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Agenda 09/11/2012 Item #11F9/11/2012 Item 11.17. Recommendation to award Contract No. 12 -5917, in the amount of $1,042,050, to A.C. Schultes of Florida, Inc., and authorize a budget amendment in the the amount of $350,000, for the Livingston Road Irrigation Quality Water Aquifer Storage and R covery Well below the underground source of drinking water, Project 74030. OBJECTIVE: The public purpose of this project is to pilot test Aquifer Storage and Recovery (ASR) technology for eventual production use that will increase the availability of irrigation quality (IQ) water to be used for irrigation. This action is to award a construction contract to extend the existing ASR well below the underground source of drinking water (USDW), Project 74030. CONSIDERATIONS: On June 24, 2008, as Agenda It m IOG, the Board of County Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the requirement for an IQ water aquifer storage and recovery system. The proposed scope of work is consistent with the 2008 Wastewater Master Plan Update, Project 74030, "IQ Water ASR," Section 8, Table 8 -1, page 7 of 7, line 148, and the 2010 Potable Water CIP Update, page 3 of 4, line 93, as identified in the 2011 User Fee Rate Study. The Livingston Road ASR Well Project was developed to enhance the county's IQ water program by providing a seasonal point of storage for IQ water prod supplemental wells. The ASR facility will inject (recharg with low demand and store the recharge until dry seas, recovered for distribution. This project was placed on regulations related to ASR systems. In response, the evaluate end -state alternatives and identified a compN evaluation yielded a recommendation to extend the exis pilot testing. The work to be performed includes explora injection well system; construction of a monitoring well ground mechanical piping and valves, electrical and coi testing is complete, and the storage capacity of the zi potential to drill four additional ASR wells on the site, wl A at the water reclamation facilities, and by IQ water into the aquifer during rainy seasons c with high demand, when a portion will be )Id due to more stringent changes in federal >unty engaged in a comprehensive study to best -value solution. The outcome of this g ASR well below the USDW, and to begin y drilling and testing within the existing ASR scharge pipeline; and, reinstallation of above it equipment. Once exploratory drilling and below the USDW confirmed, there is the i is consistent with the 2008 Master Plan. On February 28, 2012, as Agenda item 16C2, the Board accepted a grant (reference attachment 4) from the South Florida Water Management District (Big Cypress Basin), for alternative Water Supply Grant Funds that will provide partial funding for this project, in the amount of $100,000. The Livingston Road IQ Water ASR System Well, Bid No. 12 -5917, was posted on June 6, 2012, with 1787 electronic notices sent to vendors that provide these services. Eighty -Nine (89) bidders downloaded full bid packages and the county received three (3) bids, as follows: VENDOR BID A.C. Schultes of Florida, Inc. $1,042,050 Wells & Water Systems, Inc. $1,113,400 Douglas N. Higgins, Inc. $1,154,763 In accordance with Article 12.7 of the Solicitation Document and Collier County Purchasing Policy Article XI.(2)(a) ( "Preference to Local Businesses "), Staff offered Fort Myers based contractor, Wells & Water Systems, Inc. the "right to match" the prices submitted by the lowest non local bidder in the amount of $1,042,050. Wells & Water Systems, Inc. declined the offer to snatch this price, and therefore Packet Page -1418- 9/11/2012 Item 111. the contract will be awarded to A.C. Schultes of Florida, Inc. Staff and the local project design engineer, CDM Smith, Inc., determined that the low bid is fair and reasonable and recommend awarding the contract to A.C. Schultes of Florida, Inc. The low bid was 13.3% percent above the design engineer's opinion of cost of $920,000. The Purchasing Department concluded that bidding was competitive, and representative of market conditions. The bid tabulation, graph, and design professional's recommendation letter are attached (Attachments 1, 2, and 3). FISCAL IMPACT: A budget amendment is required to transfer funds from Project 73307 (Neighborhood Enhancements) to Project 74030. Funding is consistent with the FY12 Capital Budget approved by the Board on September 22, 2011. The source of funding is Wastewater User Fees, Fund 414. This exploratory project (including cycle testing) is expected to be completed by 2015. All incremental pilot operating (non - personnel) costs will be covered by Wastewater User Fees, Fund 414, as reflected in the table below. Once an operating permit is obtained in two to three years, production operating costs will be covered by the Water / Sewer Operating Fund 408. Elements FY 2012 FY 2013 FY 2014 - FY2032 Capital Outla $1,042,050 $0 $0 Net Operating Effect* $0 TBD* TBD* *Once exploratory drilling and testing is complete, and capacity of the new storage zone confirmed, production operating costs will be determined. 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. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District, award Contract 12 -5917 to A.C. Schultes of Florida, Inc., in the amount of $1,042,050; authorize a budget amendment in the amount of $350,000; and, authorize the Chairman to sign the attached contract after final review by the County Attorney's Office. Prepared by: Alicia Abbott, Project Manager, Public Utilities Planning and Project Management. Attachments: Attachment 1 Bid Tabulation Attachment 2 Graph Attachment 3 Engineer's Letter of Recommendation Attachment 4 Grant Agreement Attachment 5 Contract No. 12 -5917 Attachment 6 Addendum Packet Page -1419- 9/11/2012 Item 11.F. COLLIER COUNTY Board of County Commissioners Item Number: 11.F. Item Summary: Recommendation to award Contract No. 12 -5917, in the amount of $1,042,050, to A.C. Schultes of Florida, Inc., and authorize a budget amendment in the the amount of $350,000, for the Livingston Road Irrigation Quality Water Aquifer Storage and Recovery Well below the underground source of drinking water, Project 74030. Meeting Date: 9/11/2012 Prepared By Name: AbbottAlicia Title: Project Manager,Public Utilities Engineering 6/29/2012 4:55:54 PM Submitted by Title: Project Manager,Public Utilities Engineering Name: AbbottAlicia 6/29/2012 4:55:55 PM Approved By Name: Steve Messner Title: Plant Manager,Water Date: 6/30/2012 11:13:52 AM Name: HapkeMargie Title: Operations Analyst, Public Utilities Date: 7/2/2012 9:32:16 AM Name: JohnssenBeth Date: 7/11/2012 10:46:12 AM Name: Jon Pratt Date: 7/11/2012 1:29:51 PM Name: SunyakMark Packet Page -1420- Title: Project Manager, Principal,Public Utilities Engine Date: 7/26/2012 10:04:08 AM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 8/15/2012 2:18:17 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 8/16/2012 10:55:48 AM Name: ParkerNicole Title: Contracts Specialist,Purchasing & General Services Date: 8/17/2012 8:43:22 AM Name: WidesTom Title: Director - Operations Support - PUD,Utilities Fina Date: 8/22/2012 4:36:05 PM Name: ChmelikTom Title: Director, Public Utilities Engineering Date: 8/23/2012 10:25:14 AM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 8/23/2012 4:56:43 PM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 8/24/2012 12:00:09 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 8/31/2012 9:17:09 AM Name: KlatzkowJeff Title: County Attorney Date: 8/31/2012 10:47:54 AM Name: UsherSusan Title: Management /Budget Analyst, Senior,Office of Manage Date: 9/2/2012 11:24:59 AM Name: OchsLeo Packet Page -1421- 9/11/2012 Item 11.F. Title: County Manager Date: 9/4/2012 12:38:48 PM Packet Page -1422- 9/11/2012 Item 11.F. �m 9� s a E 8 B H 8 8 H H x F � Y D s 3 0 o 0 o 9/11/2012 Item 11.F. I ME 3 3 3 3 3 3 3 3 3 3 3 3 9 3 6 3 3 3 3 3 3 3 3 3 3 3 a a a 3 8 O $ 8 8 S 8 8 8 8 8 g 8$ °g a EBBS 8 8 m e g g 8 g 8$ 8 8 $$$ 8 $ a S 6 o g g S g g g$ g s g g 8 $ 8 $ 8 $ $ $ g g 8 $ $ 8 BE $ 8 $ g ° 8 8 8 8 8 8 $ E g g $ 8 8 8 8 8 8 8 S o g g g g g g g g g 8 °g 6 0 Packet Page —1423— 5� u F °a 3 e�qj save a -=- Wg��» g 2 2 c c n n H H. c � � TT F F Packet Page —1423— 5� u F °a 3 e�qj save a -=- Wg��» 9/11/2012 Item 11.F. MO M Packet Page -1424- Bid Results for ITI3 # 12-5917 (Livingston Road IQ Water ASR System) $1,400,000 KEY: $1,200,000 Dashed Green- --------------- - -- AVERAGE BID ................................................... $1,000,000 Dashed black - + / -1 std dev of avg bid $800,000 Dotted red- ........................................ ............... ............... +/- 20% of eng estimate for $600,000 horizontal construction $400,000 $200,000 t 2 $0 Erg Est AC Schultes of Florida Wells & Water Systems, Douglas N. Higgins Inc. MO M Packet Page -1424- H s 2180 W. First Street Suite 400 Fort Myers, Florida 33901 tel: 239 938 -9600 fax: 239 339.6418 July 25, 2012 Ms. Alicia Abbott Public Utilities Planning and Project Management Department 3339 Tamiami Trail East, Suite 303 Naples, FL 34112 Subject: Livingston Road IQ Water ASR System - Well Below the USDW Bid No. 12 -5917 Low Bid Evaluation - Recommendation for Contract Award Dear Ms. Abbott: 9/11/2012 Item 115. On July 13, 2012, bids were received by Collier County for the Livingston Road IQ Water ASR System - Well Below the USDW (Bid No. 12- 5917). Three bids were received. The apparent low bid was submitted by A.C. Schultes of Florida, Inc. in the amount of $1,042,050.00 for Base Bid Items 1 through 4, including the identified project allowances ($55,000). The other two bids were $1,113,400 submitted by Wells & Water Systems, Inc. and $1,154,763.00 submitted by Douglas N. Higgins, Inc. The bid tabulation summary is attached. CDM Smith has reviewed the bid package and experience of the low bidder and found nothing that would disqualify them from the proposed work. Review of references suggests that they have performed satisfactorily on past work with similar requirements. In summary, we believe that A.C. Schultes of Florida, Inc. is the lowest, responsive, responsible bidder and is qualified to perform the construction of the Livingston Road IQ Water ASR System - Well Below the USDW. CDM Smith recommends that Collier County award the project for the total lump sum Base Bid, for Base Bid Items 1 through 4 plus the project allowance. Should you have any questions or wish to discuss the bid further, please do not hesitate to call us. Respectfully, I ago' n A. Sciandra P.E. Senior Project Manager CDM Smith Inc. Packet Page -1425- MENT + TRANSPORTATION + ENERGY + FACILITIES \// -9Zt,T- DBed I@M:)ed J'� � WE)II � � OZ/ � �/6 8 8 8 N 8 8 8 8 m9 gj . . . . . . Be g a E E E E E E E E E E E 2 EEE El 3 \� \ } \!) \ \ |j(�/ )/ ! { ; J'� � WE)II � � OZ/ � �/6 8 8 8 N 9/11/2012 Item 11.F. MEMORANDUM PUPPMD MAR 26 2012 Date: March 20, 2012 H01:00 To: Anthony Russo, Administrative Assistant Public Utilities Engineering Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agreement #4600002535 with South Florida Water Management District accepting Alternative Water Supply Grant Funds for Project #71057 and #74030 Attached for your records, is a fully executed and certified copy of the agreement referenced above, (Item #16C2) approved by the Board on February 28, 2012. The Minutes and Records Department will hold the original agreement in the Board's Official Records. If you have any questions, please contact me at 252 -8406. Thank you. Attachment Packet Page -1427- 9/11/2012 Item 11. F. SOUTH FLORIDA WATER MANAGEMENT DISTRICT Fedex Ground Delivery 417656215049981 March 13, 2012 Collier County Government Center Minutes and Records Department 3299 Tamiami Trail, Ste. 401 Naples, FL 34112 Dear Mr. Russo: Subject: Contract # 4600002535 Alternative Water Supply Projects FYI Please find enclosed one (1) fully executed copy of the above referenced document. Thank you for your efforts on behalf of the South Florida Water Management District (District). Should there be any questions, or if you require any additional information, please contact me. Sincerely, Sharman Rose Contract Specialist Procurement Bureau shrose@sfwmd.gov (561) 682 -2167 FAX: (561) 682 -5624 Enclosure (Lv� c: Max Guerra - MSC 3510 ?411 Gun Club Road, West Palm Beach, Florida 3406 - {561} 686 -8800 - FL WXFS 1 -Six)- 432 -21145 Mailing Address: P.O. &m 24AM wary P-1— PI - -k VT "3416 -4&90 - www.sfwmd.gov Packet Page -1428- 9/11/2012 Item 115. 