) percent contingency of $238,578.77 totaling $2,624,366.42, Project No. 51101. (Margaret Bishop, Project Manager, Senior, Growth Management, Transportation Engineering) Meeting Date: 9/11/2012 Prepared By Naive: BishopMargaret Title: Project Manager, Senior,Transportation Engineering & Construction Management 8/7/2012 2:57:29 PM Submitted by Title: Project Manager, Senior,Transportation Engineering & Construction Management Name: BishopMargaret 8/7/2012 2:57:31 PM Approved By Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineer Date: 8/13/2012 11:02:34 AM Name: TaylorLisa Title: Management /Budget Analyst,Transportation Adininistr Date: 8/14/2012 3:18:42 PM Name: LynchDiane Title: Administrative Assistant Date: 8/15/2012 1:39:18 PM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Packet Page -1003- Date: 8/17/2012 9:41:53 AM Name: ShueGene Date: 8/17/2012 3:40:38 PM Name: BrilhartBrenda Title: Purchasing Agent,Purchasing & General Services Date: 8/20/2012 11:32:51 AM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 8/23/2012 2:24:20 PM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 8/23/2012 3:19:53 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 8/23/2012 4:57:29 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/27/2012 4:20:54 PM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 8/28/2012 2:52:31 PM Name: KlatzkowJeff Title: County Attorney Date: 8/29/2012 4:03:03 PM Name: UsherSusan Title: Management /Budget Analyst, Senior,Office of Manage Date: 8/31/2012 4:35:14 PM Name: OchsLeo Title: County Manager Date: 9/1/2012 3:10:09 PM Packet Page -1004- 9/11/2012 Item 11.C. aim Q ms Em as 9/11/2012 Item 11.C. 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I ., ., Y z U W K z 0 b o o x P: 0 < w Z z 2 z cc) 0 0 a 0 0 Z C� 7 7 PaCket Page -lUU5- Z 8 8 m i n OI o° do m ° 'F n z y F F O > Y > > > > T > Y > a » »TT >a> a Y> f> T> T Y Y »Y a » > T » Y> Y» T> T T 2 G N a Q m _ yg Q O Z m a y K r O O w w n °Q a a W aw `Cca c� a � _n N > aq qa m`c u � z � � N 8 O 6 6 6 u a a � as U C 2 W F � 8 8 � U Z N O pj a x 0 8 8 u 4 w � 8 o n � u y O J J W r S H y V � H 2 7 � r S y 0 U g Z F O O S y 0 y 0 Q u ° z w r w °u y a r W O N Z N Z m y U Z J N o O gU F a Q r m J H Ny0 r 8 F F O > Y > > > > T > Y > a » »TT >a> a Y> f> T> T Y Y »Y a » > T » Y> Y» T> T T 2 Packet Page -1006- 9/11/2012 Item 11.C. G N a Q m _ U Q O Z m a y K r O w w n °Q a aw `Cca c� a � _n aq qa m`c � as Packet Page -1006- 9/11/2012 Item 11.C. 9/11/2012 Item 11. C. LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements COLLIER COUNTY BID NO'. 12 -5940 COLLIER COUNTY, FLORIDA ITB 12 -5940 LASIP Brenda Brilhart, Procurement Strategist Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 - 8446 FAX. (239) 252 — 6697 Design Professional: Atkins Pudmig Oapatwi- 3327 Tamiami Trail East • Naples, Florida 341124901 • www.cd1Mov.neUpurch" Packet Page -1007- 9/11/2012 Item 11.C. TABLE OF CONTENTS PUBLICNOTICE .......................................................................................... ..............................3 PART B - INSTRUCTIONS TO BIDDERS .................................................... ..............................5 CONSTRUCTIONBID ................................................................................. .............................13 BIDSCHEDULE .......................................................................................... .............................14 MATERIALMANUFACTURERS ................................................................. .............................15 LIST OF MAJOR SUBCONTRACTORS .................................................... .............................16 STATEMENT OF EXPERIENCE OF BIDDER ............................................. .............................18 TRENCHSAFETY ACT .............................................................................. .............................19 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS .............. .............................20 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................21 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 ........................ .............................22 BIDBOND ................................................................................................... .............................26 BIDDERSCHECK LIST .............................................................................. .............................27 CONSTRUCTIONAGREEMENT ................................................................ .............................28 EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................... .............................35 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................... .............................38 EXHIBIT B: INSURANCE REQUIREMENTS .............................................. .............................41 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................45 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................46 EXHIBITE: CHANGE ORDER .................................................................... .............................49 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................51 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................... .............................53 EXHIBIT H: GENERAL TERMS AND CONDITIONS .................................. .............................54 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ........................ .............................84 EXHIBIT J: TECHNICAL SPECIFICATIONS .............. ............................... ............................115 EXHIBITK: PERMITS ................................................. ............................... ............................123 EXHIBIT L: STANDARD DETAILS ............................. ............................... ............................124 EXHIBIT M: PLANS AND SPECIFICATIONS ............. ............................... ............................125 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT .............126 ITB 12 -5940 LASIP Packet Page -1008- 2 Memorandum 9/11/2012 Item 11.C. Email: BrendaBrilhart@cofliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM #2 Date: August 3, 2012 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 — ITB 12 -5940 - LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ADD: Revised Bid Schedule — Addendum 2 schedule must be submitted to be considered for award. QUESTIONS & ANSWERS: Q: Per Addendum #1, on US 41 the property owners through the county will provide a "determination" of the existing business signs and landscape within the ROW. The contractor is use this "determination" to dictate the protection / removal /relocation of existing signs and landscape. Is the cost for this covered in the owners contingency? If not what costs should the contractor be expected to cover for their proposal? A: In anticipation of these costs, a new pay item no. 101-4 has been added with a $50, 000 allowance to cover the costs of these items, upon determination, and direction from Collier County. Q: Per Addendum #1, the contractor is responsible to coordinate with FPL the light pole holding. Is the contractor responsible for the cost of the pole hold? A: No the contractor is not responsible for cost of pole hold. Q: Is the contractor allowed to close the existing sidewalk? If so will the county require a temporary sidewalk? Is there an alternate that the county is requiring the contractor to use for pedestrian detour? A: The contractor will be allowed to close the sidewalk as needed, but will be required to provide appropriate MOT and signage to direct pedestrian to an alternate route utilizing existing sidewalk within the project limits along US41 or within Naples manor. The contractor will need to provide temporary sidewalk if needed to provide safe pedestrian access if no option is available using existing sidewalk. Q: Addendum # 1 Changed the RCP to Class IL Are you sure this is what you want after all the failure's on Rattlesnake Road. A: Collier County is still wanting to utilize Class 11 pipe. Packet Page -1009- 9/11/2012 Item 11.C. Q: Is Laser Profile & Video required for the RCP & Box Culverts. A: Contractor is responsible for a// final inspections per FDOT specifications. Question was posted on the on line bidding system on July 19' and responded to on July 31: Please note change: Q: Can sizes of the existing water and force mains shown on the Utility Adjustment sheets be provided? Are there any as -built elevations available of these mains? A: Plans will be updated to provide available information, will be posted by the week of August 6th. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Margaret Bishop, Project Manager Enc: Bid Schedule Packet Page -1010- 9/11/2012 Item 11.C. ,. Email: BrendaBrilhart@colliergov.net cnty. Telephone: (239) 252 -8446 A+r *astaie swmesb r FAX: (239) 252 -6697 Purm. ADDENDUM #1 Memorandum Date: August 1, 2012 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 — ITB 12 -5940 - LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ADD: Revised Bid Schedule — Addendum 1 schedule must be submitted to be considered for award. QUESTIONS & ANSWERS: Q: Is the excavation quantity on the bid sheet representative of the ditch excavation only? Or does it include excavation for the pipe? A: Excavation and Embankment auantities includes work on US 41 as well as Naples Manor. Per FDOT Standard Specifications utilized on this proiect. necessary excavation for pipe work is paid for under the pay item number for the pipe. Q: Is the contractor responsible for the cost to have the light poles held by FPL during installation of piping? A: Contractor will need to coordinate with FP &L durina construction to coordinate that effort. Collier Countv will schedule a utility coordination meetina with all known utilities prior to construction, to confirm construction coordination. Q: Are borings available? A: Final Report is beina completed at this time. report will be provided as soon as completed. Soil Borings were only taken at the box culvert locations for the box culvert design, none were completed along the Naples Manor Ditch Area Discussions with Geotechnica/ Engineer have stated that he encountered rock at approximately the elevation of the existing ground level of the ditches and it can even be seen exposed at the ditch bottom. Bid price should based on anticipated rock at that elevation. Q: Can sizes of the existing water and force mains shown on the Utility Adjustment sheets be provided? Are there any as -built elevations available of these mains? A: Plans will be updated to provide available information will be posted by August 2rd. Packet Page -1011- 9/11/2012 Item 11.C. Q: There is approximately 1000' of guard rail to install per the plans, but no bid item. Is this to be ;,,,. incidental, or can there be a bid item for this work? .. A: Pay Item Numbers 536 -X -X have been added for new quardrail on the proiect. Q: Page 29 of the bid documents states 210 days to substantial completion, but page 92 states 240 days. Can you please clarify? A: Substantial completion shall be 240 days with 30 days to complete punch list items, total contract time 270 days. Q: Has a dewatering permit been obtained? If so, can you please provide? If not, will that be the responsibility of the Contractor? permit will be provided. Q: Who notifies property owners of upcoming construction? A: Collier County Staff will notify Property Owners Q: How is the contractor to deal with existing business signs /landscaping within easement on US 41? A• Collier County will provide notification to property owner of pendinq construction as well as provided contractor final determination per property owner from easement/row acquisition from the proiect This determination provided to the contractor will dictate the protection of what signs and protection/removal /replacement of existing landscaping. Q: There is de- silting shown on the plans, how far should the de- silting be completed. A: Added Pay Item Number 430 -4 -4 has been added for the de- silting of the 54" pipe. �w ter.. Q:' Does the contractor need to provide new guardrail per FDOT standard index or utilize the original material return to the original condition. A• Per discussions with FDOT the contractor can remove and reset guardrail that is removed as part of construction access Pay Item No 538-1 has been added It has been done under assumption of removal of 50' of quardrail at each ditch location that has quardrail and may need to removed for construction access at the contractor's o tp ion. Q: Are there plans for payment of potholing and /or SUE location on the project? And how will payment for unforeseen utility relocation be paid for? A• Pay Item Number 101 -3 had been added to the bid schedule with an allowance for possible unknown utility relocations during the construction Also Pay Item Number CC -9950 has been added for utility potholing as need on the project. Q: Are there separate Pay Item Numbers for the incident items and fence removaVrelocation of items within the 30' easement through Naples Manor? A: Collier Countv will be contacting the property owners prior to construction notifying them that they need to relocate items within the easement prior to construction. Anything left within the easement that has not been relocated by the prooertv owner will be removed under and paid under clearing and _grubbing. Q: What class RCP is approved for this job? Bid form says CL -IV and optional sheet says CL -iI. A: RCP for the proiect shall be Class 11. Bid Form has been updated. Q: Is ADS N -12 pipe an approved alternate to RCP on this job? A: No. Collier County has determined that RCP is the only option for the proiect. 2 Packet Page -1012- 9/11/2012 Item 11.C. Q: Regarding the line item 'Turnout Construction, Asphalt ". The bid tab sheet has a quantity of 2,777 CY. The plan quantities (provided on Sheet 2 & Sheet 11) show 2,777 SY. Is this line item SY or CY? A: The correct quantity unit is SY. The Pay Item Number has been updated to 286-1— Tumout Construction and Pay Item Number 334 -1 -12 Supergave Asphaltic Concrete (Traffic Level B) has also been added There has also been pay item notes added to plan sheets that will be provided on August 2, 2012. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Margaret Bishop, Project Manager Enc: Bid Schedule Updated Plan sheets Permits Packet Page -1013- 2 9/11/2012 Item 11.C. Admh1 Sw*WD Pub. PUBLIC NOTICE INVITATION TO BID LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements COUNTY BID NO. 12 -5940 Separate sealed bids for the construction of LASIP US 41 Ditch and. Naples Manor Ditch Stormwater Improvements, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 9th day of August 2012, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, at 2:00 p.m. LOCAL TIME on the 24th day of July 2012, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements Bid No. 12 -5940 and Bid Date of August 9, 2012. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract ITB 12 -5940 LASIP Packet Page -1014- 9/11/2012 Item 11.C. Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specked in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within two hundred and seventy (270) calendar days from and after the Commencement Date specked in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 6th day of July 2012. ITS 12 -5940 LASIP BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director Packet Page -1015- 9/11/2012 Item 11.C. PART B - INSTRUCTIONS TO BDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein fumished by the Owner (pages 13 27 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received. at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. rrB 12 -5940 LASIP Packet Page -1016- 9/11/2012 Item 11.C. 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 cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the 'Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. ITB 12 -5940 LASIP Packet Page -1017- 9/11/2012 Item 11.C. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and 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 via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. ITB 12 -5940 LASIP Packet Page -1018- 9/11/2012 Item 11.C. 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 the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular.if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than twenty -five percent (25 %) from the estimate at the time of bid. ITB 12 -5940 LASIP Packet Page -1019- 9/11/2012 Item 11.C. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an .: expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing professional of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing � Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at htti)://www.colliergov.net/Index.aspx?pa-qe=762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (FI Stat 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orQ /search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. ITS 12 -5940 LASIP Packet Page -1020- -- — -- 9/11/2012 Item 11.C. 12.7 Local Vendor Preference: The Collier County Board of County. Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non -local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non -local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non -local bidder . does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. ITB 12 -5940 LASIP 10 Packet Page -1021- 9/11/2012 Item 11.C. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these pemnit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier. County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth rB 12 -5940 LASIP 11 Packet Page -1022- 9/11/2012 Item 11.C. in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specked period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specked period of time, including. but not limited to: submitting bids, RFP, and /or quotes;' and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may. serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 1TB 12 -5940 LAS1P 12 Packet Page -1023- 9/11/2012 Item 11.C. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements BID NO. 12 -5940 Full Name of Bidder Quality Enterprises USA. Inc. __- Main Business Address 3894 Mannix Drive, Suite 216, Naples, Florida 34114 -5406 Place of Business same Telephone No. 23243,E -7200 Fax No. 239 -435 -7202 State Contractor's License # CsCA57231, CUC057398 State of Florida Certificate of Authority Document Number F95000002550 Federal Tax identification Number 54- 0947002 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do ail other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided In no more than two decimal points, and In the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL•and ONE COPY of your bid pages. ITB 12 -5940 LASIP 13 Packet Page -1024- r� d W Hs, H d JJ Q Co W Cy �ypa S C h Q F t� j 4 g Cb 9/11/2012 Item 11.C. Packet Page -1025- 8s O 8 Q $ $ i s g s $ �p� N (4(y �f� 8 �QS N 88 O 8 - 1 Q, 8 em�7 �8pp fD 8 8 � $ O pqg �D 8 a�8` �P 88 O $$ O 8$ ID 88 O 8a O qx1 O aD gp l+i F. y ra m N b cO w cS v) � N N r o m �C p t0 N ae ti b a vi F N N N M N N N N N N N N M N N N N N N M N M N N q N N N N i g Q8c� w N u► i� 8t � 8 8 g 8 8$$ o � m fog 7 w � �g? ii � f�2 ii. SQ2 i� w n e.�' iii w �i w M H i2 � .'Z � � N r r P m N p m N 1� f j N eD O S N m O ° a 0 x (4 ¢ ,� N r m c o O o r m !L s z z z ° O ° N v v M ~ LLl �a V yn m o �[ 23 O W O W W W 1S! Z Z I� Q � U wa Z O a Tm O O 0 {t� Z W rW m m m m m o W i�n u j U O a N O YJ ZZ O > ° u � 2 � � � wO �j � U � � V . cN7 � F.V.. O � C t F i y z O0 a -� vdw� �V2 O LU O N O r N � Iq r lb � N tit I Packet Page -1025- � $ k � p � § . � . E k � m � Co F � i � a k! 4\ k� � 2 g k E !2 �200, . z *wl: ƒg 9/11/2012 1 m 11.C. ; Packet Page -1 026 m@ a 8§ n# 8■ 9#■ 2 � 2 ) _ _ » 0 _ � o o `2 5 a # B& 5 ~ ® § k § § .) § k k k k § ) ] LU w w § 5 § § \ § ( ( § § §'2 - � § ) d 5x 0 0 § § s I E § & 2 ; _ B ° B ©° / k k Cr k i 2 ! (L (L , o c L G E 2 9/11/2012 1 m 11.C. ; Packet Page -1 026 9/11/2012 Item 11.C. MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON - RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and Is not approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) Cn behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Corn u Signature' Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. '4. 5. Please insert additional pages as necessary. Company: S rgnefure Date. rTB 12- 59401ASiP 15 Packet Page -1027- Q 9/11/2012 Item 11.C. w WAN: Packet Page -1028- C k C C b R 9/11/2012 Item 11.C. Packet Page -1029- NC D N ►.yI T w E LL y O O TV O O c Ci C N ° N � 0. 3 •O a d ~ a to .a m m z N (D 78 1O aTi CO a tr 4 O L° E m t o a •� tV N N O c O O M° ea N a H e! n M N W d 0 m o n m W c � a A a E o ° m m � w U =� z .= v; ao 00000 u�wwwww to Z M Qf a LL a c _ O M N C i O N ti O N 0 2 k Np T 'N O N N O O O r h N -� ~ C F r O O Co ti o w o E. Z O U it U woJLz W V o d o a t a w — -- — a a4 y riozi z Packet Page -1029- 9/11/2012 Item 11.C. LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges Its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, Including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who Includes non - compliant or non - qualified Subcontractors In its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). f=urther, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. None Kr Manor Category of Work ... ;, ,. Subcontractor and Address, 1. Electrical 2. Mechanical N/A 3. Plumbing N/A 4. Site Work None 5. Identify other subcontractors that represent more than None 10% of price or that affect the critical path of the schedule 6. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 7. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 8-.—ideq;ttffy -ather- subGGntrastars -- that represent more than ITB 12.59401ASIP Packet Page -1030- 16 9/11/2012 Item 11.C. 10% of price or that affect the critical path of the schedule . 9. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 10. Identify other subcontractors . that represent more than 10% of price or that affect the critical path of the schedule ITB 12 -5940 LASIP Packet Page -1031- W 9/11/2012 Item 11.C. STATEMENT OF EXPERIENCE OF BIDDER The Bidder Is required to state below what work of similar magnitude completed within the last five years is a Judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference if Gordon River Extension Restoration Naples, Florida 2. Upper Long Beach Canal Long Beach, Mississippi 3. Long Beach Canal Lower heath Long Beach, Mississippi H Basin TTT Drainage Tmnrovements Naples, Florida 5. C� Gompapy. Sig�atu�a oa ITS 12 -5940 LASIP Eitezvtse�TSA; Jerry Kurtz, Collier County Stormwater Management 239 -252 -5860 Nathan Lovelace, Project Manager U.S. Army Corps of Engineers 251 - 802 -2010 Nathan Lovelace, Project Manager U.S. Army Corps..of Engineers 251 - 802 =2010 Gregg S r kal use, P. Engineering Manager, City of Naples 239 - 2135003 .� .6au4 Vic r _ Packet Page -1032- 18 9/11/2012 Item 11.C. I TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying.with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cos {Descriotion) L� F•SY) 1. Slone LF 6,484 $3.00 119,452.00 2. 3. 4 5. ITB 12 -5940 LASIP Packet Page -1033- 19 9/11/2012 Item 11.C. EM AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS SOLICITATION # 12 -5940 LASIP US 41 OrrCH AND NAPLEs MANOR DrrcH STORMWATER IMPROVEMEWS (CHECK APPROPRIATE BOXES BELOW) State of Florida (Select County if Vendor is described as a Local Business ® Collier County 0 Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Xi of the Collier County Purchasing Policy, A "local business" is defined as a business that has a valid occupational license Issued by either Collier or Lee County for a minimum of one (1) year prior to a Colder County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of. Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall'not be considered a 'focal business" unless it contributes to the economic development and well -being of either Colder or Lee County in a verifiable and measurable way. This may Include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall _affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established In ®Collier County or ❑ Lee County: 1994 Number of Employees (including Owner(s) or Corporate Officers):_ RS Number of Employees Living in ® Collier. County or ❑ Lee (Including Owner(s) or Corporate Officers): 21 If requested by the County, vendor well be required to provide documentation substantiating the information given In this affidavit. Failure to do so will result'in vendor's submission being deemed not applicable. Vendor Name: Quality Enterprises USA, Inc. Date: 812/'12 Collier or Lee County Address: 3894 Mannix Drive, Suite 216, Naples, FL 34114 -5406 Signature: Q Title: Vice President Lou s J. Gaudio STATE OF FLORIDA: ® COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 9th Day of Notary Public My Commission Expires: 2/11/14 (AFFIX OFFICIAL. SEAL) .A paon mts+oeet FE" I B 12-5840 LAW Packet Page -1034- 20 9/11/2012 Item 11.C. Goer Cy s 17Nblan Immigration Law Affidavit Certification Solicitation: 12.5840 LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (1TB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll In the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized allen workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INK), Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the iNA, Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1888 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name —Quality Enterprises USA, Inc. Print Name Louis J. Gaudio Title Vice President Signature Date 8/9/12 State of Florida County of Collier The foregoing instrument was signed and acknowledged before me this 911 day of August 20 12, by Louis J. Gaudio (print or type name) who has produced N/A — Known (type of Identification and number) as identification. r Notary Public Signature MARCIEL COFEN Marcie L. Cohen : + WYCO MI ON14D.8405M EXPIRES: FeMary 11, 2014 Printed Name of Notary Public saawnn,n "P"Cur� DD940581 2/11/14 _ Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. ITB 12.5940 LASIP Packet Page -1035- 21 9/11/2012 Item 11.C. EmployerWizard Page l of i sts ve�1 �mpiayment �iigibiiity Vt3riflcatiatl LE ENUTTLETON EUT8881 10:23 AM - 10/1Q70Tb Log ow H016 Company Information MY Caas _ New case view Cases Company Nems: QUALITY ENTERPRISES USA, INC My Profile y Company ID-Number: 234219 ! Edt Prone Doing Business As (DBA) Change Password Name: Chang* Security Ouoslions DUNS Nuntbar: MY convolAy Ed t Cornpen y Profs i Physical Location: Mailing Addes:, f ' Address 1: 208 TINTERN CT Address 1: Add New User Address 2: Address Z: View Existing Usm i city: CHESAPEAKE City: Close Company A=vunt ! State: VA State: My Reports Zip Code: 23320 Zip Gods: { View steports county: CHESAPEAKE CITY , i �. My Reeeurdea Additional Information: View Essential Raeour=s Employer Identification Number: $40947002 Take Twor al Total Number of Employees: 100 to 489 View User Manual i Parent orgenuadon: Contact Us ! Administrator. QUALITY ENTERPRISES USA INC Organization Designation: j Employer Category: Fedemt Cordtector without FAR E- Varify Clause NAICS Code: Total Hking SHas: 238 • SPECIALTY TRADE CONTRACTORS t� i P Total Points of Contact: 3 i U.S. Daiwnm4nt et HaneiRnd S*CUniy - MAWLhe IM''/ U.8 CraArelxy end lmmiprNOe Servxxe • wNN.77rG1i.�W ACdele" 'naardoed Arms _ https: / /c- verify. Uscis- gov /cmp/EmployerWizfn .aspx 10/1912010 Packet Page -1036- 9/11/2012 Item 11.C. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395 1940 NORTH MONROE STREET •``�v.�*'`` TALLAHASSEE FL 32399 -0783 MURRELL, HOWARD J JR QUALITY ENTERPRISES USA, INC. 2827 SILVERLEAF LN NAPLES FL 34105 Congratulations] With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulati Our professionals and businesses range from architects to yacht brokers, froi boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business In order to serve you For Information about our services, please log onto www.myfloridalicense.c There you can find more information about our divisions and the regulations 1 Impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new ila DETACH HI cRF AC _ rr. ::m fLO . • .a .�. . ;9,'06 + •..w:. ''� ,a, {; °•' : }'r. ~1A�. . !�!1O .1 z° - ,. �NW�.LL GU'LA N: ".:..:"' : •...:, ` lr R :.I'TIYI6__=~ 161. f�a .: S� ,.,�? 1 SEQ#Li2o?o1op. ^.`';` z° ` ^�y;=ci::i.: �c�!fi: c..4 r '� x ^: .r. x...r�.yr.:: -.'�K�: %' �q;:: ;i.�::: i.1�'.: i'•, LIG$NSE.NS is -7� 0.7 ^zD3..,$n 3fi "s E7 3' IL C�NTR1� .T 'T�' � 'i` '�1 1t ha C i9I, ;Nan My e ow t7n ier:: t p ovia: n" -. hapt Ex I ti n .ait'4: AUG;; `31,::.2014 {:t ,.•. !'f ,, l!. � aCr %�> � ��.�• .fir � ��'; •1.: > ' +�r -'� -t, 't•� : �, `QUALITS(•; >��,pPR1` ... A► ING •I, - - y'r► , " ,•A�t ru 3 8 9 4' MANN I ' rit, rE #2°''}. 9 � ' � r G �s�: ti F !1i4 .,D �, ' NAP;,LES T,. =�, ,� �• L`...3. .Fcey�,.� s;i�T�;• i tIg �: ,'L, .• r'.� :i— u: :' ';.ir .;t ^.. '�i t�S."�ity' _ •ar �.r2�,.�-7- .��•F•.e v7�. KEN LAWSON ► W, SECRETARY ` D1SP6AY AS RE6t1]RED'B LAW Packet Page -1037- 9/11/2012 Item 11.C. 9 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ` CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395 1940 NORTH MONROE STREET °�*�* TALLAHASSEE FL 32399 -0783 MURRELL,'HOWARD J JR ' QUALITY ENTERPRISES USA, INC. 2827 SILVERLEAF.LN NAPLES FL 34105 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to Improve the way we do business In order to serve you better For Information about our services, please log onto www.mylloridalicense.com. There you can find more Information about our divisfons and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. .' Our mission. at the Department is: License Efticientiy, Regulate Fairly, We constantly strive to serve you better so that you can serve your customers. Thank you for doing business In Florida, and congratulations on your new Ilcensel L DETACH HERE k• Ul MENT HAS A COMBED : ♦ U ND PAPER ji {t ,,i ` v �� pe � : iy ��`'•. , 1. CT+� ry ., f .r , :'! \~ y. i�'t, k. ,�.'i` •aF �? :.t F ••.• .. Pii8;8TiiLGUjLATION, TR3i' L12070700313 Gr 'SA -. •'Il,•v i..l I :.V.Y�' 1GV:i4r{L•:.L.++�� O•� li qqS��yy �`4 .- � �i� _ __ i r .. s'J.5h�`�iJN75:E. �. �FI{T�� E �� • - -'_ - ` � �° *�' Vii 'd er tip rovi154:Aq• .o Z`: hap '* Expiraiiq�n cite • AV,G, *1 •'.k `./ � � ,. . „.� :r,- r ips r _'f' ;tr , '. '” �-• '+��•Qg qf1 n• ;?fit p R .f �, %: �:t rat. � .brr -�.i'• �5:. ' 4•': ;,tr t .�. Q RI'SEN' tS'' I ,�M .�. • ��'�',�'' , 3894'..DIAANNi� ]��ZIi7� �'l'�7:'�' � ��'►�s�� `�'+• � . FL. 314114 WE " �� • f^..'... it, i ^ �c `�•:+�.: p:fiT.nrn �`,1 _ . +,• :,•2�... iFivti.L��. ,�; , _�3�"ii .: • • � .i` °•:3: _. :itF� r << ;i .v... - }; °,:!£ I'tCCA "t4 y. .;'k. '4 '' ter• aft. .; �+ri.. C . till.. . '•ai "Y N , . :- .�,'. Lam' i ..S' •r _t is t! ':,< .`t - O" *1": '. �:• ` S.. �i' C.,. y �. C i E ' .� �:t .A: KEN LAgPSON "G100 OR,::,. ,... :c' -`si f=` • SECRETARY DISP. AS REQUIRED'RV I AVI/'' '' f Packet Page -1038- 9/11/2012 Item 11.C. BU IN SS PHONE: 435-7200 tax o,n.ty.. Thfs Is no_t76irtMc4Ton•ff4t lice ie to violate any exl6ngeoguliiory- ion'! *i froin. any :other taxes or 066fts that Packet Page -1039-' 9/11/2012 Item 11.C. State of Florida Department of State I certify from the records of this office that QUALITY ENTERPRISES USA, INC, is a corporation organized under the laws of Virginia, authorized to transact business in the State of Florida, qualified on May 25, 1995. The document number of this corporation. is F95000002550. I further certify that said corporation has paid all fees due this office through December 31, 2012,. that its most recent annual report was filed on January 6, 2012, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seat of Florida, at Tallahassee, the Capital, this the Tenth day of January, 2012 l Secretary of State Authentication ID: 000216846910 -011012 - 795000002550 ID, and then follow the instructions displayed https:// efile .su,nbiz.org/certauthver.html Packet Page -1040- 9/11/2012 Item 11.C. a�mr,lserVro�owm�, w�r,oano AFFIDAvn' FOR CLAIMING STATUS AS A LOCAL BUSINESS SOLICITATION # 1 z -5940 LASIP US 41 OrrcHANo NAPLES MANOR DITCH STORMWATER IMPROVEMENTS (CHECK APPROPRIATE BOXES BELOW) State of Florida (Select County if Vendor Is described as a Local Business ® Collier County ❑ Lee County Vendor affirms that it is a local . business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" Is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not veriflabie and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless It contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may Include, but not be limited to, the retention and expansion of employment opportunities, the support and Increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm In writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following Information: Year Business Established in ®Collier County or ❑ Lee County: 1994 Number of Employees (Including Owner(s) or Corporate Officers): R5 Number of Employees Living in ® Collier County or ❑ Lee (including Owner(s) or Corporate Officers): 21 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Quality Enterprises USA, Inc. Date: 8/91,12 Collier or Lee County Address: 3894 Mannix Drive, Suite 216, Naples, FL 34114 -5406 Signature: Title: Vice President Lou s J. Gaudio STATE OF FLORIDA: ® COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 9th Day of Angilqt, 20 Notary Public My Commission Expires: 2/11/14 (AFFIX OFFICIAL SEAL) ITB 12 -5940 LASIP MARCE L COM w COMt11S" 4 m 9ml Packet Page -1041- 20 9/11/2012 Item 11.C. Co Lre-r Camay A*rt**g eserAMWslon pm r*" . COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County Is required to collect the following Information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers N used by the individual or company for tax reporting purposes). Florida Statute 119.071(6) require that the county notify you in writing of the reason for collecting this Information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all Information) Taxpayer Name Quality Enteygrises USA: Inc (as shown on income tax return) Business Name (if different from taxpayer name) Address 3894 Mannix Drive, Suite 216 City NaTples State Florida Zip 34114 -5406 Telephone 239 - 435 -7200 FAX 239 -435 -7202 Email Lr-AUDTQ(d"- 17gA_COM Order Information Remit I Payment Information Address Same Address Same City Slate Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) Individual / Sole Proprietor _L _Corporation Partnership Exempt (Federal Income tax -exempt entity Limited Liability Company _Tax under Intemal Revenue Service guidelines IRC 1 501 (c) 3) Enter the tax classification D = Disre aided Enithy, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 54- 0947002 (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, t certify that the information shown on this form is correct to my knowledge.. Signatur ouis J. Gaudio Date 819/12 Title Vice President Phone Number 9'19-435-7900 ITS 12 -5940 LASIP Packet Page -1042- 22 9/11/2012 Item 11.C. Upon notification that its Bid has been awarded, the. Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss If the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not Impossible, to definitely ascertain and quantify. It is hereby agreed that It is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within two hundred and ten (290) 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 sixty (60) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period, Respectfullv Submitted: State of Florida County of Collier Louis J. Gaudio being first duly swom on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. T.nti.i a .T_ rniuli n also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. ITS 12.5940 LASIP 23 Packet Page -1043- 9/11/2012 Item 11.C. OW (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Virginia , which operates under the legal name of Quality Enterprises USA, Inc. , and the full names of its officers are as follows: President_ Howard J. Murrell Secretary Stacey L. Murrell Treasurer Manager. �- _ ., • not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an Individual whose full name is' , and if operating under a trade name, said trade name is RB 125840 LASIP Packet Page -1044- 24 9/11/2012 Item 11.C. Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from previous page. DATED 8/9/12 STATE OF Florida COUNTY OF Collier Quality Enterprises USA, Inc. legal entity BY: Louis J. Gaudio Name of Bidder (Typed) gnature Vice President Title 3894 Mannix Drive, Suite 216 Naples, Florida 34114 -5406 Incorporated in the State of Virginia The foregoing instrument was acknowledged before me this a,-h day of August , 20 12 , by Louis J. Gaudio , as Vice President of Quality Enterprises USA, Inc. -,a Virginia corporation, on behalf of the corporation. He /she is personally known to me or has produced NSA '— as identification and did (did not) take an oath. My Commission Expires: 2/11/14 ��" na M L CCh' EN _,� MY COMiN18SI0N! DD 84056f EXPIRES: FebruW 11, 2014 sawed TNu Newry Pu UWW#hW (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: Marcie L. Cohen (Legibly Printed) Notary Public,. State of Florida Commission No.: DD 940581 ITS 12 -5940 LASIP 25 Packet Page -1045- 9/11/2012 Item 11.C. BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Quality enterprises USA, Inc. (herein after called the Principal).and rav rs and Surety Company of America (herein called the Surety), ik corporation chartered and existing under the laws of the State of Connectict u with Its principal offices In the city of key +CT and authorized to do business In the State of. Modda are held and firmly bound unto the Board of County Commissioners, Collier County, Florida ' (hereinafter called the Owner), In the full and Just sum of Flv«poresrt • of- Amount-Bid— dollars ($ s%- *f-wd-- ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves; their heirs, and executors, administrators, and assigns, Jointly and severally and firmly by these presents: Whereas, the Principal Is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, Install, and fully complete the Work on the Project known as LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements Bid No. 12 -5940. NOW; THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter Into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds In an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the.prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of Insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ s °.6- or-wd— noted above as liquidated damages,. and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain In full force and effect. ' IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duty signed and sealed this 9th day of August , 2012. aaan rInJ$SA, In Principal BY (Seal) Murrell, eresident Tra siers Casualty and Surety Company of America Surety Tammy A. Countersigned Local Resident Producirv(AaeA for Travelers Casualty and Surety Company of America: )T9 v -8@40 LAsip Packet Page -1046- (Seal) 170 29 9/11/2012 Item 11.C. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following Items as the necessary action Is completed: 1. The Bid has been signed. 2. The Bid prices offered Have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery Information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed and the company's E- Verify profile page or memorandum of understanding 8. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 9. if required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The mailing envelope must be sealed and marked with: aBid Number; <*Project Name; *Opening Date. 13. 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. ALL COURIER- DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Quality Enterprises USA, Inc. Bidder Name Signature & Title Louis J. Gaudio, Vice President ITS 12 -5940 LASIP 27 Packet Page -1047- 9/11/2012 Item 11.C. WAKNIMI: THIS POWER OF ATTORNEY IS INVALID WITHOUT THEAED BORDER TRAVELS RS J~ Pow OF ATTORNEY Farmington Casualty Company SFr Pond Mercury Inmrancee Company ., Fidelity and Guaranty Insurance Company Travelers Casualty and Suety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marius Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Atterney.In Fact No. 220571 Certificate No. 004905849 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations drily organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwrites, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies" }, and that the Companies do bemby make, constitute and appoint Mark C. Bundy, William E. Crawley, Tammy A. Ward, and Terri Strawhand Of the City of yi *.groin BeaCh State of Virgjnia their true and lawful Attorneys) -in -Pact. each In their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizancoa, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of.guarantceing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and tmdertakings required or petmitled in any actions or-proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this mstrunica to be signed sad rhea corporide seals to be hereto affixed, this day of June 2012 ; Farmington Casualty Cottup ay ; SL Paul Mercury Insurance Company Fidelity and Guaraatr3asurancti.Conipauy Fidelity and Guaranty insuNanee Underwriters, Inc. St Paul Flre and Marine Insurance Company SL Paul Guardian Insnramx Company 7th Travelers Casualty and Surety Company 'travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ,'�,.,os � � iQ3t �.saaL�a^ i�,s'a'=•�ri�c ��' �..,/ t a �> . .a� r►M �.