00, ORIGINAL SAP PO REFERENCE NO. Ot 500h0`SZ L5 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600002535 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THIS AGREEMENT is entered into as of the MAR 12 2012 by and between the South Florida Water Management District (DISTRICT) and Collier County (COUNTY). WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida Statutes; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY to improve and expand the alternate water supply sources to meet the increase in potable and irrigation water demand; and WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the DISTRICT at its October 13, 2011 meeting, approved entering into this AGREEMENT with the COUNTY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for reverse osmosis treatment units replacement and installation inter -stage booster pump, and aquifer storage and recovery. Page 1 of" A°-°.^ # M_ ^4^ 1002535 Packet Page -1429- 9/11/2012 Item 11.17. 2. The period of performance of this AGREEMENT shall commence on October 1, 2011 and shall continue for a period of One year. 3. The total DISTRICT contribution shall not exceed the amount of Three Hundred Fifty Thousand Dollars and No Cents ($350,000). The DISTRICT shall make payment upon completion and acceptance of the deliverables as described in the Payment and Deliverable Schedule set forth in Exhibit `B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $350,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. In the event the COUNTY is providing a cost sharing contribution as provided for in paragraph 5 below, the COUNTY shall provide evidence that its minimum cost share has been met for each invoice submitted. The subject cost share documentation shall be included with each invoice. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. 5. The COUNTY shall cost share in the total amount of $2,900,000 in conformity with the laws and regulations governing the COUNTY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date of the AGREEMEN T unless authorized through execution of an amendment to cover succeeding periods. 7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall Page 2 of 7, Agreement No. 4600002535 Packet Page -1430- 9/11/2012 Item 11.F. not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible property. 9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUNTY and the officers, employees, servants and agents thereof. The COUNTY represents that it is self-funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the COUNTY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either parry any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. Page 3 of 002535 Packet Page - 1431 - 9/11/2012 Item 11.F. 13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the COUNTY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The COUNTY shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain all financial/non- financial records through: Page 4 of 002535 Page -1432- 2535 18 9/11/2012 Item 115. (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the COUNTY's financial and non- financial records to the extent necessary to monitor the COUNTY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District t Attn: Max Guerra, Project Manager Telephone No: (239) 263 -7615 ext 7612 Attn: Sharman Rose, Contract Specialist 3301 Gun Club Road West Palm Beach, FL 33406 Telephone No: (561) 682 -2167 FAX No: (561) 682 -5624 Collier County Public Utilities Planning and Project Management Division Attn: Anthony Russo, Project Manager Address: 3339 East Tamiami Trail, Suite 303 Naples, FL 34112 Telephone No: (239) 252 -5390 FAX No: (239) 252 -5378 19. Invoices, clearly marked "ORIGINAL ", shall be sent to the attention of Accounts Payable at the DISTRICT's address specified below. All invoices shall reference the AGREEMENT and SAP Reference Numbers specified on page one of this AGREEMENT. In addition, a copy of the invoice shall be sent to the attention of the DISTRICT's Project Manager either at the address specified in paragraph 18 above or via Facsimile (FAX) using the FAX number also specified above. South Florida Water Management District Attention: Accounts Payable P.O. Box 24682 West Palm Beach, Florida 33416 -4682 Page 5 of" ' -' ' - 002535 Packet Page -1433- 9/11/2012 Item 115. 20. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 21. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 22. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 23. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 24. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 25. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non- binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 26. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 27. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1— 26 (b) Exhibit "A" Statement of Work (c) Exhibit `B" Payment and Deliverable Schedule (d) all other exhibits, attachments and documents specifically incorporated herein by reference Page 6 of ­-002535 Packet Page -1434- 9/11/2012 Item 11.F. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: / v Ddrolo A. B Shaw, Procurement Bureau Chief Date: :5 —1-g —1 --Z' Approved as to form & legal Sufficiency Assistant County Attorney Pj ATTEST: DWIGHT E. EMOCK, Clerk` By: t`.. At 11� Page 7 of 7 A4reemPnt Nn 16n0002535 Packet Page -1435- starts ai Fv:kilok ounty of COLLIER *" I H EREBY CERTIFY THAT 06.1�+ 111.+V11 SFWMD PROCUREMENTAPPR VED :orrect copy of $ oOcuTrtimt& $y: -- Board Minutes and Re�ros',:Colildr.fiITEt Dat SS my h a o 1'l tied# #hlSr day of " fist aWIGHT E. 8ftOLK, C1: RK':6f 00' UM. " A. , ky± BOARD OF COUN IS IR CC)U�. FLORIDA By: Name of Authorized In ' dual Approved as to form & legal Sufficiency Assistant County Attorney Pj ATTEST: DWIGHT E. EMOCK, Clerk` By: t`.. At 11� Page 7 of 7 A4reemPnt Nn 16n0002535 Packet Page -1435- 9/11/2012 Item 115. EXHIBIT "A" STATEMENT OF WORK COLLIER COUNTY ALTERNATIVE WATER SUPPLY PROJECTS FY12 INTRODUCTION The Collier County Alternative Water Supply projects are part of a comprehensive plan to improve and expand the County's alternative water supply sources to meet the increase in potable and irrigation water demand. The County has requested cooperative funding for the following two projects scheduled for completion in FY12: • Reverse Osmosis Treatment Units Replacement & Installation inter -stage Booster Pump Installation • Aquifer Storage & Recovery (ASR) Well at Livingston Road 1.0. PROJECT #1 :North County Regional Treatment Plant (NCRWTP)- Reverse Osmosis Treatment Units Replacement & Installation Inter -stage Booster Pump The North County Regional Water Treatment Plant (NCRWTP) has an 8 MGD Brackish Water Reverse Osmosis (BWRO) system. Collier County Public Utilities would like to evaluate the BWRO membranes with the existing BWRO skid configuration with the addition of interstage booster pumps between the first stage and second stage pressure vessels. installing interstage booster pumps would benefit the RO system. Advantages of using these pumps are reduced feed pressure requirements, extended membrane life expectancy, enhanced hydraulic control over the membrane system (i.e., improved flux rate balance at each stage) and reduced energy and power consumption. Installation of the interstage booster pumps requires modifications to the interstage and concentrate piping, along with the instrumentation and control system. The use of interstage booster pumps allows for substantial O &M cost savings per year for the RO process. The power cost savings combined with the assumed increase in membrane life (5 to 7.5 years), saves approximately half a million dollars per year in O &M costs. 1.1 OBJECTIVES The objective of this project is to replace the RO membrane cartridges in the four (4) BWRO skids located on the east side of the RO building. The project will also include design modifications to the existing skids to add interstage booster pump capability. Agreement No. 4600002535, Exhibit "A ", Page 1 of 3 Packet Page -1436- 9/11/2012 Item 11.17. 1.2 SCOPE OF WORK The work includes a design report for the membrane/interstage booster pump project, engineering drawings and specifications, bid and construction phase support, and start up support. Collier County will procure the new BWRO membranes, remove the old BWRO membrane modules, and install the replacement BWRO modules. In addition, the installation of the interstage booster pumps and piping modifications to the four (4) existing BWRO skids will be procured by Collier County and coordinated with the replacement of the membranes. 13 WORK BREAKDOWN STRUCTURE The major tasks and task descriptions that will be necessary for the completion of the scope of work are as follows. Task 1: Engineering, Design, Permitting, and Construction Management of Project Task 2: Membrane Procurement and Installation Task 3: Installation of Inter -stage Booster Pumps and RO- Membranes 2.0 PROJECT #2: Aquifer Storage & Recovery (ASR) Well at Livingston Road Collier County Public Utilities Division (CCPUD) has invested heavily in the development of a expansive irrigation quality (IQ) water system as part of an overall commitment to a sustainable total water management program. However, even with the extensive reuse program that the County has in place, during rainy periods when irrigation demand is low, excess reclaimed water must be disposed of using percolation ponds and deep injection wells. To better manage its reclaimed water resource, the County developed an IQ water ASR system, the initial phase of which was completed in 2007. The County ASR system was designed for expansion to a total of five ASR wells. As a continuation of the IQ water ASR program, the County is working to construct a Non - Underground Source Drinking Water (Non -USDW) ASR well at the Livingston Rd ASR wellfield. The development of a Non -USDW ASR well will allow greater flexibility in meeting regulatory requirements when storing excess reclaimed water. The flexibility will allow CCPUD to utilize reclaimed water more effectively; reducing irrigation withdrawals from surface or groundwater systems during critical dry season periods and reducing loss of valuable freshwater resources. For these reasons, the use of ASR wells for storage of reclaimed water is consistent with the goals and objectives of the Big Cypress Basin of the South Florida Water Management District and is an excellent candidate for Alternative Water Supply (AWS) funding. The proposed project includes the extension of an existing ASR to tap a Nan -USDW aquifer that will serve as the storage zone capable to receive a maximum of 2.0 million gallons per day. Agreement No. 4600002535, Exhibit "A ", Page 2 of 3 Packet Page -1437- 9/11/2012 Item 11.F. 2.1. SCOPE OF WORK The scope of the project is to construct a Non -USDW ASR well by extending the existing ASR Well. The project will create a facility for the storage and recovery of more than 140 million gallons of reclaimed water. It is anticipated that upon completion, the proposed well would accept and recover water at a rate of 1.0 to 2.0 MGD. The injection will occur over a 90 to 120 - day period during the wet season, or whenever excess wastewater was available. The Nan -USDW ASR well will be completed with a 12 -inch diameter casing to approximately 1,450 feet below land surface (bls) and an open hole extending to approximately 1,475 feet. The final depths will be determined from subsurface data obtained during well construction. The project will be comprised of the following construction elements: 1. Pilot hole drilling and testing of identified Non -USW storage zone (monitoring well) 2. Construction of non -USDW ASR well and testing (injection well) 3. Installation of submersible pump and above ground appurtenances 2.2 WORK BREAKDOWN STRUCTURE The major tasks and task descriptions that will be necessary for the completion of the scope of work are as follows: Task 1: Pilot hole drilling and testing of identified Non -USW storage zone Task 2: Construction of a Non —USDW ASR Well and testing Task 3: Installation of submersible pump and above ground appurtenances 2.3 PROJECT COST The construction cost of the proposed ASR well project is estimated with $700,000. 2.4 PROJECT LOCATION The project is located north of the IQ Water Wellfield, off Livingston Road in Collier County. The injection well and monitor wells will be installed on easements obtained by the County. Agreement No. 4600002535, Exhibit "A", Page 3 of 3 Packet Page -1438- 9/11/2012 Item 11.F. EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES 1 Engineering, Design, Permitting, and Construction Management 2 Membrane Procurement & Installation 3 1 Installation of Inter -stage Booster Pumps $200,000 1 Ongoing $1,000,0001 8/31/2012 1 $250,000 $1,000,000 1 8/31/2012 Total Cost 1 $2,200,000 $250.000 1 Pilot hole drilling and testing of identified Non- 07/31/2012 USDW storage zone $600,000 2 Construction and testing of Non -USDW ASR 08/31/2012 $100,000 Well Modification of above ground appurtenances $100,000 09/30/2012 Total Cost $700,000 $100,000 * Costs are estimated to include 25% contingency. 