` . a� I' > Z4 • rM•� ��`�"_1T sy,+ ' F,Fa � s a� nNOr State of Connecticut City of Hartford ms. On this the 7th day of Julie 2012 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, lno., St. Paul Fire end Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, 'Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that be, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a drily authorized offices. In Witness Whereof, l hereunto set my hand and official seat. 58440- 6- 11Prinied in U.S.A. Packet Page -1048- 9/11/2012 Item 11.C. POWER OF ATTORNEY 1S INVALID WITHOUT THE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chaianan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Via President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or say Assistant Secretary may appoint Attorneys -ia -Fact and Agents to act for and on behalf of the Company and may give such appointor such authority as his or her certificate of authority may prescribe to sign with the Company's "acne and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed In the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, =' ognizance, or conditional undertaking &hall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact andAgeats pursuant to the power prescribed in his or her certificate or their cartif catrs of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice Presiden4 any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writing& obligatory in the nature thereof, and any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc„ St. Paul Hire and Marine Insurance Company, St. Paul Guardian •Insup= Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty end Surety Company of America, and UnitCJt } s Fi and Gttifr my Company do hereby ca tify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Cam i&,o Fh pati, ", w'hi is ii-fn[1 force�antf effect and has not been revoked „Yry IN TESTIMONY WHEREOF, I have hereunto set my hand and, pfix4d tho,.Qs of saitkivompar»es this day of __, 20 Q1 CS\ P -77 vin B. Hughes, Assistant Seciftery ro.II�ArI ��, c� o�iMrp� ,p!,,:"•'_wA ,.r..yb� y�,III.ygr firr.l,� . e 'r ylis o 3 N�'�gOpra T •+^,� ,p �(f��'°°&lox„ � _!�� ^ � �� 7 � �$t"�� d . M �t N[r• d!S . i1r�2� ��j • „'•1�,' %it � M +� q To verify the authenticity of this Power of Attorney, call I -BOD- 421 -3880 or contact as at www.tmveaexsbond.com. Please refer to the Anorney- InFact number, the above -named individuals and the details of the bond to which the power is attached. Packet Page -1049- 9/11/2012 Item 11.C. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner") hereby contracts with Quality Enterprises USA, Inc. ( "Contractor") of 3894 Mannix Drive, Suite 216, Naples, FL 34114 -5406, a corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements, Bid No. 12 -5940 ( "Project'), as said Work is set forth in the Plans and Specifications prepared by Atkins, the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract ;., Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies,'utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: TWO MILLION THREE HUNDRED EIGHTY FIVE THOUSAND EIGHT HUNDRED TWENTY DOLLARS AND FORTY TWO CENTS ($2,385,820.42) ITB 12 -5940 LASIP 28 Packet Page -1050- 9/11/2012 Item 11.C. Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms. treas .qov /c570 /c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section S. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within two hundred and ten (210) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within sixty (60) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specked above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be m3 12 -5940 LASIP 29 Packet Page -1051- 9/11/2012 Item 11.C. entitled to assess, as liquidated damages, but not as a penalty, two thousand three hundred and seventy four dollars ($2,374.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. ITB 12 -5940 LASfP 30 Packet Page -1052- 9/11/2012 Item 11.C. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Atkins and identified as follows: LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements as shown on Plan Sheets. Exhibit N: Contractor's List of Key Personnel ITB 12 -5940 LASIPbUS41 Ditch and Naples Manor Ditch Stormwater Improvements Terms and Conditions and Addenda Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Margaret Bishop, Project Manager Transportation Engineering 2885 S. Horseshoe Drive Naples, FL 34104 (239) 252 -5857 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Quality Enterprises USA, Inc. 3894 Mannix Drive, Suite 216, Naples, FL 34116 -5406 ITB 12 -5940 LASIP 31 Packet Page -1053- 9/11/2012 Item 11.C. 2391435 -7200 Telephone, 239/435 -7202 Fax Lou Gaudio, Vice President C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Aareement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered ITB 12 -5940 LASIP 32 Packet Page -1054- 9/11/2012 Item 11.C. into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. ITB 12 -5940 LASIP 33 Packet Page -1055- 9/11/2012 Item 11.C. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNESS Type /Print Name SECOND WITNESS Type /Print Name Date: ATTEST: Dwight E. Brock, Clerk BY: Approved As To Form and Legal Sufficiency: Print Name: Deputy County Attorney ITB 12 -5940 LASIP 0 CONTRACTOR: Quality Enterprises USA, Inc. Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Fred W. Coyle, Chairman Packet Page -1056- 34 9/11/2012 Item 11.C. EXHIBIT A 1: PUBLIC PAYMENT BOND LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements Bond No. Contract No. 12 -5940 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. ITB 12 -5940 IASIP Packet Page -1057- 35 Signed, sealed and delivered in the presence of: Witnesses as to Principal BY: NAME: ITS: PRINCIPAL 9/11/2012 Item 11.C. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety IT6 12 -5940 LASIP (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) I Packet Page -1058- 36 MW Witnesses 9/11/2012 Item 11.C. As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 , by as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ITB 12 -5940 LASIP (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Packet Page -1059- 37 9/11/2012 Item 11.C. EXHIBIT A 2: PUBLIC PERFORMANCE BOND LASIP US 41 Ditch and Naples Manor Ditch Stormwater Improvements Bond No. Contract No. 12-5940 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) 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 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. iTS 12 -5940 LASIP 38 Packet Page -1060- 9/11/2012 Item 11.C. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL BY: NAME: ITS: The foregoing instrument was acknowledged before me this day of 20 by as of a personally known to My Commission Expires: (AFFIX OFFICIAL SEAL) ITB 12 -5940 LASIP _ corporation, on behalf of the corporation. He /she is me OR has produced _ as identification and did (did not) take an oath. (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Packet Page - 1061 39 ATTEST: Witnesses as to Surety Witnesses STATE OF COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) 9/11/2012 Item 11.C. The foregoing instrument was acknowledged before me this day of 20 by , as of , a Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. . My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: ITS 12 -5940 LASIP 40 Packet Page -1062- 9/11/2012 Item 11.C. EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self - insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be Vendor's sole responsibility. ITB 12 -5940 LASIP Packet Page -1063- 41 9/11/2012 Item 11.C. Coverageis , shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specked in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall - immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverageLssl required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coveragew purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. ITB 12 -5940 LASIP 42 Packet Page -1064- 9/11/2012 Item 11.C. Collier County Florida ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. ❑ Pollution $ Per Occurrence $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence rrB 12 -5940 LASIP Packet Page -1065- 43 Insurance and Bonding Requirements 1. 9 Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor / Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non -owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. ❑ Pollution $ Per Occurrence $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence rrB 12 -5940 LASIP Packet Page -1065- 43 9/11/2012 Item 11.C. 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost bome by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Date Agent Name Telephone Number r B 12 -5940 LASIP Packet Page -1066- 44 9/11/2012 Item 11.C. EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor") releases and waives for itself and Ws 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 20 for the period from to . excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final) Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of .20 by , as of , a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ITB 12 -5940 LASIP (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: Packet Page -1067- _ 45 9/11/2012 Item 11.C. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. _ Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru(insert date] $ Retainage @ r% after [insert date] $ _ Percent Work completed to Date: % Percent Contract Time completed to Date % Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractors Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager. (Signature) DATE: (Type Name and Title) r rB 12 -5940 LASIP . 46 Packet Page -1068- 9/11/2012 Item 11.C. » % � % k .. \ : Packet Page -1069- �2� LU � § s■ w � ■§� §� ui jk � 5k �B � $a G � �2 §5 \� LO � ® m§ 22 �m �\ uj � �2 ¥� Ea CL§ a% W �� <w It � 2/ )000 00 )k �� f/ ® \� � r /] � )� .$o o e z �D \ ƒtr a0. c w — % 2§ ) Gk U. (� CL w 0 ez �2 ■ D �j oc da: �� a� ƒf @ kk k§ )� 77 k _22 > $L a,! ■§3 \ « e z ° @§j EI$— - 0 « LU 0 0 �y= v 0- 2. & K $ �z w .. . ' » % � % k .. \ : Packet Page -1069- w n 0 U Q id 75 E 0 ILL a `o m Q: w R A a O N N 3 C C O U_ O x w 9/11/2012 Item 11.C. Co LL g �i to Packet Page -1070- 0 H w m R WE 00 a s o m c ova c = h- �' a m U 0 > w 0- _ a— a m o > m 'm a 0 CD 2% a > > Q o m m m m� v m .a O cZ m CL N c O V O 9/11/2012 Item 11.C. Co LL g �i to Packet Page -1070- 9/11/2012 Item 11.C. EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No.: Change Order No.: Date: Change Order Description Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Date: Prepared by: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center. Object Code: Project Number: ) ITB 12 -5940 LASIP Packet Page - 1071 - 49 9/11/2012 Item 11.C. Packet Page -1072- EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Design Professional's Project No. 9/11/2012 Item 11.C. Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state In the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 51 ITB 12 -5940 LASIP . Packet Page -1073- 9/11/2012 Item 11.C. RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 120 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 120 OWNER By: Type Name and Title ITB 12 -5940 LASIP Packet Page -1074- 52 9/11/2012 Item 11.C. EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO ITB 12 -5940 IASIP Packet Page -1075- 53 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner. 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) ITB 12 -5940 IASIP Packet Page -1075- 53 9/11/2012 Item 11.C. EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager, said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at IITB 12 -5940 LASIP 54 Packet Page -1076- 9/11/2012 Item 11.C. the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 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 ITB 12 -5948 LASIP 1 55 Packet Page -1077- 9/11/2012 Item 11.C. schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of. the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Contractor shall submit all Applications for Payment to County Project Manager and /or delegate. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on rrB 12 -5940 LASIP 56 Packet Page -1078- 9/11/2012 Item 11.C. the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078, The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current 57 rrB 12 -5940 LASIP Packet Page -1079- 9/11/2012 Item 11.C. Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application. for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 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. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of °lachesn as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISAIMASTER card credit network as a payment vehicle for goods and /or services purchased as a part of this contract. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) ITS 12 -5940 LASIP 58 Packet Page -1080- 9/11/2012 Item 11.C. unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between' Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have fumished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and.the installation thereof. ITS 12 -5940 LASIP 59 Packet Page -1081- 9/11/2012 Item 11.C. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed. substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project rrB 12 -5940 IASIP 60 Packet Page - 1082 - 9/11/2012 Item 11.C. 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- BUILTS 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. 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 ITB 12- 5940 LASIP 61 Packet Page -1083- 9/11/2012 Item 11.C. Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these As -Built record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be 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 62 ITB 12 -5940 LASIP Packet Page -1084- 9/11/2012 Item 11.C. Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed. by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material -costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen ITB 12 -5940 LASIP Packet Page -1085- 63 9/11/2012 Item 11.C. percent (15 %). All compensation due Contractor and any Subcontractor or sub- subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall procee d Owner, regardless of any pending unless otherwise agreed to by the payments in accordance with the Claim. 12. OTHER WORK. diligently with its performance as directed by the Claim, action, suit or administrative proceeding, Owner in writing. Owner shall continue to make Contract Documents during the pendency of any 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, ITS 12 -5940 LASIP 64 Packet Page -1086- 9/11/2012 Item 11.C. 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 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any parry and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party ITB 12 -5940 IASIP 65 Packet Page -1087- 9/11/2012 Item 11.C. for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and cant', at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et §gc L and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners 56 ITB 12 -5940 LASIP Packet Page -1088- 9/11/2012 Item 11.C. Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: h=: / /www.dhs.gov/E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg; and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shalt not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner.. rrB 12 -5940 LASIP 67 Packet Page -1089- 9/11/2012 Item 11.C. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an, internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is rrB 12 -5940 LASIP 68 Packet Page -1090- 9/11/2012 Item 11.C. 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 therefore or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. rB 12 -5940 LASIP 69 r Packet Page -1091- 9/11/2012 Item 11.C. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6). months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. ITS 12.5940 LASIP 70 Packet Page -1092- 9/11/2012 Item 11.C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or matedalmen 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 Wont is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide rrB 12 -5940 LASIP 71 Packet Page -1093- 9/11/2012 Item 11.C. proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project. Manager, Contractor shall as directed, either corrects all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. ITB 12 -5940 LASIP 72 Packet Page -1094- 9/11/2012 Item 11.C. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Worts in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design ITB 12 -5940 LASIP 73 Packet Page -1095- 9/11/2012 Item 11.C. Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. . 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one 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. ITB 12 -5940 IASIP 74 Packet Page -1096- 9/11/2012 Item 11.0 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails 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; ITB 12 -5940 LAS1P 75 Packet Page -1097- 9/11/2012 Item 11.C. 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work.is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; ITB 12 -5940 LASIP 76 Packet Page -1098- 9/11/2012 Item 11.C. 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre - construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre - construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. ITB 12 -5940 LASIP 77 Packet Page -1099- 9/11/2012 Item 11.C. 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. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor m3 12 -5940 LASIP 78 Packet Page -1100- 9/11/2012 Item 11.C. any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 in addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and ITB 12 -5940 LASIP 79 Packet Page -1101- 9/11/2012 Item 11.C. purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. ITB 12 -5940 LASIP 80 Packet Page -1102- 9/11/2012 Item 11.C. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner,. and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test. Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built' Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMTS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. ITB 12 -5940 LASIP Packet Page -1103- 81 9/11/2012 Item 11.C. ,, 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND /UNDERGROUND TANKS. An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the `County prior to installation or closure of the tank. The Pollution Control Department (239 -252- 2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. rrB 12 -5940 LAS1P 82 Packet Page -1104- 9/11/2012 Item 11.C. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty -eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor /project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well- groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ITB 12 -5940 LASIP 83 Packet Page -1105- 9/11/2012 Item 11.C. EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http: / /bid.coiliergov.nettbid/ IMPORTANT NOTICE TO BIDDERS: As of the date of this advertisement, most BUT NOT ALL of the easements required for construction of the proposed improvements has been acquired. Title and possession of all of the easements required to construct the proposed improvements will not vest with the County until October 18, 2012. Consequently, Collier County will NOT provide the successful bidder with Notice to Proceed with construction activities until after October 18, 2012. I. BASIC STORMWATER MANAGEMENT SUPPLEMENTAL TERMS & CONDITIONS ACCESS OR STAGING TO PROJECT WORK AREA Access to the work site may be limited responsibility to inspect the work site prior there will be no ingress and egress issues. or restricted. It will be the Contractor's to submission of the Bid/Quote to ensure In addition, should access or an offsite staging area be necessary other than indicated on the plans, the Contractor must be granted and the fee owner must provide written authorization. A copy of the authorization letter must be provided to the Project Manager for the Project file. Any and all related costs to gain access to or for staging purposes for the work site shall be included in the Bid/Quote. AS- GUILTS /RECORD DRAWINGS The Project's Design Professional and his Florida Registered Professional Surveyor and Mapper (P.S.M.) are responsible for the Project's As- Built/Record Drawings unless otherwise specified within the Technical Plans and Specifications. Prior to construction commencement, the Contractor shall meet with the Design Professional and his P.S.M. to determine the Project's critical points to the final As- Builts. The Contractor shall also coordinate with the Design Professional and his P.S.M. to facilitate measurement at those critical Project points. ITB 12 -5940 LASIP 84 Packet Page -1106- 9/11/2012 Item 11.C. The Contractor's Final Payment shall be withheld pending the Design Professional and his P.S.M. Certification of the contracted improvements is per design. During the progress of the work the Contractor shall keep and maintain one (1) "Approved for Construction" copy of all project plans, drawings, specifications, and any addenda, written amendments, change orders, work directives orders, supplemental agreements and other written interpretations and clarifications. It is suggested that there be an "Approved for Construction Ghosted Plan Set" for the Contractor's use. The Contractor shall also note to show updated construction deviations annotated in red line as well as any approved design changes authorized by the Design Professional. All deviations shall be initialed and dated by the Contractor. All survey information depicted on the As -Built Drawings shall be collected under the direct supervision of the P.S.M. in accordance with Florida Statute Chapters 177 and 472 and Chapter 61 G -17 of the Florida Administrative Code. ACCIDENTS OR THEFTS The Contractor shall be responsible to contact the Project Manager to report any accidents or thefts involving or occurring within the work site. Should they occur the Contractor at no additional cost, should photograph the damage or loss and provide the dated photograph to the Project Manager. CLAIMS All Claims by the Contractor shall be in a written format (not e-mail) 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. All supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence. The Contractor shall comply with the Collier County Alternative Dispute Resolution Procedures. CONSTRUCTION PROGRESS PHOTOGRAPHS It is the Contractor's responsibility to provide construction progress photographs that help visualize the worksite conditions. Photographs shall be taken prior to construction commencement, during and after all milestones and construction steps. These pictures must be in digital format, date stamped, 3 Mega pixels minimum resolution, in color, and submitted once a week on Wednesday via e-mail or recorded on a CD to the Transportation Engineering Department to the attention of the Project Manager. CONTRACTOR'S EMPLOYEES ITB 12 -5940 LASIP 85 Packet Page -1107- 9/11/2012 Item 11.C. Employees of the Contractor or its Subcontractors shall be properly uniformed and provide a neat appearance. All employees of the Contractor or Subcontractor shall be considered to be at all times the soie employees of the Contractor under his sole direction and not an employee or agent of Collier County. The Contractor shall supply competent and physically capable employees. Collier County will require the Contractor to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable, and whose continued work in the Project's construction services is not in the best interest of the County. CONTRACTOR'S MEETING ATTENDANCE During the Contract the Contractor shall be required to hold biweekly progress meetings unless otherwise specified by the Project Manager. The Contractor is responsible to record notes and type minutes of the progress meeting and also attend other special meetings that the Project Manager should require. GENERAL DEFINITIONS As- Built/Record Survey — A survey preformed to obtain horizontal or vertical dimensional data so that constructed improvements may be located and delineated. Construction Documentation — Noting /Recording of all deviations from the "For Construction Drawings and Specifications. All deviations shall be initialed and dated by the Contractor. Shall or Must — These terms, when used are defined as meaning mandatory. GENERAL SITE CONDITIONS CARE Due care shall be taken of all existing landscaping. The Contractor may be required to perform necessary site pruning on any existing plant's foliage which will interfere with the equipment or work area to limit total removal and /or replacement of the landscape material. The Contractor shall be responsible for replacement at the Contractor's costs unless otherwise approved by the Project Manager. DAILY LOGS The Contractor shall complete and submit to the Project Manager on a weekly basis a Daily Log documenting the Contractor's activities at the Project site such as: 1. Soil or weather conditions which adversely affect the work; 2. Daily job site hours of operation; 3. Number of Contractor's and Sub - Contractor's personnel present and working at the project site; 4. Equipment on the project site; ITB 12 -5940 LASIP Packet Page -1108- ss 9/11/2012 Item 11.C. 5. Work description being preformed; 6. Materials received; 7. List of visitors; 8. Any problems that might impact either the cost or quality of the work or the time of performance. INVOICING Upon execution of the Contract and completion of each month's work, the Contractor's Payment Application request along with a Release and Affidavit should be submitted to the Design Professional for review, date stamping, and approval. Upon their approval, the request would be forwarded to the Project Manager for processing. All invoices shall reference the Purchase Order Number and Project Name. After review and approval by the Project Manager, the invoice and all back -up materials will be transmitted to the Finance Department for payment. Payment will be made upon receipt of a proper invoicing and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements. EXCAVATION The Contractor is directed to be aware of the potential for shallow rock within the project area for all excavation. Any rock encountered during excavation will be incidental to the project and is included in the cost of regular excavation. LANDSCAPING. IRRIGATION SYSTEMS AND MAIL BOXES Improved landscape areas containing landscaping, irrigation systems and mailboxes shall be noted and maintained wherever possible. If removed or destroyed during the accomplishment of the work, the Contractor shall replace or restore to the original condition or better as part of Project completion. The cost of these items shall be considered incidental to the Project unless discussed and addressed with the Project Manager prior to Project commencement. LANE OR STREET CLOSURE A lane closure for construction shall be limited. Upon proper placement of lane closed signs, pre- warning signs, arrow. boards, traffic cones etc., the lane maybe restricted from traffic only during non -peak traffic periods 9:01 A.M. - 3:29 P.M., Monday through Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the Project Manager. ITB 12 -5940 LASIP 87 Packet Page -1109- 9/11/2012 Item 11.C. Street closure shall be approved through the Project Manager. When approved the Contractor must notify the respective Law Enforcement Agency, District Fire Department, Emergency Medical Services, and the County Transportation Road Alert Section prior to closure. Lane and street closures shall be indicated on the Daily/Weekly Work Logs which are provided to the Project Manager. METHOD OF AWARD The general criteria that will be used for the evaluation of this Bid is set forth in the General Bid requirements along with the responses as stated on the Bid Response Pages. Award of Bid shall be made to the lowest, qualified and responsive Bidder. The Collier County Board of County Commissioners shall be the final judging authority as to which Bid best suits its needs and the interest of Collier County. Bidder should include in bid package the following documents: 1. Provide copy of their Contractor's License to Collier County with bid response. 2. Provide copy of the Contractor's Insurance Requirements Form and provide Insurance Certificate upon notification of award and prior to issuance of the NTP for: a. Worker's Compensation and Employers' Liability b. Commercial General Liability c. Business Automobile Liability 3. Provide a list of all Subcontractors to be used on the Project site. Should the Project work involve traffic signals and or pedestrian crossing signals a copy of the Contract of the Signal Company hired and the Certification of the Level II I.M.S.A. Tech or better who will be accessing the Signal Box must be included. 4. Provide proof of M.O.T. Certification and the name, IRS W-4 form of the Bidder Contractor's employee qualifier or a copy of the Contract/Agreement and Certifications of the Company who will be providing the M.O.T. for the Project to be engaged by the Bidder Contractor. n MISCELLANEOUS RESPONSIBILITIES 1. The Contractor's hal I make every effort to protect existing facilities. 2. It shall be the Contractor's responsibility to notify in writing the Project Manager of any construction problems or additional construction needs. 88 ITB 12.5940 LASIP Packet Page -1110- 9/11/2012 Item 11.C. Ll 3. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed upon, a Change Order to the Work Order completed by the Contractor and Project Manager prior to performing additional services. 4. The Contractor shall communicate frequently with the Project Manager and provide a working schedule after the Notice To Proceed has been issued. The written schedule is required to be kept current with the progress of the work. Should the schedule be changed, it shall be immediately up- dated. 5. The Contractor shall provide all materials, labor, equipment, mobilization /demobilization, any other necessary effort, element and /or component(s) needed to complete the work in its entirety per plans and at the Total Bid prices submitted. NON - PERFORMANCE In the event the Contractor fails to perform any required services within the time schedules set forth under this Contract, the County reserves the right to obtain substitute performance. Further the County reserves the right to deduct the cost of such performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager in writing, prior to any delays or as a result of an Act of Nature. PRECONSTRUCTION VIDEO It shall be the Contractor's responsibility to provide a preconstruction video tape in DVD format documenting the condition of the Project area prior to commencement of any work. This video tape should capture pre - project conditions of all private property adjacent to the proposed project area and public property in the r/w with the intent to document all existing conditions for use in resolving any post - project private or public property alleged damage claims. The video is to be submitted to the Project Manager prior to construction commencement for the Project file at no additional costs. PROJECT LAYOUT REQUIREMENTS The Contractor shall be responsible to install the work in accordance with the "Approved For Construction Plans and Specifications ". Project layout is the Contractor's responsibility. The Design Professional's Florida Registered Professional Surveyor and Mapper (P.S.M.) shall establish survey control and the location of any /all existing boundary monumentation to facilitate its replacement if damaged. The Contractor shall make every effort to preserve stakes/laths, monuments, bench marks, and other control points. A Florida Registered P.S.M. is responsible for the replacement of any & all survey control or boundary corners damaged or destroyed during construction at the Contractor's expense. ITS 12 -5940 LASIP Packet Page -1111- 89 9/11/2012 Item 11.C. PROJECT SCHEDULE AND TIME PERIOD The Contractor shall prepare and submit to the Project Manager the Project's schedule prior to the "Notice to Proceed ". The schedule of the work's progress shall be updated monthly and provided to the Project Manager. Microsoft Project Format is recommended. The Project shall commence upon receipt of a "Notice to Proceed" letter from the Project Manager and will remain in effect until Final Completion and submission of all the Project closeout documents. Notification of Substantial Completion, Final Completion, and any Claims shall be done in written letter format. Electronic transmission via E -mail is not an acceptable notification form. Should the Contractor see that additional days will be required a Change Order or a Change Order to the Work Order shall be approved. QUANTITIES Indicated in Bid/Quote Schedule are expected quantities and are for the purpose of Bid/Quote submission. The County reserves the right to adjust such quantities as may be required by the Design Professional during the Contract. RESPONSE TIMES On a twenty -four (24) hour basis, the Contractor may be required to travel to the site immediately to meet with the Project Manager, law enforcement or emergency personnel to resolve an emergency. The Contractor shall respond to a telephone, beeper, or radio call within one (1) hour. There shall be no additional charge for these responses. SANITARY FACILITIES The Contractor shall provide and have serviced portable toilet(s) within the work site area limits as approved by the Project Manager. Each toilet shall be located no further apart within the work area than one - quarter (1/4) mile. SITE MAINTENANCE The work site areas shall be kept clean and neatly maintained during the progression of the work. Any debris on the roadway shall be swept daily or as directed by the Project Manager. The disposal of all debris and construction litter must be at a proper landfill or disposal site. All disposal fees, tipping or charges are to be included in the Bid/Quote Schedule Price. ITB 12 -5940 IASIP Packet Page -1112- 90 9/11/2012 Item 11.C. Upon completion, the remainder of site's construction and leftover materials are to be collected, hauled away, and disposed of by the Contractor leaving the work site in a restored order. TRAFFIC CONTROL Maintenance of Traffic is solely the responsibility of the Contractor and is to be placed prior to construction. Should the Contractor not place and /or properly maintained the Maintenance of Traffic (M.O.T.) the Project Manager will require the Project work to cease until the proper M.O.T. has been placed and /or maintained. The Contractor shall comply with the requirements of Collier County's Maintenance of Traffic (M.O.T.) Policy copies of which are available through the Risk Management or Purchasing Department. The Contractor shall obtain and review the Collier County M.O.T. Policy Requirements prior to submitting a Bid /Quote. The Contractor will be responsible for obtaining copies of all required manuals, M.U.T.C.D., F.D.O.T. Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the M.O.T. Policy will be enforced under the Contract. High - visibility clothing or vests with retro - reflectorized striping shall be worn at all times by all employees working within Collier County Rights -of -Way (See exception below). This includes personnel that may visit the "work zone" temporarily, such as management and /or vendors. A.N.S.I.B.S.E.A. 107 -2004 or the most current edition, Class 2 or Class 3 garments are required for daytime use. A Class 3 garment is mandatory for use by flagging personnel during any hours of darkness, including during inclement weather situations, where conditions may create hours of darkness during normal daylight conditions. Exception: When other industry apparel safety standards require workers to wear apparel that is inconsistent with Federal, State or county 'requirements such as N.F.P.A., O.S.H.A., A.N.S.I., etc., the other standards may prevail. However, apparel must still meet high visibility color requirements of fluorescent lime -green or fluorescent orange only and must be maintained in good condition and replaced as necessary. Ex. Utility workers exposed to high voltage electricity may choose not to wear vests or clothing with retro - reflective striping as long as the color requirements listed above are met. Directional lighted and flashing arrow board may be required. See attached "Maintenance of Traffic Procedure" dated 02 -23 -06 B. Contractor Requirements (Extemal) UNIT PRICES ITB 12 -5940 LASIP Packet Page -1113- 91 9/11/2012 Item 11.C. Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be made for work performed in any task. The Contractors shall include cost of work to be performed under the task in the pay items of which this work is a component. UTILITY CONFLICTS Utility locates shall be conducted prior to commencement of work.. Soft digging, pot holing and /or any commonly approved method at the Contractor's discretion may be used to locate existing utilities. The construction plans reflect the location of existing utilities from the most reliable information available to the Design Professional. This information is not guaranteed, therefore, the Contractor shall field verify the location of all utilities. The Contractor is required to conduct all necessary research and field exploration(s) to properly identify, locate and resolve any utility conflict(s) not shown in the construction plans. In the event that utility conflict(s) arise, the Contractor will be principally responsible for coordinating with the pertinent utility company /companies in order to resolve such conflict(s). Any and all costs associated with utility conflict(s) would be incidental and should be included in the pricing provided in the Bid Schedule. The Project Manager may make exceptions pending justifications by the Contractor. 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. II. STORMWATER MANAGEMENT PROJECT SPECIFIC CONDITIONS There are certain items which are being brought to the Bidder's attention. They are: The Project's construction is required to take no more than two hundred seventy (270) calendar days from the date of the "Notice to Proceed ". The work must be Substantially Complete two hundred forty — (240) days from the "Notice to Proceed ", leaving the fifteen - (30) days to address Punch -List Items. • Photos of existing conditions are enclosed. All excess fill material is to be hauled and disposed of by the Contractor at no additional Project costs. ITB 12 -5940 LASIP 92 Packet Page -1114- 9/11/2012 Item 11.C. • Replacing materials shown on the attached construction plan with an equivalent material will require prior authorization in writing from the Design Professional and the Project Manager. • This Project is activated by a Notice to Proceed (NTP) letter from the Project Manager. • This Project will require a Performance and /or Payment Bond and it shall be submitted prior to commencement. Costs for the Bond and other insurances are incidental to this Project. • Required Construction Project Signage. In order to keep the public informed regarding this Stormwater Management project, upon issuance of a Notice to Proceed, the Contractor shall be required to provide one (1) Construction Project Sign to be placed on within Eastwood Drive r/w at the beginning of the project on 4 "x 4" white painted support posts which contain, at a minimum, the following information: On the left one quarter (1/4) side of the sign shall contain — The latest Collier County Logo Collier County Board of County Commissioners noted heading and below, their Names with Districts Donna Fiala — District 1 Georgia A. Hiller, Esq. — District 2 Tom Henning — District 3 Fred Coyle — District 4 Jim Coietta — District 5 Speck Note: "Your Tax Dollars At Work" Color: English Ivy Green Glossy Back Ground with White Letters Border: Black Glossy On the right three quarters (314) side of the sign — Name of Project: LASIP Section 17/18 US 41 Naples Manor Ditch Design Project Design Professional: Atkins North America, Inc. Project Contractor: Project Management: Stormwater Management Dept. Project Completion Date: 2013 Contact For Project Information: Margaret Bishop, P.E., Project Manager (239) 252.8192 Color: White Back Ground with English Ivy Green Letters Border: Black Glossy The size of the sign shall be four feet (4') high by eight feet (8') wide unless otherwise requested by the County. The sign shall be in conformance with the Collier County Land Development Code and in a format approved by the County. 93 ITS 12 -5940 LASIP Packet Page -1115- 9/11/2012 Item 11.C. The standard construction sign format is available upon request from the County Project Manager, The Project Manager shall be provided a proof of .the sign format for approval prior to sign construction. Price -and payment for the site's Project Signs will be full compensation for furnishing and installation of all materials necessary to complete the Construction Project Signs, including initially erecting or placing and final removal. This shall include, but not be limited to: sign panels complete with sheeting, painting, and message; sign posts and supports, footings, excavation, etc.; and all other work specified in this Section, including all incidentals necessary for the complete item. The County has used Lykins Signteck, 5935 Taylor Road, Naples, FL., 34109, for other Project signage. The contact number is 594 -8494. Asbestos Cement (AC) Pipe may be present on the job site and will require special attention and handling. Coordination by the Contractor or his subcontractor approved to handle AC materials is required with the DEP for proper removal, transport, and disposal of the asbestos cement pipe segment at an approved hazardous waste disposal site. PERMITS AND STORMWATER POLLUTION PREVENTION PLAN Permits The following permit(s) for the Project have already been obtained by Collier County or are the Contractors responsibility to obtain, as noted below. Copies of the all permits obtained by Collier County are attached. It is the Contractor's responsibility to read and understand all permit(s) and permit conditions. • South Florida Water Management District (SFWMD) Environmental Resource Standard General Permit No. 11- 01140 -S • FDOT Drainage Connection Permit Application Alo. 10-D -197 -0003 • South Florida Water Management District (SFWMD) Water Use Dewatering Permit No: To Be Provided Permit(s) and/or Forms which may be applicable to a Stormwater proiect: Any applicable permit(s), forms, and associated instructions listed in the section below shall be the responsibility of the Contractor, unless otherwise specified in the section above. 1. Notice of Intent to Use the Generic Permit for Stormwater Discharge from Large and Small Construction Activities DEP Form 62 - 621.300(4)(b) 1TB 12 -5940 LASIP 94 Packet Page -1116- 9/11/2012 Item 11.C. The County will only provide the required sets of construction plans along with the corresponding application fee. 2. Collier County Right -of -Way Permit It is the Contractor's responsibility to prepare and submit application forms, and address any request for additional information from the Transportation Services Division RAN Permitting as needed. The Contractor is also responsible for preparing and submitting the Maintenance of Traffic (M.O.T.) Plan for review and approval by the Transportation Services Division RNV Permitting Section. The County will only provide the required sets of construction plans along with the corresponding application fee. 3. National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General Permit N.P.D.E.S. Description Unless otherwise noted, N.P.D.E.S. requirements applies and requires documentation to be prepared and signed by the Contractor before conducting construction operations /activities impacting more than one (1) acre, in accordance with the terms and conditions of the National Pollutant Discharge Elimination System (N.P.D.E.S.) Stormwater Permit, as required by Florida Administrative Code (F.A.C.) Chapter 62 - 621. The Contractor shall be for responsible for implementation, maintenance, and inspection of stormwater pollution prevention control measures in accordance with F.A.C. Chapter 62 - 621 including, but not limited to, erosion and sediment control, stormwater management plans, waste collection and disposal, off -site vehicle tracking, and other practices shown on the Drawings and /or specified elsewhere in this or other specifications. The stormwater pollution prevention control measures shall include protection of offsite public and private storm sewer facilities potentially impacted during construction. stormwater facilities include streets, inlets, pipes, ditches, swales, canals, culverts, control structures, and detention /retention areas. The Contractor shall prepare and review implementation of the Stormwater Pollution Prevention Plan (S.W.P.P.P.) in a meeting with the County prior to start of construction. Notice Of Intent (N.O.I.) ITB 12 -5940 LASIP 95 Packet Page -1117- 9/11/2012 Item 11.C. Unless otherwise noted, the Contractor shall fill out, sign, and date a Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, (F.D.E.P. Form 62 - 621.300(4)(b)). Submit the signed copy of the N.O.I. to the County. The County will submit the completed form to the F.D.E.P. along with the required permit fee and a copy of the form to Collier County Engineering Services Department. Certification Requirements On the attached "Operator's Information Form ", fill out the name, address, and telephone number for the Contractor, persons or firms responsible for maintenance and inspection of erosion and sediment control measures, including all Subcontractors. The Contractor and Subcontractors named in the Operator's Information form shall read, sign and date the attached Contractor's /Subcontractor's Certification form. The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign, and date the attached °Erosion Control Contractor's Inspection and Maintenance Certification Form ". Submit both forms to the County Manager or designee before beginning construction. Retention Of Records Retain a copy of the S.W.P.P.P. at the construction site and at the Contractor's office from the date that it became effective to the date of project completion. . At project closeout, submit to the County all completed "S.W.P.P.P. Inspection and Maintenance Reports" (example form attached). Records will be retained by the County Manager or designee for a period of three (3) years from the date of project completion. Required Notices The following notices shall be posted from the date that the S.W.P.P.P. goes into effect until the date of final site stabilization: 1. A copy of the submitted N.O.I. and a brief project description, as given in the S.W.P.P.P., shall be posted at the construction site and at the Contractor's office in a prominent place for public viewing. ITB 12 -5940 LASIP Packet Page -1118- 9/11/2012 Item 11.C. 2. Notice to drivers of equipment and vehicles, instructing them to stop, check and clean tires of debris and mud before driving onto traffic lanes. Post such notices at every stabilized construction exit area. 3. Post a notice of waste disposal procedures in an easily visible location on site. 4. Notice of hazardous material handling and emergency procedures shall be posted with the N.O.I. on site. Keep copies of Material Safety Data Sheets at a location on site that is known to all personnel. 5. Keep a copy of each signed certification at the construction site and at the Contractor's office. ITB 12 -5940 LASIP Packet Page -1119- 97 OPERATOR'S INFORMATION Owner's Name and Address: Contractors' Names and Addresses: General Contractor: Telephone: Site Superintendent: Telephone: Erosion Control and Maintenance Inspection: Telephone: Subcontractors' Names and Addresses: Phone: 9/11/2012 Item 11.C. Collier County Transportation Engineering Department 2885 S. Horseshoe Drive Naples, Florida 34104 239.252.8192 Phone: ITB 12 -5940 LASIP 98 Packet Page -1120- 9/11/2012 Item 11.C. CONTRACTOR'S 1 SUBCONTRACTOR'S CERTIFICATION I certify under penalty of law that I understand the terms and conditions of Florida's National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General Permit that authorizes storm water discharges associated with activity from the construction site identified as part of this certification, and that I have received a copy of the S.W.P.P.P. Signature: Name: (printed or typed) Title: Company: Address: Signature: Name: (printed or typed) Title: Company: Address: Signature: Name: (printed or typed) Title: Company: Address: rrB 12 -5940 LASIP 99 Packet Page -1121- 9/11/2012 Item 11.C. EROSION CONTROL CONTRACTOR'S INSPECTION AND MAINTENANCE CERTIFICATION I certify under penalty of law that I understand the terms and conditions of Florida's National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General Permit that authorizes storm water discharges associated with activity from the construction site identified as part of this certification, and that I have received a copy of the S.W.P.P.P. Signature: Name: (printed or typed) Title: Company: Address Date: ITB 12 -5940 LASIP Packet Page -1122- 100 Z a� Z© 0w za w w LU Z a. W 0 _Z � a �g 0z a¢ M Lu aQ w w CL cr Cn 0 to g U Cu y CL 0 5 0 9/11/2012 Item 11.C. WI lz O MM W z Z Z W zw z 0 CO a� V � ti. LLJ to w= °ws to z a Q U a Ca z ITB 12 -5940 LASIP 101 Packet Page -1123- 9/11/2012 Item 11.C. FL A NOTICE OF INTENT TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES (RULE 62- 621.300(4), F.A.C.) This Notice of Intent (NOI) form is to be completed and submitted to the Department before use of the Generic Permit for Stormwater Discharge From Large and Small Construction Activities provided in Rule 62- 621.300(4), F.A.C. The type of project or activity that qualifies for use of the generic permit, the conditions of the permit, and additional requirements to request coverage are specified in the generic permit document [DEP Document 62- 621.300(4)(a)]. The appropriate generic permit fee, as specified in Rule 624.050(4)(d), F.A.C., shall be submitted with this NOI in order to obtain permit coverage. Permit coverage will not be granted without submittal of the appropriate generic permit fee. You should familiarize yourself with the generic permit document and the attached instructions before completing this NOI form. Please print or type information in the appropriate areas below. I. IDENTIFICATION NUMBER: Project ID II. APPLICANT INFORMATION: A. Operator Name: B. Address: C. City: D. State: E. Zip Code: F. Operator Status: G. Responsible Authority: H. Phone No.: III. PROJECT;SITE LOCATION INFORMATION: A. Project Name: B. Project Address/Location: C. City: D. State: E. Zip Code: F. County: G. Latitude: Longitude: ' n it H. Is the site located on Indian lands? Yes No I. Water Management District J. Project Contact: K Phone. No.: ITB 12 -5940 LASIP Packet Page -1124- 102 9/11/2012 Item 11.C. IV. PROJECTISITE ACTIVITY INFORMATION: Address in Part 11 above Address in Part III above Other address (specify below) D. SWPPP Address: E. City: F. State: G. Zip Code: Start Date: Completion Date: V. DISCHARGE INFORMATION A. MS4 Operator Name (if applicable): B. Receiving Water Name: VI. CERTIFICATION: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signature: ITB 12 -5940 LASIP Packet Page -1125- Date Signed: 103 9/11/2012 Item 11.C. INSTRUCTIONS — DEP FORM 62- 621.300(4)(b) NOTICE OF INTENT (NOI) TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES Who Must File an NOI: Federal law at 40 CFR Part 122 prohibits the point source discharge of pollutants, including the discharge of stormwater associated with large construction activities as defined at 40 CFR 122.26(b)(14)(x) or small construction activities as defined at 40 CFR 122.26(b)(15), to waters of the United States without a National Pollutant Discharge Elimination System ( NPDES) permit. Under the State of Florida's authority to administer the NPDES stormwater program at 403.0885, F.S., operators that have stormwater discharge associated with large or small construction activities to surface waters of the State, including through a Municipal Separate Storm Sewer System (MS4), must obtain coverage either under a generic permit issued pursuant to Chapter 62 -621, F.A.C., or an individual permit issued pursuant to Chapter 62- 620, F.A.C. Where to File NOI: NOls for coverage under this generic permit must be sent to the following address: NPDES Stormwater Notices Center, MS #2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 Permit Fee: Permit fees for large and small construction activities to be covered under the generic permit are specified in Rule 62- 4.050(4) (d), F.A.C. The appropriate generic permit fee (either for large or small construction activities) must be submitted along with the completed NOI in order to obtain coverage under the generic permit. Generic permit coverage will not be granted without payment of the appropriate permit fee. The permit fee shall be paid by either check or money order made payable to: "Florida Department of Environmental Protection" Part l — Identification Number Enter the project's DEP identification number (generic permit coverage number) if known. If an ID number has not yet been assigned to this project (i.e., if this is a new project), leave this item blank. Part 11— Applicant Information Item A.: Provide the legal name of the person, firm, contractor, public organization, or other legal entity that owns or operates the construction activity described in this NOI. The operator is the legal entity that has authority to control those activities at the project necessary to ensure compliance with the terms and conditions of the generic permit. Items B. — E.: Provide the complete mailing address of the operator, including city, state, and zip code. Item F.: Enter the appropriate one letter code from the list below to indicate the legal status of the operator. F = Federal; S = State; P = Private; M = Public (other than federal or state); O = Other ITB 12 -5940 LASIP Packet Page -1126- 104 9/11/2012 Item 11.C. Items G. — H.: Provide the name and telephone number (including area code) of the person authorized to submit this NOI on behalf of the operator (e.g., Jane Smith, President of Smith Construction Company on behalf of the operator, Smith Construction Company; John Doe, Public Works Director on behalf of the operator, City of Townsville; etc.). This should be the same person as indicated in the certification in Part VI. Part III — Project/Site Location Information Items A. — E.: Enter the official or legal name and complete street address, including city, state, and zip code of the project Do not provide a P.O. Box number as the street address. If it lacks a street address, describe the project site location (e.g., intersection of State Road 1 and Smith Street). Item F.: Enter the county in which the project is located. Item G.: Enter the latitude and longitude, in degrees - minutes - seconds format, of the approximate center of the project. Item H.: Indicate whether the project is located on Indian lands. Item I.: Enter the appropriate five or six letter code from the list below to indicate the Water Management District the project is located within: NWFWMD = Northwest Florida Water Management District SRWMD = Suwannee River Water Management District SRWMD = South Florida Water Management District SWFWMD = Southwest Florida Water Management District SJRWMD =St. John's River Water Management District Items J. — K.: Give the name, title, and telephone number (including area code) of the project contact person. The project contact is the person who is thoroughly familiar with the project, with the facts reported in this NOI, and who can be contacted by the Department if necessary. Part IV — Project/Site Activity Information: Item A.: Check the appropriate box to indicate whether the project involves large construction activity or small construction activity. Check one box only. "Large Construction Activity" means construction activity that results in the disturbance of five (5) or more acres of total land area. Large construction activity also includes the disturbance of less than five acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more. "Small Construction Activity" means construction activity that results in the disturbance of equal to or greater than one (1) acre and less than five (5) acres of total land area. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre and less than five acres. Item B.: Provide the approximate total area of land disturbance in acres that the project will involve from commencement of construction through completion. Items C. - G..: Indicate the location where the Stormwater Pollution Prevention Plan (SWPPP) can be viewed. Provide the address where the SWPPP can be viewed if other than as provided in Parts II or III of the NOI. Note that to be eligible for coverage under the generic permit, the SWPPP must have been prepared prior to filing this NOI. Item H.: Enter the estimated construction start and completion dates in the MM/DD/YY format. ITS 12 -5940 LASIP Packet Page -1127- 105 9/11/2012 Item 11.C. Part V — Discharge Information Item A.: If stormwater from the project discharges to a municipal separate storm sewer system (MS4), enter the name of the operator of the MS4 (e.g., City of Tallahassee MS4, Orange County MS4, FDOT MS4, etc.). If stormwater from the project does not discharge to an MS4 but rather discharges to surface waters of the State, leave this item blank or indicate °WA" and skip to Item B of this part. Please note that if the project discharges stormwater to an MS4, you must provide the MS4 operator with a copy of the completed NOI. Item B.: If the project discharges stormwater to surface waters of the State, and not to an MS4, enter the name of the receiving water body to which the stormwater is discharged. Please provide the first named water body to which the stormwater from the project is discharged (e.g., Cypress Creek, Tampa Bay, unnamed ditch to St. Johns River, Tate's Hell Swamp, etc.). Part VI — Certification Type or print the name and official title of the person signing the certification. Please note that this should be the same person as indicated in Item II.G. as the Responsible Authority. Sign and date the certification. Section 403.161, F.S., provides severe penalties for submitting false information on this application (NOI) or any reports or records required by a permit. There are both civil and criminal penalties, in addition to the revocation of permit coverage for submitting false information. Rule 62- 620.305, F.A.C., requires that the NOI and any reports required by the permit to be signed as follows: A. For a corporation, by a responsible corporate officer as described in Rule 62- 620.305, F.A.C.; B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or, C. For a municipality, state, federal or other public facility, by a principal executive officer or elected official. ITB 12 -5940 IASIP 106 Packet Page -1128- 9/11/2012 Item 11.C. FLO A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER NOTICE OF TERMINATION (RULE 62- 621.300(6), F.A.C.) This form is to be completed and submitted to the Department to terminate coverage under the Generic Permit for Stormwater Discharge From Construction Activities that Disturb Five or More Acres of Land and the Generic Permit for Stormwater Discharge from Large and Small Construction Activities provided in Rule 62- 621.300(4), F.A.C., and the Multi- Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity provided in Rule 62- 621.300(5), F.A.C., as well as the conditional exclusion for "no exposure" of industrial activities and materials to stormwater provided in Rule 62- 620.100(2)(o), F.A.C. All information provided on this form shall be typed or printed in ink. I. TERMINATION INFORMATION: A. Facility /Project Number. B. Reason for Termination: No longer operator of the facility /project D. State: Final stabilization criteria is met and all stormwater discharges associated with construction activity have ceased F. Responsible Authority: for construction activity only). H. Responsible Authority's Email Address: All stormwater discharges associated with industrial activity have ceased (for industrial activity only). No longer meet the condition of "no exposure" (for industrial activity only). II. OPERATOR INFORMATION: A. Operator Name: B. Address: C. City: D. State: E. Zip Code: F. Responsible Authority: G. Responsible Authority's Phone No.: H. Responsible Authority's Email Address: I. Responsible Authority's Fax No.: Ill. FACILITY /PROJECT INFORMATION: A. Name: B. Address /Location: C. City: D. State: E. Zip Code: F. County: ITB 12 -5940 LASIP Packet Page -1129- 107 9/11/2012 Item 11.C. IV. CERTIFICATION: I certify under penalty of law that all stormwater discharges associated with industrial or construction activity from the identified facility or project that are authorized by the referenced State of Florida generic permit have been eliminated; the facility no longer meets the conditional exclusion for "no exposure' outlined in Rule 62- 620.100(2)(o), F.A.C.; or that I am no longer the operator of the facility or project. 