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U ti o �0 9 z Y V _ LL a N .y C 0 V a� Y 8 vi w U Z OA r u � An w d 'v Y U c Y « C C w' 3 a u V 0 a` z If I- Packet Page -1440- 9/11/2012 Item 11.17. anW ,w d V t/f V � c a� V u q y U a V V C E� o SV O:6 131.5 'a Z WU w V v a u C � y C w u yV7.4 M a u u u L 'y E a � O m c C6 En '3 0 6B T O 0 a� u R7 N U � w U O V .4� c ` Y Y � 3 Y r u Q � � o N as fV V y � � U_ LLl M N CD °o C E a w O d 9/1112012 Item 11.F. k 1 Cry Adiminisfthe Servioes Division Purchasing Livingston Road IQ Water ASR System Well Below the USDW . COLLIER COUNTY BID NO. 12 -5917 COLLIER COUNTY, FLORIDA Nicole Parker, Procurement Strategist Email: nicoleparker @colliergov.net Telephone: (239) 252 - 4270 FAX: (239) 252 - 6549 Design Professional: CDM Smith, Inc. PPorchase5 DelmrWW • 3327 Tamremi Trail East - Naples, Florida 34112.4901 • www.colliergov.nel1purchasing 1 Construction Services Agreement: Revised 311/2012 Packet Page -1441- 9/11/2012 Item 11.17. TABLE OF CONTENTS PUBLICNOTICE .......................................................................................... ..............................3 PART B - INSTRUCTIONS TO BIDDERS .................................................... ..............................5 CONSTRUCTIONBID ................................................................................. .............................14 BIDSCHEDULE .......................................................................................... .............................15 MATERIAL MANUFACTURERS ................................................................. .............................16 LIST OF MAJOR SUBCONTRACTORS ..................................................... .............................17 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 BIDDERS CHECK LIST .............................................................................. .............................28 CONSTRUCTION AGREEMENT ................................................................ .............................29 EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................... .............................37 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................... .............................40 EXHIBIT B: INSURANCE REQUIREMENTS .............................................. .............................43 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................47 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................48 EXHIBIT E: CHANGE ORDER .................................................................... .............................51 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................53 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................... .............................55 EXHIBIT H: GENERAL TERMS AND CONDITIONS EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS ........................ .............................89 EXHIBIT J: TECHNICAL SPECIFICATIONS .............................................. .............................90 EXHIBITK: PERMITS ................................................................................. .............................91 EXHIBIT L: STANDARD DETAILS ............................................................. .............................92 EXHIBIT M: PLANS AND SPECIFICATIONS ............................................. .............................93 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............94 2 Construction Services Agreement Revised 3/112012 Packet Page -1442- 9/11/2012 Item 11.F. ex ftty Adn inisb i+e Servkw Division Pumha:sing PUBLIC NOTICE INVITATION TO BID Livingston Road IQ Water ASR System Well Below the USDW COUNTY BID NO. 12 -5917 Separate sealed bids for the construction of Livingston Road IQ Water ASR System Well Below the USDW, 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 3:00 P.M. LOCAL TIME, on the 13th day of July 2012, at which time ail 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 3:00 PM. LOCAL TIME on the 22nd day of June 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, Livingston Road IQ Water ASR System Well Below the USDW Bid No. 12 -5917 and Bid Date of July 13, 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.collierg_ov.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 Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed 3 Construction Services Agreement: Revised 311/2012 Packet Page -1443- 9/11/2012 Item 11.F. resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within One Hundred Twenty (120) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 12th day of July 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director 4 Construction services Agreement: Revised 311!2012 Packet Page -1444- 9/11/2012 Item 11.F. PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's ,discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term „ Bidding Documents „ includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid” shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 15 - 29 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 5 Construction Services Agreement: Revised 3/112012 Packet Page -1445- 9/11/2012 Item 11.F. 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. 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 Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 6 Construction Services Agreement: Revised 3/1/2012 Packet Page -1446- 9/11/2012 Item 11.F. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 if Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids . No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing 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 7 Construction Services Agreement: Revised 3/1/2012 Packet Page -1447- 9/11/2012 Item 11.17. 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. 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. 8 Construction Services Agreement Revised 3/1/2012 Packet Page -1448- 9/11/2012 Item 11.17. 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. 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 s Construction Services Agreement: Revised 311/2012 Packet Page -1449- 9/11/2012 Item 115. 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.collieraov.net/Index.aspx ?paste =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 (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /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. 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 10 Construction Services Agreement: Revised 3/1/2012 Packet Page -1450- and the lowest local bidder are in fact qualified Purchasing Department shall determine if the requirements of Section 287.087 F.S. 9/11/2012 Item 115. and responsive bidders. Next, the lowest local bidder meets the If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall irivite 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. 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 pernnit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate 11 Construction Services Agreement: Revised 3/112012 Packet Page -1451- 9/11/2012 Item 115. 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 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 12 Construction Services Agreement: Revised 3/1/2012 Packet Page -1452- 9/11/2012 Item 11.F. specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. 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." 13 Construction Services Agreement: Revised 3/1/2012 Packet Page -1453- 9/11/2012 Item 11.F. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER.000NTY, FLORIDA Livingston Road IQ Water ASR System Well Below the USDW BID NO. 12 -5917 Full Name of Bidder A.C. Schudes of Florida, Inc. Main Business Address 11865 US Hwy 41 Gibsonton, Florida. 33534 Place of Business Florida Telephone No. 813- 741 -3010 Fax No. 813- 741 -3170 State Contractor's License # CGC1516532 State of Florida Certificate of Authority Document Number P03000015991 Federal Tax Identification Number 141871186 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. 14 Construcflon Services Agreemerd: Revised 3/1/2012 Packet Page -1454- 9/11/2012 Item 115. ITS #12 -017 Livingston Road IQ Water ASR System Waq Below the USDW Bid Schedule 1 0t 1 Packet Page -1455- Item Description I Unit I ExdnuiesdQuant1tv I Cost I Amount Schedule 1: General 1.1 McblraMoMDemobrmalim Lump Sum 1 ` l J oo c 5 bcx3 .00 1.2 Performers ad Psymord Sara! Premiums Lump Sum 1 13,0M.00 13 OOMOD 1.3 IndemnHicafian Lumo Sun 1 t 100.00 100.00 Schedule 2: Well Construedon 2.1 Imtall Pad Mordmr Wels Cordu x 9ackgrourd•and W easy water Se AbendOnWeils Sum 1 S 1Q,WD.W 10000.00 22 Remove WeffhescL Assor.Wed Ptoim Electrical and tmmmnenta6Lump sum 1 - -ma S �fS 000 . .Q 2.3 DrB 8-4ch Plot Hale LF 920 S Z7.M 24,M.00 24 Ream 11 -Irch Bore Hole LF 570 $ 18.OD S 10160.00 2.5 FRP-installation LF 750 35.00 S 26 50.00 2.0 Sun 1 $ 1 000.00 3 12.11M.00 2.7 Groullnel Lump Sun 1 S 5 DW.00 51000.00 2.8 Stop Drewdown TeMIm Lumv Sun 1 s 5 OOD.00 I $ 5,000.00 2.11 FRP Pressure Test Sum 1 7OQ J 5Q Daa mo 210 ReetstaR Welhead Associated Pi ' 9edrical and Insmrmemstion Sun 1 G d DO6 S 116006 2.11 Well Canseuc0on Items Abomrce Time and Materials 1 s 50 000.00 s 50,0M.013 Schedule 3: Above Ground Yechenimi Modiflcadoro 3.1 Pressure Filter Mm Rye and Isolation Valve Lumo Sum 1 s 10.0m.00 3 10 000.00 3.2 Above Grderd Med®rscat Modifications Alowance TirrK and Materieie 1 S 2,M0.00 2.000.00 Schedule 4: ASR MW Discharge Pipeline 4.1 FurnLsh and Install ASR MW Discherne Pipeline Lump Sum 1 30.0m.00 30 D00.00 4.2 ASR MW Discharge Piveline Allowance Time and Materials 1 3,000-00 1 3 ODD.OD TOTAL BID PRICE FOR PROJECT 9 1 11 tia , a T4.00 1 0t 1 Packet Page -1455- 9/11/2012 Item 11.F. MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NOW RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and /or material is proposed and listed below and is not approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. 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. 16 construction Services Agreement: Revised 3/1 /2012 Packet Page -1456- 9/11/2012 Item 115. LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Cegory,pf,Wlari. Subcorrtractat andddless't t 1. Electrical Windemuller Technical Services, 7504 Pennsylvania Ave. 2. Well Drilling A.C. Schultes of Florida, Inc. 11865 US Hwy 41, Gibsonton 3. IdeX- surs that b rere than 10or that aff ical path of le 4. Idenl other subco ract that represe re than 10% of Wke or that affect a cal path oft schedule 17 Construction Services Agreement: Revised 3/1/2012 Packet Page -1457- 9/11/2012 Item 111. 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 Downtown RO Wellfield Test/Production 1 • Wells Construction and testing & Well No. C4 Rehabilitation - Sarasota, Florida Kevin Dorsey 813 -281 -8393 2 East County Wellfield Expansion - Manatee County Mr. Joe Recendes, PE 727 -442 -7195 g Edgehill Well EH2 Construction - Davenport, FL Mr. Michael Leffler, PE (863) 646 -1402 4 Monitor Well Construction to 2230 BLS - Daven Port, FL. Mr. Kevin Stover 352 - 796 -7211 5. 6. Coinpahy °'A Sp U - ofY;P(or�64,`Inc, is 866 4t'03bson #tits Sf� �tlare= Batt; 74 18 Construcllon Services Agreement: Revised 3/1/2012 Packet Page -1458- 9/11/2012 Item 115. 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) LF S 1. O.S.HA. LF 800 2 1600 2. 3. 4. 5. 