1 understand that by submitting this Notice of Termination, I am no longer authorized to discharge stormwater associated with industrial or construction activity under a generic permit, and that discharging pollutants in stormwater associated with industrial or construction activity to surface waters of the State is unlawful unless authorized by a permit issued pursuant to 403.0885, F.S. I also understand that the submittal of this Notice of Termination does not release an operator from liability for any violations of this permit or conditional exclusion for "no exposure" from NPDES stormwater permitting for industrial activities. Signature: ITB 12 -5940 LASIP Packet Page -1130- Date Signed: 108 9/11/2012 Item 11.C. INSTRUCTIONS — DEP FORM 62- 621.300(6) Who May File a NOT: NPDES STORMWATER NOTICE OF TERMINATION (NOT) Permittees who presently are covered under the Generic Permit for Stormwater Discharge From Construction Activities that Disturb Five or More Acres of Land or Generic Permit for Stormwater Discharge from Large and Small Construction Activities provided in Rule 62- 621.300(4), F.A.C., the Multi- Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity provided in Rule 62- 621.300(5), F.A.C., or the conditional exclusion for °no exposure" of industrial activities and materials to stormwater provided in Rule 62- 620.100(2)(o), F.A.C. may submit a Notice of Termination (NOT) when their facility or project no longer has any stormwater discharges associated with industrial activity as defined in Rule 62- 620.200(46) F.A.C.; stormwater discharge associated with construction activity as defined in DEP Document 62- 621.300(4)(a); no longer meets the condition of "no exposure" defined in Rule 62- 620..100(2)(o), F.A.C.; or when they are no longer the operator of the facility or project. For construction activities, elimination of all stormwater discharges associated with industrial activity occurs when disturbed soils at the construction site have been finally stabilized and temporary erosion and sediment control measures have been removed or will be removed at an appropriate time, and all stormwater discharges associated with construction activity from the construction site that are authorized under the generic permit have been eliminated. Final stabilization means that all soil - disturbing activities at the site have been completed and that a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of at least 70% for all unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures (e.g., geotextiles) have been employed. Where to File NOT: One copy of the completed NOT shall be submitted to the following address: NPDES Stormwater Notices Center, MS #2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 NOT Application Fee: There is no application fee for submitting a NOT. Additional Notification: If stormwater associated with industrial or construction activity discharged to a Municipal Separate Storm Sewer System (MS4), a copy of the completed NOT shall be provided to the operator of the MS4. For construction activities, if other contractors /subcontractors are covered under the permittee's Notice of Intent (NOI) and /or Stormwater Pollution Prevention Plan (SWPPP), a copy of the completed NOT shall be provided to each additional contractor /subcontractor known to the permittee to be covered or claiming coverage under the permittee's NOI and/or SWPPP. Contractors/subcontractors claiming coverage under a permittee's N01 must assure proper permit coverage for the duration of their regulated activity. Failure of the permittee to provide a copy of the NOT as provided herein shall not relieve the contractor /subcontractor relying upon the permittee's NOI from the required permit coverage or any potential enforcement action arising from the regulated activity. Part I — Termination Information: Item A.: Enter the DEP Facility /Project Number for the facility/project Item B.: Indicate the reason for termination of coverage. Part 11— Operator Information: Item A.: Provide the legal name of the entity (operator) to which coverage was granted. Items B. — E.: Provide the complete mailing address of the operator, including city, state, and zip code. rrB 12 -5940 LASIP 109 Packet Page -1131- 9/11/2012 Item 11.C. Items F. — G.: Provide the name and telephone number (including area code) of the person authorized to submit this NOT on behalf of the operator. This should be the same person as indicated in the certification in Part IV, Items HA.: Provide the email address and fax number (including the area code) of the person authorized to submit this NOT on behalf of the operator. If the responsible authority does not have or does not wish to provide this information, indicate "N /A" in the appropriate space provided. Part III — Facility/Project Information: Items A. — E.: Enter the official or legal name and complete street address, including city, state, and zip code of the facility/project site. Do not provide a P.O. Box number as the street address. If it lacks a street address, describe the facility/project site location (e.g., intersection of State Road 1 and Smith Street). Item F.: Enter the county in which the facility /project site is located. Part IV — Certification: Type or print the name and official title of the person signing the certification. Sign and date the certification. Section 403.161, F.S., provides severe penalties for submitting false information on this NOT or any reports or records required by a permit There are bath civil and criminal penalties for submitting false information. Rule 62- 620.305, F.AC., requires that the NOT be signed as follows: A For a corporation, by a responsible corporate officer as described in Rule 62- 620.305, F.A.C.; B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or C. For a municipality, state, federal or other public facility, by a principal executive officer or elected official ITB 12 -5940 LASIP Packet Page -1132- 110 - -- 9/11/2012 Item 11.C. CONTROL SECTION A. Contractor Requirements (External): 1. Each Contractor shall maintain at least one employee on -staff that has obtained a Work Zone Traffic Control Safety Qualification from the International Municipal Signal Association (I.M.S.A.) or an approved, equivalent qualification from the American Traffic Safety Services Association (A.T.S.S.A.), the Florida Department of Transportation (F.D.O.T.) or any other agency, group or consulting firm that provides acceptable certifications in this area. Approval shall be obtained through Collier County's Risk Management Department. 2. Effective November 6, 2001, each Contractor shall obtain one of the above mentioned qualifications within sixty (60) days upon submission of a bid/quote or prior to the start of any work activity and /or Notice to Proceed, whichever is sooner. Failure to comply with this requirement may result in project shutdown, loss of contract or failure to bid any additional Collier County Projects until qualification is obtained. 3. Each Contractor shall provide copies of qualifications, attached to company letterhead, to Collier County's Risk Management Department for documentation purposes. This file shall be evaluated for adequate qualifications prior to any contract being awarded. A complete copy of the Collier County M.O.T. Policy is also available from Risk Management. Contact information can be obtained from Attachment # 1. 4. Maintenance of Traffic Policy Review shall be held during the initial pre - construction meeting in order to answer any questions that may arise regarding the Policy. These meetings shall be coordinated through Collier County's Project Management, however, it is ultimately the Contractor's responsibility to make sure all questions and concerns are addressed. 5. Where right -of -way connection or work permits are required, the Contractor shall submit a Maintenance of Traffic (M.O.T.) Plan for any project involving work or activity that may affect traffic on any County street, roadway, median, bike path or sidewalk. The M.O.T. Plan must be signed by the contractor's qualified 'Work Zone" employee or developing agency and submitted to all applicable departments. 6. Specific permitting requirements shall be obtained from Collier County's Transportation Engineering and Construction Management Department, Collier County's Transportation Operations Department, Permit Section, or other applicable departments, as necessary. This must be done before any ITB 12 -5940 LASIP 111 Packet Page -1133- 9/11/2012 Item 11.C. work begins. Contact information is available in attachment # 1. A copy of the M.O.T. Plan must also be kept at the work location at all times. 7. In the event that the M.O.T. Plan changes during the project, documentation of the change(s) shall be made by the contractor's qualified Work Zone employee and noted on the work -site M.O.T. Plan. The Contractor is not required to forward the changes to the M.O.T. Plan to applicable Collier County departments or their representatives, unless directed to do so. However, the Contractor will be required to show changes on the written M.O.T. Plan and present them upon request. 8. The Contractor must ensure that all their employees and sub - contracted employees have knowledge and have proven to be competent in setting up work zones when the Contractor's qualified Work Zone Safety Inspector will not be immediately available. 9. Emergency work that is being performed by a Contractor will not require the Contractor to submit a M.O.T. Plan. However, the Contractor must comply with all requirements, as previously described. 10.All signs shown on the M.O.T. shall comply with the current M.U.T.C.D. — Part VI or the 600 Series of Florida Department of Transportation Design Standards. 11.All aspects of the current M.U.T.C.D. — Part VI and /or F.D.O.T. Design Standards, 600 series shall be strictly followed and enforced at all times. 12. Every attempt shall be made to avoid lane /road closures: Where it is not possible to completely avoid these closures, the following procedures. shall be followed: a. The Contractor shall notify Collier County's T.E.C.M. Department, Transportation Operations Department and /or the Transportation Division's Community Liaison. Collier County will assist in the public notification of said lane /road closures; however, it is ultimately the contractor's responsibility to ensure that all necessary parties have been informed. b. No road /lane closures will be permitted between the hours of 7:00 — 9:00 A.M. and between 3:30 P.M. and 6:30 P.M. Exceptions can be made at the discretion of the Transportation Services Administrator or designee. Emergency closures do not fall under these requirements. If an emergency closure is necessary during the times listed above, notification to applicable Collier County's departments must be made as soon as possible (within 1 hour). ITB 12 -5940 LASIP Packet Page -1134- 112 9/11/2012 Item 11.C. c. The Contractor must also notify Collier County's Bureau of Emergency Services Division and /or any of the below listed agencies, when, the lane /road closure may cut off a standard route used by Fire, E.M.S., Police or other emergency agencies. The Contractor shall also make the appropriate notifications when closures may affect schools, residents or businesses. d. Such notifications must be made at least 5 working days prior to the start of construction or as soon as possible (within 1 hour) in the event of an emergency. Notification of project termination shall also be made to above - mentioned parties as soon as the project is completed. e. Closures on two -lane two -way roads must be limited, where possible, to single lane closures with traffic controlled by approved traffic control devices, flaggers, temporary traffic lighting and /or other approved means of work zone traffic control as specified within the M.U.T.C.D. (current edition) and /or the F.D.O.T. Design Standards (current edition). f. Lane closures on multilane roads should be limited to single lane closures, where possible. Where single lane closures are not feasible, Contractors shall submit justification for the closure of multiple lanes. The Transportation Services Administrator or his designee shall make final determination. However, where multiple lane closures create a greater hazard to pedestrians, bicyclists, vehicular traffic or others using existing sidewalks, bike paths or bike lanes, Collier County's Risk Management will have final authority over these closures. g. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five- minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGGING METHODS. h. If the work cannot be performed without closing all traffic lanes for periods longer than five (5) minute durations, provisions must be made to maintain access to all developed properties, businesses, etc. Access may be granted by properly signed and /or marked detours or other approved methods. The Contractor shall prepare a detailed M.O.T. Plan where road closures are proposed. The detailed M.O.T. Plan must show the limits of the road closure, detour routes and /or other means of maintaining access, temporary signage and markings that will be used, and any other information deemed necessary according to state (F.D.O.T. Design Standards 600 Series) and /or Federal (M.U.T.C.D.) regulations. ITB 12 -5940 LASIP Packet Page -1135- 113 9/11/2012 Item 11.C. j. The M.O.T. Plan for road closures shall be submitted to respective parties at least five business days prior to each separate road closure. No road closures, other than for an emergency, are authorized without the prior approval of the Transportation Services Administrator or an appointed designee. k. If an immediate road closure is necessary to safeguard life and /or public or private property, prior approval will NOT be required. However, notification to Collier County Risk Management, the Transportation Services Administrator or designee, the Permits Manager or an appointed designee shall be made as soon as possible (within 1 hour), as long as the notification effort does not compromise the primary efforts to safeguard life and /or property. Upon request from Collier County's Risk Management Department, the Transportation Operations Department or any Collier County Work Zone Inspector, the Contractor shall Provide M. O. T. Plans at any time during the project, In the event that the approved MOT plan is not available or not being followed, the Contractor must immediately eliminate all deficiencies. Failure to comply may result in project shutdown until all deficiencies are corrected and will be determined according to the hazards that are presented and their potential effect on public safety. rIB 12 -5940 LASIP 1 Packet Page -1136- 114 9/11/2012 Item 11.C. EXHIBIT J: TECHNICAL SPECIFICATIONS 1. All roadway materials and work shall be supplied and completed in accordance with the FDOT "Standard Specifications for Road and Bridge Construction" dated 2010, as revised to date. 2. Design Professional shall be responsible for initial survey control to be used for construction layout. Contractor shall be responsible for all construction layout. 3. Contractor shall field verify all existing culverts and structures in which connections are to be made. 4. Contractor shall be responsible for all Maintenance of Traffic for the project. Maintenance of Traffic shall be in accordance with the FDOT Standard Index and the Manual of Uniform Traffic Control Device (MUTCD, Part VI), 5. Contractor shall coordinate his work with all other County Contractors and workers. ITB 12 -5940 LASIP Packet Page -1137- 115 9/11/2012 Item 11.C. PART1 GENERAL 1.01 WORK INCLUDED A. The quantities of payment under this Contract will be determined by actual measurement of the completed item, in place, ready for service and accepted by Owner, in accordance with the applicable method of measurement stated below. A representative of Contractor shall witness all field measurement. B. Payment for any quantities of work in excess of those shown on the Bid Form will not be made without prior written authorization of such additional work authorized by owner through the Engineer. PART 2 PAYMENT OF ITEMS 2.01 MEASUREMENT AND PAYMENT A. Unless specified otherwise in the Bid Form, work under this Contract shall be measured and paid for as follows: ITB 12 -5940 LASIP Mobilization /Demobilization: Measurement for mobilization/ demobilization shall be by Lump Sum for the project and shall not exceed 10% of the amount for the Base Bid. The work shall include, but not be limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to and from the project site and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities. The cost of bonds and insurance and any other pre - construction expense necessary for the start of the work, excluding the cost of construction materials, shall be included. Packet Page -1138- 116 PART 1- GENERAL 1.1 DESCR PAY ITEM 425 -999 STORM WATER TREATMENT DEVICE Packet Page -1139- 0 9/11/2012 Item 11.C. 9/11/2012 Item 11.C. specified removal efficiencies as listed in these specifications. The certification shall be supported by independent third -party research. 1.3 SUBMITTALS A. Shop Drawings The contractor shall prepare and submit shop drawings in accordance with the contract documents. The shop drawings shall detail horizontal and vertical dimensioning, reinforcement and joint type and locations. PART 2 — PRODUCTS 2.1 MATERIALS AND DESIGN A. Precast Concrete Components Precast concrete components shall conform to applicable sections of ASTM C 478, ASTM C 857 and ASTM C 858 and the following: 1. Concrete shall achieve a minimum 28 -day compressive strength of 4,000 pounds per square -inch (psi); 2. Unless otherwise noted, the precast concrete sections shall be designed to withstand lateral earth and AASHTO H -20 traffic loads; 3. Cement shall be Type III Portland Cement conforming to ASTM C 150; 4. Aggregates shall conform to ASTM C 33; 5. Reinforcing steel shall be deformed billet -steel bars, welded steel wire or deformed welded steel wire conforming to ASTM A 615, A 185 or A 497, respectively; 6. Joints shall be sealed with preformed joint sealing compound conforming to ASTM C 990 and 7. Shipping of components shall not be initiated until a minimum compressive strength of 4,000 psi is attained or five (5) calendar days after fabrication has expired, whichever occurs first. B. Internal Components and Appurtenances Internal Components and appurtenances shall conform to the following: 1. Screen and support structure shall be manufactured of Type 316 and 316L stainless steel conforming to ASTM F 1267 -01; 2. Hardware shall be manufactured of Type 316 stainless steel conforming to ASTM A 320; 3. Fiberglass components shall conform to the National Bureau of Standards PS- 15 and coated with an isophalic polyester geicoat and 4. Access system(s) conform to the following: a. Manhole castings shall be designed to withstand AASHTO H -20 loadings and manufactured of cast -iron conforming to ASTM A 48 Class 30. ITS 12 -5940 LASIP __- _ -_- _ Packet Page -1140- 118 9/11/2012 Item 11.C. b. Hatch systems shall be designed to withstand AASHTO H -20 loadings. Hatch systems not subject to direct traffic shall be manufactured of Grade 5086 aluminum. Hatch systems subject to direct traffic loads shall be manufactured of steel conforming to ASTM A 36 -93a, supplied with a hot -dip galvanized finish conforming to ASTM A 123 and access doors bolted to the frame. 2.2 PERFORMANCE A. Removal Efficiencies 1. The SWTD shall be capable of achieving an 80 percent average annual reduction in the total suspended solid load. 2. The SWTD shall be capable of capturing and retaining 100 percent of pollutants greater than or equal to 2.4 millimeters (mm) regardless of the pollutant's specific gravity (i.e.: floatable and neutrally buoyant materials) for flows up to the device's rated - treatment capacity. The SWTD shall be designed to retain all previously captured pollutants addressed by this subsection under all flow conditions. 3. The SWTD shall be capable of capturing and retaining total petroleum hydrocarbons. The SWTD shall be capable of achieving a removal efficiency of 92 and 78 percent when the device is operating at 25 and 50 percent of its rated - treatment capacity. These removal efficiencies shall be based on independent third -party research for influent oil concentrations representative of storm water runoff (20 t 5 mg /L). The SWTD shall be greater than 99 percent effective in controlling dry- weather accidental oil spills. The SWTD shall be capable of utilizing sorbent media to enhance removal and retention of petroleum based pollutants. B. Hydraulic, Capacity 4. The SWTD shall provide a rated - treatment capacity, which is consistent with governing water treatment regulations. At its rated - treatment capacity, the device shall be capable of achieving greater than 65 percent removal of particles typically found in roadside sediments. This removal efficiency shall be supported by independent third - party research utilizing samples consistent with the NURP gradation or finer. 5. The SWTD shall maintain the peak conveyance capacity of the drainage network as defined by the Engineer. C. Storage Capacity 1. The SWTD shall be designed with a sump chamber for the storage of captured sediments and other negatively buoyant pollutants in between maintenance cycles. The minimum storage capacity provided by the sump chamber shall be in accordance with the volume listed in Table 1. The boundaries of the sump chamber shall be limited to that which do not degrade the SWTD's treatment efficiency as captured ITB 12 -5940 LASIP Packet Page -1141- 119 - 9/11/2012 Item 11.0 pollutants accumulate. The sump chamber shall be separate from the treatment processing portion(s) of the SWTD to minimize the probability of fine particle re- suspension. In order to not restrict the Owner's ability to maintain the SWTD, the minimum dimension providing access from the ground surface to the sump chamber shall be 20 inches in diameter. 2. The SWTD shall be designed to capture and retain Total Petroleum Hydrocarbons generated by wet - weather flow and dry- weather gross spills. The . minimum storage capacity provided by the SWTD shall be in accordance with the volume listed in Table 1 below. TABLE 1 T Ca.5616 ^� CDS2015 -G 0.7 19.8 0.5(0.4) 70 (265) CDS2015 -4 0.7 19.8 0.5(1.4) 70 (265) CDS2015 0.7 19.8 1.3(1.0) 92 348 CDS2020 1.1 31.2 1.3 1.0 131 496 CDS2025 1.6 45.3 1.3(1.0) 143 541 DS3020 .0 56.6 .1 1.6 146 552 CDS3030 .0 85.0 .1 1.6 05 776 CDS3035 3.8 106.2 .1 1.6 34 885 CDS4030 .5 127.4 5.6(4.3) 07 1540 CDS4040 .0 169.9 5.6(4.3) 92 1862 CDS4045 .5 212.4 5.6(4.3) 34 2012 CDS2020 -D 1.1 31.2 1.3(1.0) 131 495 CDS3020 -D .0 56.6 .1 1.6 146 552 CDS3030 -D 3.0 85.0 .1 1.6 05 776 CDS3035 -D 3.8 106.2 .1 1.6 34 885 CDS4030 -D .5 127.4 4.3(3.3) 328 1241 CDS4040 -D .0 169.9 396 1499 CDS4045 -D .5 -4.3(3.3) 212.4 4.3(3.3) 30 1627 CDS5640 -D 9.0 254.9 5.6(4.3) 90 1854 CDS5653 -D 14.0 396.5 5.6(4.3) 99 2267 CDS5668 -D 19.0 538.1 5.6(4.3) 33 2774 CDS5678 -D 25.0 708.0 5.6(4.3) 814 3081 CDS3030 -DV 3.0 85.0 .1 1.6 76 CDS5042 -DV .0 254.9 1.9(1.5) _205(7 94 1112 CDS5050 -DV 11.0 311.5 1.9(1.5) 67 1389 DS7070 -DV 6.0 736.3 3.3(2.5) 14 3459 CDS10060 -DV 30.0 849.6 5.0(3.8) -- 92 2997 CDS10080 -DV 50.0 1416.0 15.0(3.8) 1057 4000 CDS100100 -DV 64.0 1812.5 15.0(3.8) 1320 4996 ITB 12 -5940 LASIP -Packet Page -1142- - 120 ,L 9/11/2012 Item 11.C. D. Alternate Treatment Technologies and Sizing Criteria The sizing criteria for treatment systems must conform to the recommended loading rate and 3rd party testing data requirements as mentioned below: 1. CDS Screening Systems — designed for full treatment of the runoff rate at a loading rate not to exceed the critical flow in the inlet, in order to achieve 80% TSS removal efficiency. (80% TSS removal based on a average particles size of 63 micron) 2. Vortex separation systems — designed for full treatment of the runoff rate at a loading rate not to exceeding 24 gpm/ft2, in order to achieve 80% TSS removal efficiency. The hydraulic capacity should not exceed a loading rate of 100 gpm/ft2 to prevent scouring of previously captured particles. 80% TSS removal based on a average particles size of 63 micron) 3. Gravity systems — designed for full treatment of the runoff rate at a loading rate not to exceeding 10 gpm /ft2, in order to achieve 80% TSS removal efficiency. The gravity units will not exceed luminar flow condition parameters in the treatment unit but will provide a bypass system to prevent turbulence from accruing in the system. (See "Stokes Law" for gravity settling requirements of particles. 80% TSS removal based on a average particles size of 63 micron) Additionally, the performance of the unit must be evaluated by a third party and verified in a program that allows a more -or -less direct comparison to other technologies. Performance should be third party verified, and removal efficiencies across the spectrum of particle sizes reported, at a range of hydraulic loading rates varying over a range of at least 25 to 125% of the manufacturer's advertised 'water treatment' loading rate. 2.3 MANUFACTURER The manufacturer of the SWTD shall be one that is regularly engaged in the engineering design and production of systems deployed for the treatment of storm water runoff for at least five (5) years and which have a history of successful production, acceptable to the Engineer. In accordance with the Drawings, the SWTD(s) shall be a CDS® device manufactured by: CONTECH Stormwater Solutions 9025 Centre Pointe Dr., Suite 400 West Chester, OH 45069 (866) 551 -8325 (toll free) PART 3 — EXECUTION 3.1 HANDLING AND STORAGE ITB 12 -5940 LASIP Packet Page -1143- 121 9/11/2012 Item 11.C. 1. The contractor shall exercise care in the storage and handling of the SWTD components prior to and during installation. Any repair or replacement costs associated with events occurring after delivery is accepted and unloading has commenced shall be borne by the contractor. 3.2 INSTALLATION 1. The SWTD shall be installed in accordance with the manufacturer's recommendations and related sections of the contract documents. The manufacturer shall provide the contractor installation instructions and offer on- site guidance during the important stages of the installation as identified by the manufacturer at no additional expense. A minimum of 72 hours notice shall be provided to the manufacturer prior to their performance of the services included under this subsection. 2. The contractor shall fill all voids associated with lifting provisions provided by the manufacturer. These voids shall be filled with non - shrinking grout providing a finished surface consistent with adjacent surfaces. The contractor shall trim all protruding lifting provisions flush with the adjacent concrete surface in a manner which leaves no sharp points or edges. END OF SECTION Supporting documents found at: hftp: / /bid.colliergov.net/bid/ ITB 12 -5940 IASIP 122 Packet Page -1144- 9/11/2012 Item 11.C. EXHIBIT K: PERMITS See Attached ITB 12 -5940 LASIP 123 Packet Page -1145- 9/11/2012 Item 11.C. 'RULE W,46F. 4.F.&QA - 5T*TE0FF10RVAWAR7WNTOFTRMIQRT11 " SW440,W DRAINAGE CONNECTION. PERMIT ROAMWY DESlow Pup t as To be completed by DOT Drainage Connection Permit No. 6 I a- b " 197 -'b 3 _- Date 118 24 // b Received By Qcrn Maintenance Unit _ f g T State Road No. -WS71* SZ90 Work Pr . og ram_ProledNe. Section No... 63010 Constrtictii n P too, I,A lepost 17. 05"1 - % ? -3 31 Station Ins#rucf3ons for Dratha9e Connection Permit. Pursuant to.14- 86.004(6), FA.C. "The Drainage Connection Permit form! serves as dwappticaiil6n: Once approved by the Department, thelorm and supporting documents become. the 0rWnage`COnnect1Oht.Penmit." The applicant shall submit four completed permit packages. with original signatures: Each package shall include; all required attachments. All required :signed and seated plans; and supporting documentation shall be submitted on no larger than (1'1" X 177) multipurpose paper, unless larger plan she are requested bythe.reviewer The package:will include the following items, If an item does not applyto your project, indicate- 'Not Applicable' or "NtA' Included: Part ;Title Completed b . i S' ial instructions 1 Permit Information Sheet Applicant 2 Certification by a Licensed Profession) licensed Professional Signed and Seated 3 Certification...._. -._ Applicant Si nature. 4 Owneeq:..Authorization of a Representative Owner Signature 5 Affidavit of Ownership or Control and Stateinent of Conti uous Interest. Owner Signature 6 Permit General Conditions FDOT 7 Permit S "al Conditions FDOT i3 As -Built Certification Licensed Professional Signed and. Submit within 15 working days of completion of construction Attachment Legal Description _ v� Attachment _ Photographs of Existing, Conditions try pEp NM -mod _ Attachment Location Ma J Attachment. 'Grading Plan Licensed: Professional Signed and Sealed U > Attachment Soil Borings Attachment Water Table / Percolation Attachment; Calculations Attachment CD with Electronic Files of all Submittal Items Scanned Images' pdf.fani;t Note:. Different.Licensed Professionals may °complete: parts of the permitpackage: :For example the Licensed Professional signing and sealing the, as =built certification may be differentfrom the Licensed Professional who signed . and sealed the calculations for the permit package: EXCEPTIONS. Activities that qualify= for aiT Exception are listed: in Rule 14-86, RA.C: A permit application to the Department is NOT required. However,, if you desire verification whether the work qualifies for an exception,. send a completed copy of this rmif package with its. requested information to the applicable FDOT District Office: APPROV"'ED: FIN tillml. Packet Page -1146- 9/11/2012 Item 11.C. RULE 14-Sb.0K.FA.V STATE OF FLORM GWAWAENT C# TR4JSP0WtA" SS044046 DRAINAGE- CONNECTION. PERMIT APADWAY'O'EWA Mot PART 1— Permit Information Sheet. Select one.- 0 Permit ❑ Exceptiom Pursuant to 14-86.002(2),,FJLC. "Appkaht means the,owr!er of the adja qci ,cent:p p*.tty,qrthwowmWs..aUthorked' representative." Applicant. Select one. ❑ Property Owner OwneeslRepresentattite (Complete Part 4) Name. Gombn Nlz Greene, PA Title and; Company:. Senior timinegir PBSW Address- 6W North, Broadway Avenue. SUftti 310' City ;-Bartow State: Florida Zip: 3300 Telephone- 863.533-7000 FAX: 863=533-7888, Email, oM_qmenegDvbsi:com., Property Owner Of not applicant) Name, Jay Ahmed. PE Title and Company: Director- of Trans2q%ion Engineering Collier Cob& Board oM6untV C6mraisstoners Address: 2885 South Horseshoe Drive City: Naples State:: FIQrlds Zip: 341QI Telephone-- 239-252-81-92 FAX. RIE774-4 101 Errol, JavAhmad0colliergovinet Applicants Licensed Professional Name: Gordon M. Greene. PE Florida License 'Number. 600: Title and Company* Senior Engineer PBS&J --- Address: 600 North BroadwavAvenue, Suite 310 C4,: Bartow - State: Florida Zip: 3383Z Telephoner 863-533,7000 FAX: 863533•7898 Emaii- gmareenetMobsixom Project Information: Project Name: Lely Area Stormwatgr ImbrovemerW Project (LASIP) Sections IT& 10 , Location: US 41 (Tamiami Train 90 14holes: STREET SR. NO. USIHWY No. My Collier 29.3032 50 S 25 E COUNTY SECTJON(Sy, TOWNSHIPS) RANGE(S) *Geographid Cpprdirtatev., Latitude (DIVIS."SM: Longitude (DMS.SSS), Horizontal Datum: - (NAD 83 1 j= Adj.) ` State Plane Coordinates: Northing. EastinW. Projection Zone- El: Florida North 0 Fibrilde tast: 0. Florida West Coordinate shag be the center-of -the dnveway�intersecfion with FDOT,'R/W, orif there is no-drwewwconnectlort, neatthe ceht&.of the. property line nearest the state highway, 'Check,with. the FQOTOfib-.:fbrm-Wftrwnt Packet Page -1147-. 9/11/2012 Item 11.C. RULE ,rn aema. F.A.Q- StArE of momm oEPAmmorr of TRmsPoKra m 660440.08 DRAINAGE CONNECTION PERMIT aoAOwAV OEIn" anoe Pao -A od's Brief- description of facgity and;propoced cors>ection: This oroiect ornooses to cons"ct Sections 179 SoftheleivAtea Stonnwater Improvement Project fLASIPL:which Involves widening and lowering the roadsides i nomdoqi the side.diain olroes >alono northbound l!S'47, beiween.south afTreetoas Lane and north of Dlzie D ri+re. and' etosino th&,dltdh.�►itttin the Naples Manor subd'niision . between V-Mn Street-and McCarty Street with, a storm drain system: - Briefly describe why this activity requires a bra rage Connecsion- Permit. anclude where. the:stormwater• will discharage to FDOT right'of way).; A Dremwe Connection Permit is repaired for this oroiectbecause aff ofihe proposed wg&Wono US 41 is 3 ftin FDOT'noht of way : and discharge from the Naples Manor ditch slow directly to the US 41 ditch _....::; Packet Page -1148- 9/11/2012 Item 11.C. RULE 14 -MOM, F_kdr STATEDr-KORIDAWARPLENT 10F7R-8 P OR TATKW MSX;N DRAINAGE: CONNECTION PERMIT RO AV WAY 10M PW40ta PART 2 —CertWication -by a Licensed Profinisional In accordance with. Rule 14-86, Florida Administrative Code (F.A.C.). I hereby certify. that the following:.requirernents are and/or will. be met. This project has been designed in compliance, wift ail applicable, water quality design standards; At. required by state: governmental agencies, 14-66.004(3)JO (FA.q_,)... Certification the dotfiple*,set�of tons and:cOmputatibiw by a Licensed Professional that. p compiles with one of the following Rules Sections. 14-86.003(Z)(a) (F.A.C.), or [I 14-86':004(?)(b) (F-A-C)i (check one) I further certify that a; National Pollutant Discharge Elimination :8istem (NPDES) permit for stor mwater, discharges associated with industrial activity from construction sites. Z is required ❑ is qu re not ired. (check one) I I am aware that there are significant penalties 'for; submitting Use information, -including the possibility of fines, and impnsonment This certification shall remain valid for any subsequent revision or submittal of plans, computation or r-other project documents by me. Name of Licensed Professional: - Gordon M. Greene,. P Florida License Number. 68368 - Company:'Name (if applicable): PB.S&J Certificate: of Authorization, Number (if applicable): 24 Address: 600, North Broadway Avenue, Suite 310 City* Bartow: State Florida Zip: 33830 Telephone: 863- 533 -7000 _ Fax., 863-533-7688 _ Email: cim_greene@Rbs*,c= .0 0 60, Op X, 4" • 70NAL %,Y ROLE U-MM44 FA.r—. W PFRORLMDE w -MAWS�,ATMU DRAINAGE CONNECTION PERMIT 9/11/2012 Item 11.C. ROADWAY;MON, lam PSOS64 I PART 3 — Certification by Applicant I hereby.. certify that the Inf anon this *tq Is complete and and accurate best of my knowledge.. Applicants Signature Date %.6" 7 A Name (Printed), Gordon M. Greene ..PE Tide, and Company: Senior Erglh eer� PBS&J; Address: 800 North Broadway Avenue. Suite 310 Ban Florida. 33830 Phone Number: 863-533-70W E:maff address: ornorgeneft3bacom PART 4:— Owner's. Authorizadomtof aAepresentattve I (we), the owner, Collier County Board of,CountV Commissioners do hereby. authcrize.the followiry person, or entity, as:rny representative: Name (Print4ao. Jay Ahmed, PE Idle and Director'of Transportation Engineering Collier County Board of County Commissioners- .Address-. 28854S-outh Horseshoe Drive Naoles: Florida 34104 Phone Nun�ber. 230-252-8192 E -mail address: Ay6hmad0colfterownet Part 5 Affidavit of Property OWnership or Control and Statement of Contiguous Interest 1, Collier County Board of County Commissioners certify : that I own or lawfully control the f0.Hbw.ing ! described property, US 41 between Treetops Lane.and Mile Drive and Nap les Manor drahaae easement between Warren. Street and McCarty Street Does the property owner own or have any interests in,any adjacent properly.7 0 No ❑ Yes. If yes, please diescribe.. Owner's Signature required for Parts 4 and/or 6 We will not begin on the drainage connection until, I receive the Perrnit and I Understand all thattonditions of the Permit. When work beg : ins on the connection; 1 am accepting all conditions listed, in the Permit Name (Prifited) Jay Ahmed. PE Address: 2885zHorseshoezDnve Naples, Florida: 34104 Phone Number, 239-252-8192. Signature: 44� -Date, 141A) Y 11l Packet Page -1150- 9/11/2012 Item 11.C. RULE 1441GA04, F.A.Ct SrATE OF FLORIDA DEPA"W"TOF 11RAWORTATION .. E564iDii6 DRAINAGE CONNECTION PERMIT 1. This permit is w license for permissivemse. only and 'does not convey any property rights.,e r irr.real estate. or n material, or any exclusive privilege and it°does not authodie any-injury to private property. or invasion-of private rights; or epyinffingement of Federal,. Stateor-11ocal-laws, rules or regulations: nor does It obviate the necessity of obtaining;pny required state or local` approvals.. Z, The drainage connection as authorized herein, shall be constructed and thereafter maintained iheaccordance*th the docurnerits.-attachedherel:6 and incorporated by, reference hereim 92 work performed in the: DeparlipenrX ngKof -way. ificatio . ns* the 4 ni shall be done in accordance. with the most current. -Depeftitment, sitandards,. spec and provIslo s. Such construction shall be subject to the inspection and approval of the Department, and the Department may l*at� any time make such,inspactions as it deems. necessary to assure that the; drainage... connection Is in compljapc!e,vith . th! per;MML 3. The entire expense of construction within the Department.fight of way, including. replacement of existing pavement,,,or other existing features, shall b.e, bome by the. permittee. 4. The permittee-shall maintain that portion of the drainage connection authorized hereirr located on permittee's property in good condition. The Department shall maintain that portion at the drakrage connection authorized herein locatedwithin its right of; way. 5. If the drainage connection is not constructed, operated or maintained in. accordance .wiffi. :, this :permft, the :permit may be suspended or revoked. In: thi& event-modification or removal. of any portion of the, drainage connection the Departments right of,way shall beat the permittee!s expense. S. The Department reserves the right to modify or remove the drainage connection to prevent damage orin conjunction with road Improvement& 7. It is understood and aq0eed that the rights and privileges herein,set outare grantecronlylo the extent of the Department's right title, and interest in the land to be entered, upon and used by the permittee, and' permittee Will, at all times, assume all. risk, of and: indemnify,46fend and save harrhiess the. Department fromr.and against -any and a1r.loss, damage, cost or expense arising in any. manner on, accountof the exercise or attempted-*exercises by;said permittee of these. rights; and privileges, regardless of the respective degrees ,offault of the parties. 8. Utilities, including.gas lines, may existAthin the rightof wayi. 'Priortobegbnihg, w6* the permittee shil , I contact: Sunshine State One Call of Florida,, Inc at 811. or 800432-4770,. who will notify Wt utility owners nearthe scheduled project.. The utility owners have two (2) full business days to provide locations of thev respective faci I fifies. The penniftee shall be solely responsible for any damage to or conflicts with gas lines, utI104s;and/6rAhird persons: 9. The permittee shall notify the Department of Transportation Maintenance Office located at Phone: 4 8 hours in advance of ,starting any %work on theAlraiiiage connection authorized by this permit and also 24 houit prior to any work within the Depa"itnerift ngftofwdy. Constructlomof - any work on the right of way shall be completed within . -1 days aW such notification. If such construction is not completed within days after such notification, the permitted shall notify the Departinent of the anticipated completion date., 10. This permit shall expire if construction on the, drainage connection 19 not .be.guin within one year from the.dbte.of approval and I construction on, the drainage connection, is ryot completed by � (Date) 11. A permittee may.request an extension. of the Drainage Connection Permit expiration date by filing a written request for a permit time extension. 9 requests for time extensionsmust be, received: by the Departm.entA5 worldng . days,prior to the expiration date, 12. All the provisions of thisipermit shall 1b6 bindingDn any ass , ig . nee -or successor in interest.of tfie: permittea Packet Page -1151- AULE.u.N.W Fcc I SUM OF.,R=XW WAffl1*Wr0FTPM9P0RTA7M DRAINAGE CONNECTION PERMIT 9/11/2012 Item 11.C. 850a40-W ROADWAY. BESW PART 7 --Permit S peclat ConditioAs - To. be completed. by FDOT The above request has beerf. reviewed, arid has been, found Io. meet theregulations as' pj,*scnbed in Rul.& 14-8r,, F.A.,,C,,, and is. hereby approved; 'sobjeet to the following, special conditions: I SPECIAL CONDITIONS PERMIT #2010-0-197-03, L,J=-I;Y AREA STORMATER IMPROVEMENT PROJECT (LASIF SEC TIONS 17 & 18; US 41 DITCH AND:NAPLES MANOR DITCH, Collier : SECTION, 03010, SR 45, M.P. 17.061-18.3311. Special Conditions t. The proposed (2}'=481' RCP crossdrairt. (Section. 15) bcafed-at apprc 1matety Sta.. 1116+86 must be permitted prior to the construction. df the. improvements along US 41 (Sections 17 & 18); A FDOT Drainage Connectio-a will be re'quired to verify the proposed informationfier the (2) -48" RCP& crossing: US 41, In addition; all downstream improvements (Sections A. 6A, 10, 13, 14, and 15), must, be constructed prior to commencing. construction: on Sections 17 and Ia. 2, No permanent structures will be alto-wed in! the-proposed easements. Department ofTimnsportation: Signature T-Itle J�4 4117-ur rrA AC Dig 7. 7 NEW Packet Page -1152- oil RULE i4-ft.004, F-A.L- OVATE OF RORIDA WAR7W#ff Of T"AVMTATW DRAINAGE CONNECTION PERMIT 9/11/2012 Item 11.C. 95DZ40-w ROAMAYZESIM Um pswsiv# PART 8�As-136111LCertjficatlton Within 15 working days of completion of coristrut, . lion, you must, send this certification to the D . e partme t, motfi . cein which you filed your DOT Drainage Permit. 1*. STORM WATER FACILITY INFORMATION Permit. Source: tproject) Name: Source. Location: Street City: County* Source Owner Owner Address'. 2. A"UILT CERTIFICATION I hereby certify thatthis storm-water facility has been: built substantially in. accordance with thecertftd: design. pons, and that any substantial deviations (noted below) will not prevent the facility from.