19 Construction Services Agreement: Revised 111=12 Packet Page -1459- Adm *&afiMSensoivieion Pumh&GirV AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS SOLIcrrA N # 12 -5917 LMNGST6M1kOAD lQ WATER ASR SYSTEM WELL BELOW THE USDW (CHECK APP PRATE BOXES BELOW State of Florida Select County if Vendor is described as a Local Business ❑ Collier unty ❑ Lee Cou Vendor affirms that it is ocal business as defined by the Purchasing Policy of the Collier ounty Board of County Commissioners and the R ulations Thereto. As defined in Section XI of the Collier Co ty Purchasing Policy; A "local business" is defined as business that has a valid occupational license issu by either Collier or Lee County for a minimum of one (1) year pri to a Collier County bid or proposal submission at authorizes the business to provide the commodities or service to be purchased, and a physical business a ress located within the limits of Collier or tee Counties from which th vendor operates or performs business. ost Office Boxes are not verifiable and shall not be used for the purpose of as t lishing said physical address. In ad tion to the foregoing, a vendor shall not be considered a "local business" unless i ontributes to the economic dev pment and well -being of either Collier or Lee County in a verifiable and measurable y. This may include, but no a limited to, the retention and expansion of employment opportunities, the support and in ease to either Collier or ee County's tax base, and residency of employees and principals of the business withi • Hier or Lee Coun endors shall affirm in writing their compliance with the foregoing at the time of submitting their b or proposal to b eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in []Collier County or El Lee nty: Number of Employees (Including Owner(s) or Corpora Officer Number of Employees Living in [] Collier County Lee (Includi Owner(s) or Corporate Officers): If requested by the County, vendor will be required lxovide documentation stantiating the information given in this affidavit. Failure to do so will result in vendor' submission being deemed t applicable. Vendor Name: Collier or Lee County Address: Signature: Date: Title: STATE OF FLORIDA: ❑,eOLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscri�efore Me, a Notary Public, for the above State and County, on this Day of , 20 My /Notary Public Expires: (AFFIX C.`FICIAL SEAL) Packet Page -1460- Construction Services Agreement: Revised 1/1/2012 9/11/2012 Item 115. coter city AAcinwtistrs" Services Division Pumha*v Immigration Law Affidavit Certification Solicitation: 12 -5917 Livingston Road IQ Water ASR System Well Below the USDW 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 Profie 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 / Bidders proposal. Company Name A.C. Schultes of Florida, Inc. 11865 US Hwy 41, Gibsonton Print Name Greg Schultes Signature State of i On dC Title Vice President Date 7/13/12 County of M-" n ei The fo re goiw instrument was signed and acknowledged before me this _Aday of 20�, by D (print or type name) who has produced (type of identriication and number) as identification. ry Public Signature JILL M. VMNTERS 34 ComrrdssIm # EE ,Expires December 6, 2014 Printed Name of Notary Public� �1d0dTM T1°'F'"'lrs n4 ,,03'1 f �P Notary Commission Number /Expir tion — 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. 21 Construction Services Agreement Revised 11112012 Packet Page -1461- 9/11/2012 Item 11.F. Adffw**oM SaMc s Dusion COLLIER COUNTY SOUCITATIONs SuesTrruTE 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 if 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) Taxpayer Name A.C. Schultes on a Inc. on n - (as shown on income tax return) Business Name A C Schultes of Florida Inc 11865 US Hwv 41 Gibsonton (if dNferent from taxpayer name) Address 11867 US Hwy 41 City Gibsonton, FL 33534 State Florida Zip 33534 Telephone 813- 741 -3010 FAX 813 - 741 -3170 Email greg.acsfl @verizon.net Order Information Remit I Payment Information Address 11867 US Hwy 41 Address 11867 US Hwy 41 City Gibsonton, State FL. Zip 33534 City Gibsonton State FL Zip 33534 FAX 813 - 741 -3170 FAX 813- 741 -3170 Email greg.acsfl@verizon.net Email greg.acsfl @vedzon.net 2. Company Status (check only one) Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) C Enter the tax classification Q = Disregarded Entity, C = Corporation, P = Partnersh" ) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 14 1871186 endors 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, 1 cerfifythat the information shown on this form is correct to my knowledge. Signature i Date 7113/12 Title Vice President Phone Number 813- 741 -3010 22 Construction Services Agreement: Revised 1/1/2012 Packet Page -1462- 9/11/2012 Item 11.F. - ....... ............. . . . .- - ------ - - - - -- . - -.. . 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 Ninety (90) consecutive, calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfuliv Submitted: State of io f JA County of WIT6 Lva U� Greg Schultes being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Greg Schultes 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. 23 Construction services Agreement: Revised 11112012 Packet Page -1463- 9/11/2012 Item 11.F. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida which operates under the legal name of A.C. Schultes of Florida, Inc. 11865 US Hwy 41, Gibsonton and the full names of its officers are as follows: President John O'Brien, P.E. Secretary Jeff Dematte Treasurer Jeff Dematte Manager Greg Schultes The Manager is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken 4/3012009 a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co- Partnershig The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is _ operating under a trade name, said trade name is Packet Page -1464- and if 24 Construction Services Agreement: Revised 1/112012 9/11/2012 Item 11.17. Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from previous page. DATED. 7/13112 4;; Witness Witness STATE OF f-10 6dA-) COUNTY OF IN1QU1/I ��� legal entity BY: Greg Schultes Name of Bidder y Zl"'a e Vice President Title The foregoing instrument was acknowledged before me this 4 day of , 2012, by S as of �-� �L►1 or�du a �1�rA corporation, on behalf of the corporation. He/&1;4— is persona y _ now - to me or has produced AI as identification and did (met) take an oath. My Commission Expires: ( ghh a ure of Notary) NAME: CJ�)I m IVIb ►S (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of F— Commission No.: FE D�Ii M. .A JILL Camrrission # IE046834 • ash Expires December 6, 2014 �rj u.... ` suded T6m TmrFNnk=rw WDa6.r01Y 25 Construction Services Agreement: Revised 111/2012 Packet Page -1465- ---------- --- 9/11/2012 Item 11.F. - -- ------------ PIP 510"q A.C. Schultes of Florida, Inc. KNOW ALL MEN BY THESE. PRESENTS;, that \&* - ihe. P�Incjpo(�and` (b hereih aar (herein called the ,. . - Surety); a c. p.. r..p. or.aton I chartered and p: dptjng un4pr tho . lawsl o €: 'the State.0f. SD Wish its principal offices.lry e. city pf Sioux Faris and authoized to . do• business, ih the State of FL a held and flnT1y bound unto the Collier county (hereinaffer called the 0"wrier), in the: full and just sum of Five Percent (5%) of Total Bid Aollars good 4fid I,-4WfL'I i�ii ob demand a money of the United States. of A 'ericii, to b paid upon d m d of th - y , . . . M, � - Owhbr, to "which payment well and truly- to be; made, the Principal and the: Surety. -bind ihernse'lvea their and executors ; . ­ I. , apd. . 9 i. , administrators: and and firmly y th y Qsaprqspnts, Whereas,. the Principal is about. t . submit, or has submitted to the 0\.Ameri,, 41, Bid for furnishipig all labor, materials, eqIuipment'and incidentals- .pecess.aN'to. furnish.,, lhstallt W and fully dbinpiete the Work on the Projectkno w*n.*as Livingston 116ad IQ Water Awsyiaem well Below the USQW Bid NoY I . Z-5917 'NOW. THEREFORE'. if the Ow Bid o IN Owner -shall accept the of P R , Q I PAL. and the PRINCIPAL erif Mffi the -Owner and., in ton day! PAL %hall- enter into the required Agrpe after the date of .a written Notice of Award in accordance with the terms of such Bid,. and give- such bond OF bonds In an amount of 1.00%% the total Contract Aft-ioUntas speci led 1h: the Bidding Documents or Corifmci Documents with good and. sufficient surety for the. faithful perfbrmance,pf Ilbe Agreement -and for the,prompt Payment Of la bor materials-and supplies fuMish p ed. in the rosect4tion thereof or, in I tile: 'event of the failure, of thq PRINCIPAL to, e0te( into sudh Agreement' -or to give . such bond or bonds, and deliver to. .Owner the 're'qui'red certificates: of hsurante, if the .PRINCIPAL §hall.pay. to the OBLIGEE- the t.fixed. sum of 5%o Total Bid noted. above :as liquidated damages, and not as a ,penalty, as p mvided in the Bidding Documents; thls obligation shall,be null and %pid, other* n §e to remain i full force anti. effect., IN TESTIMONY Theteof, the Pdribipal grlq Surety have caused these pre :.s.ent$ to be duly signed this 13th day of July , 201-2. A.C. SCHULTIES OF FLORIDA, INC- Pdricipal BY (Seal) f4ESTERN URETY COMPANY Surety BY. --------- (Seal), unigan AtiG�n6y Countersigned' NA 26: Qorwtrucdon §emicas.Agrewnent Ikevised vlmm� Packet Page -1466- Luca!' F esident RTOducing Agent for The Simldss Agency, Inc. - 2 Paoli Office Park, Paoli Pa. 19301 ?,T CombUction Services Agreement Revised lh/2012: Packet Page -1467- POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN FACT Know An Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organ¢cd and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein of bCrA hereby maim, constitute and appoint William F Simk -iss, Richard J Decker, Daniel P Dungan, Joseph W Kolok Jr, Brian C Block, James L Hahn, Individually of Paoli, PA, its true and lawful Attorncy(s )-in -Fact with fide power and authority hereby conferred to sign, scat and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, arc hereby ratified and confirmed. This Power ofAttomey is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof; duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 21st day of June, 201 D. WESTERN SURETY COMPANY Paul 'r Bruflat, Senior Vice President State of South Dakota ss County of Minnchaha On this 21st day of June, 2010, before me personally came Paul T. Bruflat, tome known, who, being by me duly sworn, did depose and say. that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Via President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed xed pure ant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to tike authority, and acknowledges same to be the act and decd ofsaid corporation. My commission expires 744L44ti444 4 44 4 4 4 44 41t4ti1 4 j r D. KRELL f November 30, 2012 J SEAL NOTARY PUBLIC sEAL t J SOUTH DAKOtrA c i +444444444444444444.4Lrs1 � D. Kroll, No Public CERTIFICATE L L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinebove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 13th dayof July 201.2 'yea WESTERN SURETY COMPANY rig t L Nelson, Assistant Secretary - Form F42SM9 -06 Packet Page - 1468 - 9/11/2012 Item 11.F. 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 B. 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 cashiers check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The mailing envelope must be sealed and marked with: <*Bid Number; 12 -5917 <*Project Name; Livingston Road IQ Water ASR System Well Below the USDW <*Opening Date; July 13, 2012 at 3:00 PM. 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 A.C. Schultes of Fiorida, Inc. 11865 US Hwy 41, Bidde ame Y / e ?e .,�� Si lur e Date: 7113112 2s Construction Services Agreement: Revised 111/2012 Packet Page -1469- C'.di�er cbunCy Admir>isssalMe Services Dhilsion Purchasing Memorandum Date:. From: To: Subject: 9/11/2012 Item 115. Email: nicoleparker @colliergov.net Telephone: (239)252 -4270 FAX: (239)252 -6549 ADDENDUM #1 July 9, 2012 Nicole Parker Interested Bidders Addendum #1 Solicitation #12 -5917 Livingston Road IQ Water ASR System Below USDW The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: • Please seethe attached Collier County Noise Ordinance (16 pages) • Please see the attached Section 15100 — Valves and Appurtenances (10 pages) • Please see the attached clarification to the Contract Documents (3 pages) If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Alicia Abbott, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. AddendumTemplate Revised: 4/15/10 1 Packet Page -1470- 9/11/2012 Item 11.17. CORPORATE RESOLUTION The undersigned, as Secretary of A.C. Schultes of Florida, Inc. a corporation duly organized and existing under the laws of the State of Florida, hereby certifies that a meeting of the Board of Directors of said Corporation was duly called and held at its office at 664 S. Evergreen Ave. Woodbury Heights in the State of New Jersey, on the 30th day of April 2009, that at said meeting a quorum was present and voting throughout; and that the following resolution on motion duly made and seconded was unanimously adopted and will be effective the 30th day of April 2009, and is now in full force and effect: RESOLVED, that the following officers have authority to sign bids contracts on behalf of A.C. Schultes of Florida, Inc. President: John T. O'Brien Vice President: August C. Schultes, IV Vice President: Gregory L. Schultes Secretary/Treasurer: Jeffrey A. DeMatte I FURTHER Certify that there is no provision in the Certificate of Incorporation or By- Laws of the said corporation limiting the power of the Board of Directors to pass the foregoing resolution, and that the same is in conformity with the provisions of said Certificate of Incorporation and By -Laws. IN WITNESS WHEREOF, I have hereunto set my hand as Secretary of the said corporation and affixed the corporation. seal this 30th day of April 2009. jefa4y\A4ematte Secretary Packet Page - 1471 9/11/2012 Item 11.F. i —V ed. OW Company ID Number: 435806 To be acoepted as a participant in ErVerifg;. you should only sign the Employer's Section Of the signature pagd, if you have lay questions, obntlact - Verify at 88$- 464 - 421.8. Page 12 of 1a I E= verify MQU for Ermkr* I Revision Date 09104/08 www.dhs:govfE:Verlfy Packet Page -1472- kr Company ID Number: 435905 9/11/2012 Item 115. Gen North !p = 0,84g tion C . We i Adminldrator. Nurfiber. of.,VMployess. to 9 Number of Sites Verified .6 Y u v&.1ft&g, or more t W. an site? Q'f sites ,4V,.e'rw&d for 1h each gtkte: FLORIDA • 1. sitd(sj Infbirmation relating to the Program Adminfistrator(g) for your Company on policy queWdIns of bperationa(problernte Nap);: Gre L Sch Ito Tdle�h-qNurnber; SMI 13019 FwtNfimber (813) 741-3179 4,440 Address. CreZj#c&@v-Udn-net page 13 of 13 1 E-Verify MOU for Employer I Revision Date .09 /0`1109 www.dhs.go,vfEi-Verify Packet Page -1473- L 9/11/2012 Item 11.17. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with A.C. Schultes of Florida, Inc. ( "Contractor ") of 11865 US Highway 41, Gibsonton FL. 33534, a Florida corporation, authorized to do business in the . State of Florida, to perform all work ( "Work ") in connection with Livingston Road IQ Water-ASR System Well Below the USDW, Bid No. 12 -5917 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by CDM Smith, Inc., the Engineer and/or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and. Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits .described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision -, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: One Million Forty Two Thousand Fifty Dollars ($1,042,050.00).' 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 2s Construction Services Agreement: Revised 1/112012 Packet Page - 1474 - 9/11/2012 Item 115. 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.gov /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 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 Ninety (90) calendar days from the Commencement Date (herein Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein: In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Two Hundred Thirty Nine Dollars ($1,239.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is 30 Construction Services Agreement: Revised 1/112012 Packet Page -1475- 9/11/2012 Item 11.F. 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. 31 Construction Services Agreement: Revised 1/1/2012 Packet Page -1476- 9/11/2012 Item 115. 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 L Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by CDM Smith, Inc. and identified as.follows: Project Manual dated June 2012 as shown on Plan Sheets 1 through 38. Exhibit N: Contractor's List of Key Personnel 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: Alicia Abbott, Project Manager. Collier County Public Utilities Department 3339 Tamiami Trail East, Suite 303 Naples, FL. 34112 Phone: 239- 252 -5334 Fax: 239 -252- 6453 Email: aliciaabbott(t)colliergov.net 32 Construction Services Agreement: Revised 1/1/2012 Packet Page -1477- 9/11/2012 Item 11.F. 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: Greg Schultes, Vice President A.C. Schultes of Florida, Inc. 11865 US Highway 41 Gibsonton, FL 33534 Phone: 813 - 741 -3010 Fax: 813- 741 -3170 Email: Grea.acsfl(aD-verizon. net 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. 33 Construction Services Agreement: Revised 111/2012 Packet Page -1478- 9/11/2012 Item 115. 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 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. 34 Construction Services Agreement: Revised 1/1/2012 Packet Page -1479- 9/11/2012 Item 11.F. 35 Construction Services Agreement: Revised 1/1/2012 Packet Page -1480- 9/11/2012 Item 115. 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNESS TypelPrint Name SECOND WITNESS Type /Print Name Date: ATTEST: Dwight E. Brock, Clerk BY: Approved As To Form and Legal Sufficiency: CONTRACTOR: A.C. SCHULTES OF FLORIDA, INC. Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Print Name: q'P Assistant County Attorney BY: Fred W. Coyle, Chairman ConstvuoWn Services Agreement: Revised 1 /12uic Packet Page -1481- 9/11/2012 Item 11.F. EXHIBIT A 1: PUBLIC PAYMENT BOND Livingston Road IQ Water ASR System Well Below the USDW KNOW ALL MEN BY THESE PRESENTS: That Bond No. Contract No. 12 -5917 , 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 2012, 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. !N' WITNESS WHEREOF, the above parties have executed this instrument this - day of 2012, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. 37 Construction Services Agreement: Revised 1/1/2012 Packet Page -1482- Signed, sealed and delivered in the presence of: Witnesses as to Principal PRINCIPAL BY: NAME: ITS: 9/11/2012 Item 11.F. 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 ►N (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) 38 Construction Services Agreement: Revised 1/1/2012 Packet Page -1483- K- Witnesses 9/11/2012 Item 11.F. 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 2012, 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) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: 39 Construction Services Agreement: Revised 1/1/2012 Packet Page -1484- 9/11/2012 Item 115. EXHIBIT A 2: PUBLIC PERFORMANCE BOND Livingston Road IQ Water ASR System Well Below, the USDW KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Bond No. 12 -5917 Contract No. 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 2012, with Obligee day of for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. 40 Construction Services Agreement: Revised 1/1/2012 Packet Page - 1485 - 9/11/2012 Item 115. 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 , 2012, 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 Witnesses as to Principal 3'j NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ 2012, by of corporation, on behalf of the corporation. personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: day of as a He /she is 41 Construction Services Agreement: Revised 1/1/2012 Packet Page -1486- ATTEST: SURETY: Witnesses as to Surety Witnesses (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 115. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2012, 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.: 42 Construction Services Agreement: Revised 1/1/2012 Packet Page -1487- 9/11/2012 Item 115. 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. 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 solicitations 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 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 coverage(s) purchased or the insurance 43 Construction Services Agreement: Revised 1/1/2012 Packet Page -1488- 9/11/2012 Item 115. 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. 44 Construction Services Agreement: Revised 1/1/2012 Packet Page -1489- 9/11/2012 Item 11.F. Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. Z Employer's Liability 3. ® Commercial General Liability (Occurrence Form) patterned after the current ISO form $1,000,000 single limit per occurrence Bodily Injury and Property Damage $1,000,000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability 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 ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified parry 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 Packet Page -1490- $ Per Occurrence 45 Construction Services Agreement: Revised 1/1/2012 9/11/2012 Item 11.F. ❑ Valuable Papers Insurance $ Per Occurrence 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 borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-' or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® 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 Date Telephone Number Packet Page -1491- 46 Construction services Agreement: Revised 1/112012 9/11/2012 Item 11.F. EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 1 2012 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 2012, by , as of I , 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) NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Packet Page -1492- 47 Construction Services Agreement: Revised 1/1/2012 9/11/2012 Item 115. 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: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date) $ and stored to Date $ Retainage @ _% after [insert date] $ = Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % 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) Packet Page -1493- 48 Construction Services Agreement: Revised 1/1/2012 Packet Page -1494- 9/11/2012 Item 1].F. � | | ƒ § ) $ ) §] k . a §) §m �_ ma CM }� |§ a <� \/ &� - ®f % )/ a� ]e ) G) �m= .)§ 2 2 9- M2 k k LLJ {� LU 2 M R) a.0 \D #w�§ is 0 - e F!a$o ¥oo °( �S ®® $2 � «£ / / �\ ®« §/ m$ D � \ § _ /kz 0 C. )\ — »§ � IL �\ L) 0§ w �\ D )§ $r w e R3 7 /A /{ �@ ®; CD CL , e 4t 2 k/ )j )® }� <-06 0 - — §__ CL b@= 2#® 'Er_ § \{) ( ) %£ ) { e /¢] } ® Cl- Cl _M \ 2 Sn 0 M If C k a2 En m 2 j = / �( 2 u Z . 5 Packet Page -1494- 9/11/2012 Item 1].F. � | | ƒ § ) $ ) �l m Q ro E `0 U- `o d d m m 0 r b C O U_ ❑ 72 X W Packet Page -1495- 9/11/2012 Item 115. O N L O N N W j N E a� d rn N N cn 0 N C O U O d C Nl m c R' m M O N ❑ ;a o. � N C L y U 3 m .2 > N N � — M -0 0 m •c > d m•a,a �:E >, .c y y Q O y > U C1 0 m � V � O C Z 0 O �L v Q� 0 d R Packet Page -1495- 9/11/2012 Item 115. O N L O N N W j N E a� d rn N N cn 0 N C O U EXHIBIT E: CHANGE ORDER TO: Project Name: _ Bid No.: Change Order No.: Change Order Description Original Agreement Amount ................... Sum of previous Change Orders Amount This Change Order Amount ................... Revised Agreement Amount ................... 9/11/2012 Item 11.17. FROM: Collier County Government Construction Agreement Dated: Date: ........................... $ ....... ............................... $ ......... I ....................... $ ....... I .............................. $ 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: 51 Construction Services Agreement: Revised 1/1/2012 Packet Page -1496- 9/11/2012 Item 11.F. Director (For use by Owner: Fund Cost Center: Object Code: Project Number: ) 52 Construction Services Agreement: Revised 1/1/2012 Packet Page -1497- EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. 9/11/2012 Item 11.F. 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: 53 Construction Services Agreement: Revised 1/112012 Packet Page -1498- 9/11/2012 Item 11.F. 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 2012 Design Professional By. Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on OWNER. By: Type Name and Title 2012 2012 54 construction Services Agreement: Revised 1/1/2012 Packet Page -1499- 9/11/2012 Item 11.F. EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: 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: 2012 Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety, received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 11 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 55 Construction Services Agreement: Revised 1/1/2012 Packet Page -1500- 9/11/2012 Item 11.F. Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) 56 Construction Services Agreement: Revised 1/1/2012 Packet Page -1501- 9/11/2012 Item 11.F. 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 shove 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; 57 Construction Services Agreement: Revised 1/1/2012 Packet Page -1502- 9/11/2012 Item 115. availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub- Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all" other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents), 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 58 Construction Services Agreement: Revised 111/2012 Packet Page -1503- 9/11/2012 Item 11.F. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 59 Construction Services Agreement: Revised 111/2012 Packet Page -1504- 9/11/2012 Item 11.F. 4.3 Contractor shall submit all Applications for Payment to Jason Sciandra, CDM Smith, Inc., located at 2180 West First Street, Ft. Myers, FL. 33901. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held 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. 