-functioning::in compliance: with the requirements of Chapter 14-86 F.A.C. when properly maintained and,operated. These determinations have freer based upon on-.site observation of construction,. scheduled and conducted byme or by a project representative under my difect supervision: Name of Licensed Professibnef. Florida l License, Number. Company Name (if applicable). Certificate of Authorization Number Cif applicable�-* Address: City: State:, Zip: Telephone: Fax:. Email; Signature o(Licensed Profesdonall. Date, (Affix: Seal) Substantial deviations from the approved plans and spedificOtforiv (attach additional sbeets if required). Packet Page -1153- 9/11/2012 Item 11.C. WATER USE APPLICATION REPORT Application # Submittal # Submittal Date 120730 -7 109596 05/30/2012 Relevant Party Details Business Category: CO UN APPLICANT NAME: Bishop, Maraargt ADDRESS: 2885 Horseshoe Drive South ITY,STATE,ZIP: Nanles. FL 34104 COMPANY AND TITLE: Collier County (Mrs.) TELEPHONE: 239-252-5857 FAX: 239- 252 -6050 GENT NAME: West. Nathan ADDRESS: 1514 Broadway Suite 203 ITY,STATE,ZIP: Fort Myers, FL 33901 COMPANY AND TITLE: ATKINS (Mr.) TELEPHONE: 239- 334 -7275 FAX: 239 -334 -7277 Prniect Location Details Project Name: LASIP 17-18 41/Napies Manor Ditch Project Acreage: 10.7 Irrigated Acreage: City, Town or Village: Na Dies County: COLLIER Sections Township Range Land Grant 30 50 25 29 50 25 32 50 25 Permit Type Details Fype of Application requested: A New Permit reason for Water Use: Dewaterina During Construction Packet Page -1154- 9/11/2012 Item 11.C. Environmental Resource Permit Status *a. The project is permitted for Environmental Resource /Surface Water Management ermit Number 11-0114D-5 C) b. The project Is existing and unpermitted for Environmental Resource /Surface Water Management Cc. An Environmental Resource /Surface Water Management permit has been applied for IAPPIlcation Number C d. An Environmental Resource /Surface Water Management permit is not required Well Details Surface Water Details Pump Details Culvert Details Status of Right of Way CThe project is permitted for ROW Permit Number C ROW permit is applied for IAPPIlcation Number (it) ROW permit Is not required Reclaimed Water Does your project Include reclaimed water? FoYes (.9) No Water Use Details amount of the request: 1,44 (Million Gallons per Day) )uration of the request: 1_0 (Years) Packet Page -1155- 9/11/2012 Item 11.C. Describe the purpose of use or withdrawal and the ctivity to be performed i n 24 +0 n 99+80.00 n + rov m n I D w r n will I ditches. on n xi ditch n i completed, r water will be released ndary Into a settlina basin within the r In the n n wnstream of the _ i work area. III be Isolated from r s by sheet pile n turbidity barrier, I seament will ased Into a settlino m The II continue to discharcie larcie wetland mw f S 41 via sections 4 and 15 as in the existino clition. Describe in detail why dewatering Is necessary n n f h box culverts. ewat rin mav be Describe the Method of proposed excavation I al eaulpment will I machine Provide the following existing water table elevations wet seaso (ft,NGVD) dry seaso (ft,NGVD) Provide the elevation to which ground water will be draw down (ft,NGVD) Provide the maximum depth of excavation 1 (ft,NGVD) Provide the operation schedule hrs /da days /wee Provide the duration of the water use Q (weeks) Will discharge water remain on -site? 1 Yes `_ .' No Describe the method used to calculate the "maximum daily pumpage" and "average daily pumpage". If more than one item (pipeline, structure, etc.) is to bedewatered, please attach a spreadsheet listing the Items, total number of days for each, the maximum daily um a e average daily um a e and total for each Item Existing and /or Potential Water Problems Presence of Water Problems Yes *No potential for proposed use to cause water problems or impacts Yes No mupporung uocumentation File Name File Size 012 02 29 dewatering calcs.xisx 45 KB ewatering section & calculations. pdf 48 KB location map with aerial.pdf 2 MB fwmd table b.docx 30 KB vicinity map.pdf 516 KB ell pt pump.pdf 245 KB Packet Page -1156- 9/11/2012 Item 11.C. lasip fdot final. df 26 MB basis of review - dewatering methodoiogy.docx 12 KB ite map with aerial.pdf 2 MB location map.pdf 516 KB pplication - dewatering caics.pdf 110 KB Packet Page -1157- 9/11/2012 Item 11.C. Certification I hereby certify that, to the best of my knowledge, the total project acreage listed above Is owned or controlled by me and encompasses the project referenced in this permit application. In addition, I agree to provide entry to the project site for South Florida Water Management Inspectors with proper identification or documents as required by law for the purpose of making analyses of the site. Further, I agree to provide entry to the project site for such Inspectors to monitor permitted work If a permit Is granted. If I do not use the water for which this permit is issued within two years the permit may be revoked. If this application Is not complete within 240 days, it may be denied pursuant to Rule 40E- 1.603, Florida Administrative Code. Print Name of Owner or Authorized Agent Trtie Signature Packet Page -1158- 9/11/2012 Item 11.C. Basis of Review - Section 2.5.2 (4) a. Documentation of authorization that allows the applicant to discharge directly into the receiving water body and/or adjacent lands, and a demonstration that the receiving water body or adjacent lands are capable of accepting the dewatering discharge. Discharge from the proposed site will be to a large wetland system west of US 41 via Sections 6A, 13, 14 & 15. Currently the runoff from the project site - discharges to these locations and has the capacity to accept the dewatering discharge. b. An operational plan which demonstrates that the discharge to the receiving water body will meet all applicable State Water Quality standards prior to discharge. To meet State Water Quality standards, a settling basin and turbidity barriers will be used to prevent turbidity and monitoring will be done to ensure that only clean, non - turbid water will discharge to waters of the state. A turbidity monitoring plan and an operation dewatering plan have been included on the dewatering sheet (C600). c. An operational plan which demonstrates that the discharge to protected wetlands will not contain turbidity levels in violation of State Water Quality standards (must be less than 29 NTU above background levels) prior to discharge. A settling basin and turbidity barriers will be used to prevent turbidity and monitoring will be done to ensure that only clean, non - turbid water will discharge to waters of the state. A turbidity monitoring plan and an operation dewatering plan have been included on the dewatering sheet (C600). d. A monitoring plan which includes, at a minimum, proposed sampling locations and daily turbidity measurements of the discharge and background conditioned in the receiving body and /or wetland. As stated above, to prevent turbidity, a settling basin and turbidity barriers will be installed prior to discharging offsite. Please see the attached dewatering plan sheet for more information on the turbidity monitoring plan and dewatering operational plan. e. A contingency plan which includes procedures for ceasing dewatering operations and correcting the situation until monitoring demonstrates water quality standards are met. All dewatering will cease during storm events and then begin once the storm event is over. Turbidity is to be monitored at sample points shown on the dewatering plan sheet to ensure state water quality standards are met prior to discharge. Packet Page -1159- 9/11/2012 Item 11.C. LASIP, Sections 17 & 18 DEWATERING CALCULATIONS 200' Length of Excavation - Typical Section March 2, 2012 ASSUMPTIONS: Pump used: Thompson 8" Vacuum - Assisted Wellpoint Pump 1200 RPM, Model # BVW- DJDST -4045D Pump Rates & Volumes will vary based on actual pump(s) used by Contractor. Pump is on 24 hours a day for 14 construction days. Initial Drawdown Volume = 57,600 CF = 430,906 Gal (based on excavation & water elev =7.0') Surface area of sides of excavation = 5,122 SF Assumed infiltration rate = 9 ft/day Inflow from sides of excavation = 344,859 GPD = 239 GPM Inflow Rate, After Initial Drawdown, once excavated, from bottom only: Surface area of bottom of excavation : 3,200 SF Assumed infiltration rate = 9 ft/day Inflow from bottom of excavation = 215,453 GPD = 150 GPM STATIC - Headloss Calc j Pump Intake Eiev = 11.00 ft Ground Elev = 8.00 ft Bottom of Excavation Elev = -1.50 ft Bottom of Wellpoint Intake Elev = -2.50 ft Static Headloss = 13.50 ft MANIFOLD INTAKE AND DISCHARGE PIPE - Headloss Calc Nominal Diameter = 8 in From pump curve: 1,000 GPM at 21 ft head Total Flow, 'Q' = 1,000 GPM Pipe Head loss: Hazen and Williams equation H= .002083(L)(( 100 /C)"1.85)x(gpm"1.85 /d ^4.8655) L= Length in feet C, Friction Factor 130 PVC Pipe Length = 400 ft (manifold and discharge outfall pipes) Pipe Head loss = 7.34 ft Total Dynamic Head = 20.84 ft Pump Flow Rates & Volumes I Pumping Volume Duration (days) i (GAL) Initial Drawdown: j One Pump On at Full Flow: 1,000 GPM li subtract inflow during initial drawdown: 239 GPM =--worst case actual net outflow pumping rate w/ 1 pump on: 761 GPM I (flow gpm)(60min/hr)(24 hr /day)= 1,095,141 GPD f 0.4 430,906 GAL Continual Drawdown: (Minimum required pumping to maintain initial drawdown) inflow rate from bottom surface only: 150 GPM (flow gpm)(60min/hr)(24 hr /day)= 215,453 GPD ; 7.0 1,508,170 GAL TOTAL PUMPAGE VOLUME: 1,939,075 GAL AVERAGE DAILY PUMPAGE: 262,269 GPD MAXIMUM DAILY PUMPAGE: 1,440,000 GPD (1 pump on at full flow for 24 hrs) Packet Page -1160- Subject I1 9/11/2012 Item 11.C. I Comp by- .M.:.f- �.... _._._. —. I Date 0.12 2Q,E 2....._ _ ..w I Sheet Number IRE �,i Check by: Job Number. ATKINS -�- VOtTE C Tag LE In1 to o I ..1_. go*oM van' tG G5'-�D D. 0' Tota I arPn of clewcoer, ri ScP, L E (',10 Conservo -n ve sec -ho►l is based ot-\ ah +k t pa4gI excava +� rnn rec�� t r� i`+MproAemevis +o Secf vnc n and l a, !rocfudi rg .1 p'►� and recd cad ��s accord. -fa 0-on-fra6+ PIav,S da -Fed p��''l t ZoII I. W i d t h 1- Oe - a ( -cr h on rn ay v av� de Pev\d t B� CCY�' a(.fGr S Muvr, OV 6 5 \fzlsnocts of -ir2vxh)l . ' Aired to be d.P-Loatev-ed ivac lu.d•x; e.�ccava +Ian Plus swrrcuNd(v1q I5, Ca ICU late avls aEsu m e a �U-MP o pe�rati ru,� 40+ �,� Df 1, �- D CsPM cH d2WGl +2ri v1q 2.D0' I eV�C Of e.�CaVC ', un . pef PVC 1� . � �L1Culat� Qssun�2 le��-�n o� suc- t�cTr1 -s� e► wet!- po�,nj- ��Q �nc� �O be -}-,,v► c e -nccO of 1 ev of � ca.va-tov) . eun +" &- ' 2.4 hm day , s used as a corn�rer-W -f v?, "asurP- C vatm- 4�,- t-�Lzev\ W It +awls = t W -fvs PvG• Est,mak oP 1,5 d� js e deuxtttirtN o eded �r 200' 1ev)in o4excava'r M See addrtroral Catcu.tafi'orG o*-achcd . for ODo Lerch of i�Kcavatum . Torn I Seq mer i Cross �L,ti o n t -eyl t 2-DO' Lev�h o� dewa +�sh �, )-e = 4 00' a reo t� r deuycfi -ev'•e d= �r2Lt of S� de scopes = ! a •,E;' x a Y- ' = 5,1 a2- SF t�rea of boffayl = Ii9' x 9OD' . = 3rd se Vol uvM of deU)a -,er1Y 9 a89 sr-* x a.oD' = 571 toco C F TOtl [4evu�qq40 o� ev't(rs P e& ± q, TO, Wad er use O-P 4 wnl� ow .00'.zxca.\,a-hor� a.+ IrOoD&fM = 11440, 000&P1,) dad uM e, ftr SFwry)OGeywa1vJateritse ID MUD Maxrmuvn #pun /Ie V) tf Ozavatio1) del ic- -ed r day: ID MCsD (44- �MC)D = (r.q � Co pal. \ps (s. w4 ma-D) (o pv-M�s x 200 = 1 ,X00' T&at c w A =e, Qer �' I.e to o-f exco vac'i o v~ (q,-su n i ! ; , D75 at (onS Total pLkm pocke ;fir en ure ?IQ'`eC+:. = 4c3 Ggnent .11:0' 45 x 75 dams = 5S� .5 doh Packet Page -1161- IT5 12 -5940 LASIP EXHIBIT L.: STANDARD Dt"'"" 0% Not Applicable Packet Page -1162- 9/11/2012 Item 11.C. 1TB 12 -5940 LASIP EXHIBIT M: PLANS AND SPECIFICATIONS See Attached Packet Page -1163- 9/11/2012 Item 11.C. 125 8 N H H Z Q J Z � ZZ Zt � aS W h Z Q z V Q o ui Q � J III N Fs ri I O CL Z 0 W Q 0. Packet Page -1164- 9/11/2012 Item 11.C. 2 2 W m - 9/11/2012 Item 11.C. i TABLE B Description of Surface Water Pumps rp�prn#+rItthbu� Pump §fir ' tl h15 I 5� tf 1i r6'N�I '�`rn 6z zr'��r� � MapklQesignafionF T "' Pump " tern �1 R Wp 1" «SurtaCa Wat �;;OU � ` '° Dewatering ii. 13 is LocaG:Dra[nags"Qisttcr 'Xl SFWMD 1firtappl�cablst`r,d `' re sting or Promised j Y; Proposed "e ! J%'4 f ti " Date oProposed' i August Installation t 2012 Date Installed if N/A Ezistrng �.: , ; Pump suction NRIM {lair liste insircticn Pump �Capacaiyr ( MM!, ,r 1200 �' 1 " a Pump HarseQoWer f UP 62 t ;Pump Qiameter jitiches} � + 8 EP FOR F Putnp'Intak+e Ele�ratibi -2.5 (feet NGVD) , r Status (s ee�irlsX�trctians�� primary i .. '....I W 1 HIP Pt�rp�se (Se@ lnstrUCttons) Mining/ . Dewatering Two vva�y pump? no typmoiiha) ? Ml., , VlCater Use AdcaUnting Metipd see (see lnatruchons V' 1, attached A , , € " i dewatering Gy w tl w a calculations Date Lsst Calltuatgrl;l 1 - (ATTAChI caliptacnrepo rPlanar:iC�aaMrate - (if known :see instructs ii OR Soft / T6i0iW.i,j' jI Range 29, 30,32/ IRE,-� 50S / 25E ,:$ Form 0645 -G61 -1 (08/03) Packet Page -1165- 9/11/2012 Item 11.C. Instructions for Completing TABLE B, Description of Pumps Please provide the following information about the well, if known or if applicable: Pump Name or Number: This is your designation of the pump; if we contact you about the pump, this is how you would refer to it Map Designation: This is how you have labeled the pump on the map you submitted. This may be the same as Pump Name or Number, but does not necessarily have to be. Surface Water Source: This is the name of the water body from which the pump withdraws water, for example, SFWMD C-51, Lake Worth Drainage District Canal E -3, Unnamed canal, on -site lake. Local Drainage District: if the project is located in a local drainage or 298° district, such as Lake Worth Drainage District, Indian Trails Water Control District, etc., please identify it. Existing or Proposed: If the pump is proposed enter the date of expected operation. If it is an existing pump, enter the date it was installed if you know it. Pump Type: Typical choices are: centrifugal diesel turbine axial flow submersible suction electric turbine hydraulic other (specify) Pump Capacity: The amount of water the pump can produce in gallons per minute (GPM). Pump Horsepower. Horsepower rating of the pump. Pump Diameter: Size of the intake opening of the pump, in inches. Pump Intake Elevation: The elevation from which the pump can produce water without cavitating. Status: Typical choices are: Primary Secondary (Ex: a production pump that is rotated) Standby (Ex: used for freeze protection or emergency) Purpose: This is what the water will be used for. Typical choices are. Dairy Irrigation Air Conditioning Swimming Pool Heating Aquaculture Freeze Protection Inigation/Lake Recharge Mining /Dewatering Livestock Industrial Aquifer Storage and Recovery Aquifer Remediation and Recovery Other (specify) Two way pump ?: Can the pump be used for both intake of irrigation water and discharge of storm water? Flow Measurement Method: Section 4. 1, Basis of Review for Water Use Permit Applications, requires all permittees with a maximum monthly use of greater than 3 million gallons to equip each existing water withdrawal facility with an authorized operating water use accounting system and a report of its calibration to be sent to the District. Describe how you measure the amount of water produced by the pump. Date Last Calibrated: When was the flow measurement method last calibrated? ATTACH the calibration report. Planar coordinates: The Florida State Plane System (Planar Coordinates), should be submitted if you have a land survey which identifies the location of the pump in terms of those measurements. If you do not know what these are, it is not necessary to include them. Section / Township / Range: The section, township and range in which the pump is located. Packet Page -1166- 9/11/2012 Item 11.C. LASIP SECTIONS 17 & 18 US 41 DITCH & NAPLES MANOR DITCH C a minty Pre eot Location Map u�ecnenn��e QS�i1 Der 81ftt�IFeD[�:1rf�Dr D Figure 1 - Project Location Map pw 2. REV. 913/10 Packet Page -1167- 9/11/2012 Item 11.C. 8" Vacuum - Assisted Wellpoint Pump 8VW- DJDST -4045D Contractors worldwide trust the Thompson vacuum wellpoint pump with. its incredible solids handling and high air handling capabilities. Customers experience some of the fastest priming times in the industry with the addition of the Super Suction vacuum - assisted priming system. The Thompson 8VW DJDST -4045D is designed for high flows to 2,600 gpm and heads to 120 feet, making it perfect for wellpoint and sock systems or general construction dewatering. Pump Features • Standard engine — John Deere 4045D • Fully automatic, dry priming to 30 feet • High heads to 120 feet; Maximum flows to 2,600 gpm • Handles solids to 3" • Maximum operating time is 21 hours @ 1,800 rpm Super Suction Features & Benefits • Provides fastest priming system in portable pump dewatering industry • Prevents discharge of pumping effluent onto the ground • Eliminates need for a waste hose • Eliminates need to fill up pump housing with water to obtain original prime at start-up Air cydone vapor . recga ry,s*em to. preverk.crischarge of contaminants Air separator assemt ^`Some featraesno� araoPa6k on d�!'moo4 Page 1 of 2 SUPER SUCTION VACUWASSUM PWM SVSW a Thompson's exclusive Super Suction vacuum - assisted system works with a self - priming pump to provide the fastest priming in the industry. Water and air passes through a cross section tank and then into the vacuum pump forcing the water to rise in the separation tank until a balance point is reached. Discharge priming valve. cast iron pump with maxomm solids' capacity of 3" Packet Page -1168- THO PSON Il��il EXPWRMNC&hVNCnOW=r4 8" Vacuum - Assisted Wellpoint Pump 8VW- DJDST -4045D 8VW- DJDST -4045D Dimensions APWQXWuft 99tlgf* 4,290 mt 8VW- DJDST- 4045D ,yidrZC Performance Curve ■■ ■� � ss. i Sir "sal ��I�� ■■ ■ ■■11■P�� li:■ ■R' \�'�Li ■�■��! ■ ■ ■ ■ ■ ■■■ ■ ■■ • ■■■ \'�! ��■ ■fir ■ ■ ■�>t ■ ■ ■ ■ ■ ■ ■ ■■ �■■■i�►: ,,, ��lii�� ■■iii./■■■■■ ■■ it0�M1111��11� nis�ii: °his 9/11/2012 Item 11.C. amp-ml Materials of Construction Pump Casing: Heavy -duty class 30 cast -iron with built-in volute Impeller: Dynamically balanced, two-vane, non - clogging, semi -open with full rear shroud, ductile iron, with rear - equalizing vanes to reduce axial loading and prolong seal and bearing life; diameter 11.75" Mechanical Seal: 65mm type AR3, oil or grease lubricated with Tungsten Carbide rotating and stationary seal faces. Single inside mounted, non - pusher type with self - adjusting elastomeric bellows. All other components are 304 stainless steel and Viton. Head: Rugged, back pull out design, heavy -duty class 30 cast iron with tapered bore design Bearings and Frame: Heavy -duty grease lubricated to carry both axial and radial loads. Frame is heavy -duty class 30 cast -iron. Shaft: SAE 4140 alloy steel and fitted with a 304416 stainless steel sleeve Wear Plate: Replaceable, class 30 cast iron with abrasion resistant rubber facinq to extend service life Engine Specifications Engine: John Deere 4045D, 62 hp @ 1,800 rpm Type: 4- cylinder, in -line, 4- cycle, water - cooled, natural aspiration, direct - injected, Tier II diesel Standard Equipment: Alternator, radiator, muffler and exhaust stack with rain protection Displacement: 276 cubic inches Fuel Economy: .379 lb/hp-hr @ 1,800 rpm Safety Shutdowns: High coolant temperature; Low oil pressure Unit Specifications Fuel Tank Capacity: 66 US gallons Fuel Consumption: 3.16 gallons per hour Maximum Operating Speed: 1,800 rpm Maximum Operating Temperature: 212 °F Maximum Working Pressure: 78 psi Maximum Suction Lift: 30 Feet Maximum Casino Pressure: 110 Dsi In the interest of product improvement, Thompson Pump & Manufacturing reserves the Z right to change specifications without incurring any obligaffon for equipment previously or subsequently sold. Capacity, Head and Pump Curve are for comparative purposes. Consult engineering data for exact capabilities. 4620 City Center Drive, Port Orange, FL, 32129, USA (800) 767 -7310 * Fax (386) 761 -0362 Email• salesAthompsonpump.com * www.thompsonpump.com Page 2 of 2 December 2005 Packet Page -1169- 9/11/2012 Item 11.C. jqj !ata i N Y1 x x xti Iti g %iM4 gl� ECK I �2g O Q W`In Q_� W 300 3578 W� 7577 afar � � Z W W V a J cc P U15 __$ O O� 2 N�n� i �N yid�i N�ni 2 a t 2 �• man ?mwQa i S�Ai � � T 1'T7i �i � � ��►MN��u:1��uutu�n�i �-�� Q Packet Page -1170- 9/11/2012 Item 11.C. W g � y 9 �1 4 C 5 Q I a W N r w�E � Y l� a� a W t y� O rs� 3 Z!3 n !3 I!n In 1!3 S A A► Z 9 � W � y - as y W e p W S e IS !h � !u W n � A 1^dS W W A W W 1�w 66 g 3335 3 All Packet Page -1171- � �aQ 8 y'� � •� O i�� j i � C � C� Zl 6 S i G 4 i i 6 Packet Page -1171- 9/11/2012 Item 11.C. wg 4 D d O 3 5 C w � C g a Ilk e a g1� ai emE heel W 1 �_ pQ sN ~a O �W 2� N zl OR %Z.' i Packet Page -1172- �nnoi we�o�a eo3�aaeu 9/11/2012 Item 11.C. Packet Page -1175- o Ln IN H' =7 IT' 4- 7k ti 4 I 01! 2,— 1 -J M) e IN! MI. + 4- ...... . ..... 41 L.... ........ . Packet Page -1175- 9/11/2012 Item 11.C. Packet Page -1176- 6 in .. tl' IN lo 7t- fit .... ...... 7-7 r.-T LEE A3 it -, ...... 44-1 ... . . z flit lot L gq . . .......... ... -A -1- -- - ---- --- --- -7 A 4 got o Packet Page -1176- 9/11/2012 Item 11.C. Packet Page -1177- T- . .... . . ..... . ......... -T NIB . . ...... .. . QQ � i I 1 � � �� I O �1 � � --r r - i J z 'A . .. ................ . .. .. ... T t ..... . ........ ... CaW F -T IL ------- - --- Packet Page -1177- ' 9/11/2012 |tGOO 1 1.C. �| J�~ | Ln in LOOK- J�h LU 7 it - T1111 JOHN -Syr 4. AIL TF 1,0 fit i 1 Eli VIA* i lilt .-A& MUM Tr Packet Page -1178- 9/11/2012 Item 11.C. w 1 6 6 i I. ,i ! ( '' � II .Ii�. i�l: � I i I VIII '� I II II! �I I� (� I L. J-1 -4 ... ....... L i 7' is L iz z gril 14 It Ll -.Wsg 70 -a K -4� 12 .. ...... ... + ..... . ... 77-1 All Pll& il ' L Id 7 'T 71: It 1 71 .1 Packet Page -1179- 9/11/2012 Item 11.C. EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Louis J. Gaudio, Vice President Project Manager Paul Moriarty Construction Superintendent ITB 12 -5940 •LASIP Packet Page -1180- 126 9/11/2012 Item 11.C. N N,E S 0 0.5 1 i t I Miles 14 ;Naples Manor Outfall No.3 _, 15 FY 2011 2012 16 ;Naples Manor North Canal i ,Naples Manor Ddch Enclosure 18 U.S. 41 Ditch 19B Haldeman Creek (@ Rivena Crown Pt zm=m- FY 2012 :,Davis Blvd Weir 24 Davis Blvd. 21 Crews Road (SB Rd Ext.) 22 'Cope Lane (SB Rd. Ext.) 2014 25 -Sandy Lane /Wingsouth Interconnect X-44 FY 2013 i Wingsouth Airpark West Channel 27 "gsouth Airpark East Channel 2015 20 FY 2014 r FY 2015 R Project Boundary 14 ;Naples Manor Outfall No.3 _, 15 'µNaples Manor Outfall No .4 2012 16 ;Naples Manor North Canal i ,Naples Manor Ddch Enclosure 18 U.S. 41 Ditch 19B Haldeman Creek (@ Rivena Crown Pt 2013 23 :,Davis Blvd Weir 24 Davis Blvd. 21 Crews Road (SB Rd Ext.) 22 'Cope Lane (SB Rd. Ext.) 2014 25 -Sandy Lane /Wingsouth Interconnect 26 i Wingsouth Airpark West Channel 27 "gsouth Airpark East Channel 2015 20 =County Barn Rd. COLLIER COUNTY. Growth Management Division 'age -1181 - Revised, 07/2512012 canal 7' Colher County