60 Construction Services Agreement: Revised 1/1/2012 Packet Page -1505- 9/11/2012 Item 115. owl 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 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: 5.1 The Project Manager may decline to portions thereof, because of subsequently inspections that reveal non - compliance with Manager may nullify the whole or any part approve any Application for Payment, or discovered evidence or subsequent the Contract Documents. The Project of any approval for payment previously 61 Construction Services Agreement: Revised 1/1/2012 Packet Page -1506- 9/11/2012 Item 115. issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 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 furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of 62 Construction Services Agreement: Revised 1/1/2012 Packet Page -1507- 9/11/2012 Item 111. 0000wl Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project 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 63 Construction Services Agreement: Revised 1/1/2012 Packet Page -1508- 9/11/2012 Item 115. the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS- 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 64 Construction Services Agreement: Revised 1/1/2012 Packet Page -1509- 9/11/2012 Item 11.F. 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be -given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent 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. 65 Construction Services Agreement: Revised 1/1/2012 Packet Page -1510- 9/11/2012 Item 115. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement-of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 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 ss Construction Services Agreement: Revised 1/1/2012 Packet Page -1511- 9/11/2012 Item 11.F. shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor 'are unable to agree on a. Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change., In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup . for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub- subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 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 67 - Construction Services Agreement: Revised 1/1/2012 Packet Page -1512- 9/11/2012 Item 11.F. Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 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 sa Construction Services Agreement: Revised 1/1/2012 Packet Page -1513- 9/11/2012 Item 11.F work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 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 ail 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 69 Construction Services Agreement: Revised 1/1/2012 Packet Page -1514- i 9/11/2012 Item 11.F. extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://www.dhs.,gov/E-Veri . It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 70 Construction Services Agreement. Revised 1/1/2012 Packet Page -1515- 9/11/2012 Item 11.F. 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 sea. 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. 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. 71 Construction Services Agreement: Revised 1!1/2012 Packet Page -1516- 9/11/2012 Item 11.F. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such, longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and 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. 72 Construction Services Agreement: Revised 1/1/2012 Packet Page -1517- 9/11/2012 Item 11.F. 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. 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 73 Construction Services Agreement: Revised 1/1 /2012 Packet Page -1518- 9/11/2012 Item 11.F. procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date. of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its 74 Construction Services Agreement: Revised 1/1/2012 Packet Page -1519- 9/11/2012 Item 115. recommendations. Unless and until the Owner is completely satisfied, neither the final I 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 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, 75 Construction Services Agreement: Revised 1/1/2012 Packet Page -1520- 9/11/2012 Item 115. 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 correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, 76 Construction Services Agreement: Revised 1/1/2012 Packet Page -1521- 9/11/2012 Item 11.F. ,olll 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 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 77 Construction Services Agreement: Revised 1/1/2012 Packet Page -1522- 9/11/2012 Item 111. 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 5.8, 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. 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. 78 Construction Services Agreement: Revised 1/1/2012 Packet Page -1523- 9/11/2012 Item 11.F. 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; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 7s Construction Services Agreement: Revised 1/1/2012 Packet Page -1524- 9/11/2012 Item 115. 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; 80 Construction Services Agreement: Revised 1/1/2012 Packet Page -1525- 9/11/2012 Item 11. F. 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. 81 Construction Services Agreement: Revised 1/1/2012 Packet Page -1526- 9/11/2012 Item 111. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department- of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.net/purchasing. 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 82 Construction Services Agreement: Revised 1/1/2012 Packet Page -1527- 9/11/2012 Item 11.F. and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those 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 83 Construction Services Agreement; Revised 1/1/2012 Packet Page - 1528 - 9/11/2012 Item 11.F. work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) 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. sa Construction Services Agreement: Revised 1/1/2012 Packet Page - 1529 - 9/11/2012 Item 11.F. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit, 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 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 85 Construction services Agreement: Revised 1/112012 Packet Page -1530- 9/11/2012 Item 11.F. 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. 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 as Construction Services Agreement: Revised 1/1/2012 Packet Page -1531- 9/11/2012 Item 11. F. limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND /UNDERGROUND TANKS. An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the 'County prior to installation or closure of the tank. The Pollution Control Department (239- 252 - 2502), via contract GC -690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the `county' local program thirty (30) days prior to installation and again forty -eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty -eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation /closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor /project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with. your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 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 e7 Construction Service's Agreement: Revised 1/112012 Packet Page -1532- 9/11/2012 Item 11.17. 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. 88 Construction Services Agreement: Revised 1/1/2012 Packet Page -1533- 9/11/2012 Item 11. F. EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ 89 Construction Services Agreement: Revised 1/1/2012 Packet Page -1534- 9/11/2012 Item 11.F. EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http:l /bid.colliergov.netibid/ 90 Construction Services Agreement: Revised 1/1/2012 Packet Page -1535- 9/11/2012 Item 11.F. EXHIBIT K: PERMITS Supporting documents found at: http: / /bid.colliergov.netibidl 91 Construction Services Agreement: Revised 1/1/2012 Packet Page -1536- 9/11/2012 Item 11.F. EXHIBIT L: STANDARD DETAILS Supporting documents found at: http: / /bid.colliergov.net/bid/ 92 Construction Services Agreement: Revised 1/1/2012 Packet Page -1537- 9/11/2012 Item 11.F. EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ 93 Construction Services Agreement: Revised 1/1/2012 Packet Page -1538- 9/11/2012 Item 11.F. EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Greg Schultes Packet Page -1539- Personnel Category Construction Manager 94 Construction Services Agreement: Revised 1/1/2012 cofnr County Administmhe S eNioes Division Purchasing; Memorandum 9/11/2012 Item 11.F. Email: nicoleparker @colliergov.net Telephone: (239)252 -4270 FAX: (239)252 -6549 ADDENDUM #1 Date: July 9, 2012 From: Nicole Parker To: Interested Bidders Subject: Addendum #1 Solicitation #12 -5917 Livingston Road IQ Water ASR System Below USDW The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: • Please seethe attached Collier County Noise Ordinance (16 pages) • Please see the attached Section 15100 — Valves and Appurtenances (10 pages) • Please see the attached clarification to the Contract Documents (3 pages) If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Alicia Abbott, Project Manager AddendumTemplate Revised: 4/15110 1 Packet Page -1540- Municode 9/11/2012 Item 115. 1 Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 54 - ENVIRONMENT >> ARTICLE IV. - NOISE >> ARTICLE IV. - NOISE Sec. 54 -81. -Title and citation. Sec. 54 -81 - Definitions. Sec. 54 -83. - Reserved. Sec. 54 -84. - Additional remedies. Sec. 54 -85. - Findings and purpose. Sec. 54 -86. - Applicability. Sec. 54 -87. - Exemptions. Sec..54 -88. - Community event permits. Sec. 54 -89. - Right to appeal. Sec. 54 -90. - Violations: penalties: enforcement. Sec. 54 -91. - Prohibitions. Sec. 54 -92. - Maximum permissible sound levels. Sec. 54 -93. - Noise violations that do not require use of testing equipment, Sec. 54 -94. - Use of loudspeakers. Secs. 54 -95-54 -115. - Reserved. Sec. 54 -81. - Title and citation. This article shall be known and may be cited as the "Collier County Noise Control Ordinance ". (Ord. No. 90 -17, § 2) Sec. 54 -82. - Definitions. The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agricultural Zone means any geographic area designated for agricultural activities by the zoning authority having jurisdiction over such area. Ambient Noise means the all encompassing noise associated with a given environment, being usually a composite of sound from many sources near and far. Ambient Sound Level means the A- weighted or C- weighted Sound Level of the Ambient Noise at a given location. Amplified Sound means use of a public address system, loudspeaker, amplifier or any other device which electronically or mechanically augments the volume of sound. For purposes of this Ordinance, Amplified Sound does not include Background Music. http: // library .municode.com /print.aspx ?cli Packet Page - 1541- Request= http %3a %2f%2fli... 5/24/2012 Municode 9/11/2012 Item 11.F. ANSI means the American National Standards Institute. A- Weighted Sound Level dB(A) means the sound pressure level in decibels as measured on a Sound Level Meter using the A- weighting network. The level so read is designated dB(A). Background Music means any music or other Sound played in a public or private space whose main function is to create an atmosphere suitable to a specific occasion, rather than to be listened to. Background Music shall normally generate Sound Levels no higher than 45 dB(A) at any location on the property where it is being played. Commercial Zone means any geographic area designated for commercial or professional activities by the zoning authority having jurisdiction over such area. Community Event means any cultural, sporting, historical or traditional observance, holidays and ceremonies, parades and concerts open to the public, including events operated for profit or for which admission is charged. Construction means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or on any public or private right -of -way, structures, utilities or similar property. Continuous Noise means a noise whose sound pressure level exceeds the Ambient Sound Level and remains essentially constant in level during the period of observation. County Code Enforcement Department means the designated authority charged with administration of this Ordinance and enforcement in addition to enforcement by the County Sheriffs Office. C- weighted Sound Level, dB(C) means the sound pressure level in decibels as measured on a Sound Level Meter using the C- weighting network. The level so read is designated dB(C). Decibel (dB) means a logarithmic unit of measurement that expresses the magnitude of a physical quantity relative to a specified or implied reference level. Since it expresses a ratio of two quantities with the same unit, it is a dimensionless unit. In the case of this Noise Ordinance, a Decibel means a unit for measuring the amplitude of sound, equal to 20 times the base ten logarithm of the ratio of the measured sound pressure to the reference pressure, which is 20 microPascals. Generally, higher decibel levels represent louder sounds. Emergency means an occurrence or set of circumstances involving actual or imminent physical trauma or property damage or loss, which demands immediate action. Emergency Work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an Emergency. Equipment includes, but is not limited to, air conditioning unit, heating unit, pump, fan, generator, utility facility, and any other substantially similar item, operating in http: // library .municode.com /print.aspx ?cli Packet Page -1542- Request= http %3a %2f%2fli... 5/24/2012 Municode 9/11/2012 Item 115. accordance with its manufacturer's specifications, large or small, commercial or non- commercial, whether or not a fixture. Equivalent A- weighted or C- weighted Sound Level, Leq,A or Leq, C means the constant Sound Level that in a given situation and time period, coveys the same sound energy as the actual time - varying A- weighted or C- weighted sound. For the purposes of this Ordinance, a minimum measurement time period of one minute shall be used, unless otherwise specified. Hertz (Hz) is the unit of measure of the frequency of sound. One Hertz equals one cycle per second. The audible frequency range for normal human hearing is , between 20 Hertz and 20,000 Hertz. The higher the frequency (measured in Hertz), the higher the pitch of the sound. Impulsive Sound means a sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. Industrial Zone means any geographic area designated for industrial or manufacturing activities by the zoning authority having jurisdiction over such area. Intermittent Noise means a noise whose sound pressure level exceeds the Ambient Level at either regular or irregular intervals. Mixed -Use Project means a development or structure characterized by the use or occupancy of any geographic area, determined by reference to tract boundary, designated for both residential and nonresidential purposes by the zoning authority having jurisdiction over such area. Motor Vehicle means any self - propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistance mobility device, or moped. Many vehicles are not motor vehicles. Multifamily Dwelling means any building or structure containing two or more residences, each occupied in whole or in part as the temporary or permanent residence of one or more natural persons. Noise means any sound which annoys or disturbs, or which causes or tends to cause an adverse psychological or physiological effect on humans. Noise Level means the sound pressure level as measured in dB(A) unless otherwise specified. Person means any individual natural person, public or private corporation, firm, association, joint venture, partnership, or any other entity whatsoever or any combination of such, jointly and severally. Person shall include any owner, agent, or employee of a business establishment or other entity. Property Boundary means the Real Property Line of any real property. Pure Tone means any Sound consisting of a single frequency. For the purposes of measurement, a Pure Tone shall exist if the one -third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure http: // library .municode.com /print.aspx ?cli Packet Page -1543- Request= http %3a %2f%2fli... 5/24/2012 Municode 9/11/2012 Item 115. levels of the two contiguous one -third octave bands by five dB for center frequencies of 500 Hz and above; by eight dB for center frequencies between 160 and 400 Hz; an_ d by fifteen dB for center frequencies less than or equal to 125 Hz. Real Property Line means an imaginary line along the ground surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intrabuilding real property divisions. Residential Zone means any geographic area designated for single or Multifamily Dwelling by the zoning authority having jurisdiction over such area. Road means the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to public use for vehicular traffic, and every private way or private place over which the Sheriffs Office has traffic control jurisdiction under a F.S. § 316.006(3)(b), traffic control assignment. RMS Sound Pressure means the square root of the time averaged square of the sound pressure, denoted Prms. Sheriffs Office means the Collier County Sheriffs Office. Sound means an oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may, include any characteristic of such sound including duration, intensity and frequency. Sound Level means the weighted sound pressure level obtained by the use of a Sound Level Meter and frequency - weighting network, such as A or C, as specified in the latest revision of the ANSI Standard S1.4, "Specification for Sound Level Meters ". If the frequency weighting employed is not indicated, the A- weighting shall apply. Sound Level Meter means an instrument used for the measurement of sound pressure level, A- weighted Sound Level, or C- weighted Sound Level. Any Sound Level Meter used to determine compliance with this Ordinance shall meet or exceed the requirements for Type 2 Sound Level Meter in accordance with the latest revision of ANSI Standard S1.4, "Specification for Sound Level Meters ". To be valid, readings from a Sound Level Meter shall be properly calibrated prior to each set of readings per the manufacturer's specifications. Sound Pressure means the instantaneous difference between the actual pressure and the average or barometric pressure of a given point in space, as produced by sound energy. Sound Pressure Level means 20 times the base 10 logarithm of the ratio of the RMS sound pressure to the reference pressure of 20 microPascals. The sound pressure level is denoted Lp or SPL and is expressed in decibels. Vehicle, which also includes all motor vehicles, means every device in, upon, or by which any individual or property is or may be transported or drawn upon roadway (excepting devices used exclusively upon stationary rails or tracks), including but not limited to automobiles, commercial motor vehicles, trucks, tandem trailer trucks, trailers, http: // library .municode.com /print.aspx ?cli Packet Page -1544- Request4ttp %3a %2f /o2fli... 5/24/2012 Municode 9/11/2012 Item 11.F. semi - trailers, buses, motorcycles, tractors, farm labor vehicles, all- terrain vehicles, two - rider all- terrain vehicles, mopeds, go -carts, maxi -cube vehicles, motorized scooters, motorized bikes, and bicycles, whether moving or stationary. (Ord. No. 90 -17, § 5; Ord. No. 93 -77, § 2; Ord. No. 07 -61, § 1; Ord. No. 2008 -68, § 4) Cross reference— Definitions generally, § 1 -2. Sec. 54 -83. - Reserved. Editor's note— Ord. No. 2008 -68, § 10, adopted Dec. 16, 2008, renumbered former 4 54 -83, entitled "violations; penalties; enforcement', as § 54 -90 Sec. 54 -84. - Additional remedies. (a) In addition to the criminal penalties provided for herein, the Board of County Commissioners is hereby authorized to institute any appropriate action or proceeding, including an action at law for damages or a suit for injunctive relief in order to prevent or abate violations of this article. For the purposes of this article, the emission of any sound or the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this article which endangers the comfort, repose, health and peace of residents of the County is declared to be a public nuisance. (b) Nothing in this section shall be construed to prohibit the County from prosecuting any violation of this article by means of a code enforcement board established pursuant to the authority of F.S. ch. 162. Nothing herein shall be construed to limit any private right of action. (Ord. No. 90 -17, § 12) Sec. 54 -85. - Findings and purpose. (a) The Board of County Commissioners finds and determines that noise level emissions in excess of the requirements established in this article are potentially harmful and injurious to the public health, safety and welfare, and unreasonably interfere with the enjoyment of life and property in the County. (b) It is therefore the purpose of this article to eliminate, regulate or restrict sources and occurrences of amplified sound or noise at decibel levels or frequencies and intensities which are contrary to the public welfare, constitute a nuisance to the public at large and degrade the quality of life. It is declared that the provisions and prohibitions hereinafter contained and enacted are for the purpose of securing and promoting public health, comfort, convenience, safety and welfare, and the peace and quiet of the County and the inhabitants therein. (Ord. No. 90 -17, § 1; Ord. No. 93 -77, § 1; Ord. No. 07 -61, § 2) Sec. 54 -86. - Applicability. All territory within the legal boundaries of the unincorporated area of the County shall be embraced by the provisions of this article. Noises originating in an area not embraced by the provisions of this article which emanate into an area embraced shall constitute a violation of this section. (Ord. No. 90 -17, § 3) http: // library. municode .com /print.aspx ?cliPacket Page - 1545 - Request = http %3a %2f /o2fli... 5/24/2012 Municode Sec. 54 -87. - Exemptions. 9/11/2012 Item 11.17. The following uses and activities shall be permitted under this Ordinance and are exempt from the Sound Level limits set forth in subsection 6.6: A. Construction operations for which building permits have been issued, or construction operations not requiring permits due to ownership of the project by an agency of government; providing all equipment is operated in accord with the manufacturers' specifications and with all standard equipment, manufacturers' mufflers and noise reducing equipment in use and in proper operating condition, and is operated in compliance with subsection 6.17 hereof. B. Noises of safety signals, warning devices, and emergency pressure relief valves. C. Noises resulting from reasonable use of bells and chimes, such as those from churches. D. Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of Emergency. E. Noises resulting from Emergency Work. F. Noises resulting from equipment or operations incidental to the emergency repair or restoration of services such as public utilities or other Emergency activities in the public interest. G. Any other Noise resulting from activities of a temporary duration permitted by law and for which permission has been granted by the County Manager or designee in accordance with this Ordinance. H. Noises made by persons having obtained a permit to use the streets. I• All Noise coming from the normal operations of aircraft (not including scale model aircraft), including Noise from mosquito fogging aircraft, and from the normal operations of airports within the County. J. Motor vehicles used on public roadways, as defined in F.S. §§ 316.293(2)(a), (b) and (c). K. Ordinary noise created by the normal operation of railways. L Operation of Equipment or conduct of activities normal to residential or agricultural communities such as lawn care, soil cultivation, domestic power tools, lawn mowers, maintenance of trees, hedges, gardens, refuse collection, agricultural equipment, saws and tractors, street sweepers, mosquito fogging, tree trimming and limb chipping and other normal community operations, between the hours of 7:00 a.m. to 10:00 p.m. M. Exception for existing operations. An exception to the Sound Level limits contained in Section Six, Table 1, shall be permitted where a commercial use or other non - residential use had in prior years established its place of business in an area away from a residential use, and through subsequent development or rezoning, now finds itself adjoining a Residential Zone. In these instances, the Sound Level limits in Table I pertaining to the previously existing zoning or use category shall apply, and the commercial use or other nonresidential use shall not be required to meet those Sound Level limits pertaining to residential zoning or use. N. The reasonable use of the unamplified human voice. O. Noise resulting from regular maintenance testing of standby emergency power generators, provided that any sound attenuation provided by the manufacturer is http: // library .municode.com /print.aspx ?cli Packet Page - 1546 - Request= http %3a %2f /o2fli... 5/24/2012 Municode 9/11/2012 Item 11.F. retained, and provided that the noise occurs between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday, excluding holidays stated in subsection 6.F.2.a hereof. The frequency of maintenance testing and the duration of each test shall be no more frequent and not longer in duration than thirty (30) minutes once a week. P. Authorized School, Park or Playground Activities. Sounds emanating from any authorized playground or school sporting event, entertainment event, or authorized event at a public or private school, park, or playground, provided the sounds therefrom conform to the official authorization granted to conduct that event. Q. Raceway Facilities and Activities at the Immokalee Regional Airport. This Ordinance shall apply to the existing one - eighth mile drag strip at the Immokalee Regional Airport and shall continue to apply thereto unless and until different noise levels may be determined by means of the following permitting processes. This Ordinance does not establish any Sound Level standards that are to apply to any future racing facilities or activities hereafter located at the airport. If additional raceway facilities are authorized at that airport, the Sound Level standards that shall apply thereto shall be determined by and during the permitting processes that authorize such future facilities and /or activities. The Board shall have final approval authority of the applicable Sound Levels after public hearing thereon. Those new Sound Level standards shall then be applied equally to the one- eighth mile drag strip. Those new Sound Level standards can exceed, but shall not be stricter than, the Sound Level limits now specified in this Ordinance, and shall be determined by and during the permitting processes that authorize such future facilities and/or activities. Such standards shall be described in terms of A- weighted and C- weighted Sound Level testing under Table I, and there shall be no time averaging of any of those sounds. Notwithstanding any other then existing enforcement alternatives, those standards, once established, shall be enforceable by applying this Ordinance. R. Noise from Swamp Buggy events. Noise associated with allowable events emanating from the current location of the Swamp Buggy Recreation and Sports Park, including but not limited to, motor racing, tractor pulls, festivals and music concerts, Developers of parcels that adjoin the Swamp Buggy Recreation and Sports Park, or parcels that would otherwise be substantially affected by the noise generated by the Swamp Buggy Recreation and Sports Park, must provide both actual and recorded notice to all prospective residents within such properties of this exemption, in a form to be approved by the County. S. Noise associated with the discharge of firearms. (Ord. No. 90 -17, § 8; Ord. No. 93 -77, § 5; Ord. No. 00 -68, § 3; Ord. No. 07 -61, § 3; Ord. No. 2008 -68, § 6; Ord. No. 2010 -16, § 1; Ord. No. 2011 -33, § 1) Sec. 54 -88. - Community event permits. The County Land Development Code contains the requirement for and process related to Community Event Permits. (Ord. No. 90 -17, § 9; Ord. No. 93 -77, § 6; Ord. No. 00 -68, § 4; Ord. No. 2008 -68, § 7) Sec. 54 -89. - Right to appeal. http: // library .muni6ode.com /print.aspx ?cli Packet Page -1547- Regnest= http %3a %2fti/o2fli... 5/24/2012 Municode 9/11/2012 Item 115. Any person aggrieved by the denial of his application for a permit, or revocation of an existing permit, by the County Manager, or designee, may appeal such denial or revocation to the Board of County Commissioners. Such appeals shall be taken within 30 days from the date of denial or revocation by filing with the County Manager written notice specifying the grounds thereof. Due public notice of the hearing on the appeal shall be given. (Ord. No. 90 -17, § 11; Ord. No. 93 -77, § 8; Ord. No. 2008 -68, § 9) Editor's note— Ord. No. 2008 -68, § 8, adopted Dec. 16, 2008, deleted formers 54-89, which pertained to waivers and derived from Ord. No. 90 -17, § 10; and Ord. No. 93 -77, § 7. Section 9 of Ord. No. 2008 -68 renumbered provisions of former � 54 -90 as 4 54 -89 as set out herein. Sec. 54 -90. - Violations; penalties; enforcement. A. Any person violating any of the provisions of this Ordinance shall, upon adjudication of a violation by the Code Enforcement Board, Special Magistrate, or court of competent jurisdiction, be subject to a fine not exceeding $500.00, as follows: First Violation $100.00 fine econd Violation $250.00 fine hird or more Violation $500.00 fine Each incident of violation shall constitute a separate offense and shall be punishable as such hereunder. Any person who continues to violate the provisions of this Ordinance after having been previously cited, may be subject to further citations. B. Upon adjudication by the Code Enforcement Board, Special Magistrate, or court of competent jurisdiction of three violations of this Ordinance for the same offense within a 12 -month period, when the offending Sound is created by the same Sound emitter, the noise creating equipment may be confiscated by the Code Enforcement Board, Special Magistrate, or court following the third adjudication of violation, until such time as the offender can satisfy the Code Enforcement Board, Special Magistrate, or court that he or she is prepared to and, in fact, will operate said equipment within the limits of this Ordinance. Further adjudications of violation thereafter shall be grounds for permanent confiscation by the Code Enforcement Board, Special Magistrate or court. C. The owner of property, a tenant, a lessee, a manager, employee, an overseer, an agent, corporation or any other person or persons entitled to lawfully possess or who claims lawful possession of such property involved at a particular time shall each be responsible for compliance with this Ordinance and each may be punished for violation of this Ordinance. D. It shall not be a lawful defense to assert that some other person caused such sound but each lawful possessor or claimant of the premises shall be responsible for operating or maintaining such premises in compliance with this Ordinance and the offending act shall be punishable whether or not the person actually causing such sound is also punished. E- The County Sheriff or designee or any other authorized enforcement agency is empowered to investigate any situation where a person, business or other establishment is alleged to be in violation of this Ordinance. If the Sheriff or designee or other authorized enforcement agent encounters a circumstance which reasonably http: // library .municode.com /print.aspx ?cli Packet Page -1548- Request= http°'03a %2f%2fli... 5/24/2012 Municode 9/11/2012 Item 11.F. indicates that a person is in violation of this Ordinance, or where the Sheriff or designee or other authorized enforcement agent responds to complaints regarding Amplified Sound or nonamplified music from any area for which an Annual Sound Permit has been issued, he may administer a test with a Sound Level Meter and ascertain whether a violation of this Ordinance has occurred. If the result of the test indicates a violation of this Ordinance, the Sheriff or designee or other authorized enforcement agent is authorized to demand that the violative sound cease, and to issue a citation or notice to appear to the person producing, causing to be produced, or allowing to be produced the Amplified Sound. F. In addition to the foregoing provisions, the following enforcement procedures shall apply where an annual permit is required pursuant to Section Six: (1) Upon the first violation of the annual permit the County Code Enforcement Department or Sheriffs Office may issue a verbal or written warning, if one has not been previously issued by another authorized enforcement agency, and upon the second violation or any subsequent violations within a 24 -hour period a written citation may be issued. Any violations for which a written citation has been issued may be referred to the County Code Enforcement Board, Special Magistrate, or to a court of competent jurisdiction, in accordance with the procedures set forth in County Ordinance No. 2007 -44, the "Consolidated Code Enforcement Ordinance ". (2) If cited to the Code Enforcement Board or Special Magistrate, the Code Enforcement Board or Special Magistrate shall conduct a hearing and provide for and enforce such penalties as provided by law. (3) In addition to the authority of the Code Enforcement Board or Special Magistrate to impose fines and other penalties, the person, business establishment or other entity causing or allowing to be caused the violative sound may be subject to civil ands -or criminal penalties as provided by this Ordinance upon conviction by a court of competent jurisdiction. G. Statutory Vehicle Related Noise Violations. Motor vehicle noise prohibited by F.S. § 316.272, (excessive or unusual noise from motor vehicle exhaust system), or by F.S. § 316.293, (maximum motor vehicle decibel levels measured by testing equipment), or any vehicle noise prohibited by any other Florida Statute, shall be enforceable by the Sheriffs Office, and shall not be enforceable by Code Enforcement officers. H. Noise that violates this Ordinance emitted from a vehicle (including motor vehicle) when on a road, or emitted from a noise producing device related to a vehicle when on a road, shall be enforceable by the Sheriffs Office, and shall not be enforceable by Code Enforcement officers. These violations, when off road, can be enforced by Code Enforcement officers or by the Sheriffs Office, including without noise testing by applying Section Twelve. Other Remedies Preserved. Nothing in this Ordinance shall prohibit the Sheriffs Office from charging persons responsible for acts which affect the peace and quiet of persons who may witness them for breach of the peace or disorderly conduct under Florida Statutes. In addition, no provision of this Ordinance is intended to disturb the right of the County or of any person or entity to pursue any other remedy for the abatement of a nuisance, or any other remedy that may then be available under law or equity. This Ordinance does not apply to the extent the specific regulation is preempted by Florida or federal law. (Ord. No. 90 -17, § 12; Ord. No. 93 -77, § 9; Ord. No. 2008 -68, § 10) State law reference— Penalty for ordinance violations, F. S. § 125.69. http:// library. municode .com /print.aspx ?cli Packet Page -1549- Request= http %3a %2N2fli... 5/24/2012 Municode Sec. 54 -91. - Prohibitions. 9/11/2012 Item 11.17. It shall be unlawful, except as expressly permitted herein, to make, cause, or allow the making of any noise or sound which exceeds the Sound Level limits set forth in this Ordinance. (Ord. No. 90 -17, § 4; Ord. No. 2008 -68, § 3) Sec. 54 -92. - Maximum permissible sound levels. (a) Classification or use occupancy. For the purposes of defining "use occupancy" in the Ordinance, the following classifications shall apply: (1) All premises containing habitually occupied sleeping quarters shall be considered residential use. (2) Premises containing transient commercial sleeping quarters shall be considered tourist use. (3) All premises containing businesses where sales, professional, or other commercial use is legally permitted shall be considered commercial use. (4) All premises where manufacturing is legally permitted shall be considered manufacturing use. (5) Nursing homes, hospitals, hospices, public or private schools including colleges and universities, libraries in use, churches in use, and courts in session shall be considered residential uses. (6) Legally, permitted use(s) of the site or unit shall supersede the zoning classification of the site or unit and in cases of multiple uses, the most restrictive actual lawfully permitted use shall supersede and control the zoning classification applicable to that site or unit. (7) Each site or unit not otherwise classified as to zoning shall conform to the commercial sound -level limits. (b) Maximum Permissible Sound Levels by Zoning Classification or Use Occupancy. (1) No person shall operate, or cause or suffer to be operated any source of sound from any use occupancy in such a manner as to create a Sound Level, after applicable character of sound adjustments, if any, which exceeds the limits set forth for the use occupancy category in Table I. No Sound tested by a Sound Level Meter shall be deemed to be in violation of this Ordinance unless the offending Sound exceeds the Sound Level limits in Table 1, and also exceeds the then existing Ambient Sound Level by at least five (5) dB(A) or five (5) dB(C), at the sound - affected site or unit. Sounds that are tested shall be measured at or within the property boundary of the sound - affected site or unit from which the complaint originated. In order to file a complaint, the complainant must provide his /her name, address and phone number. The test equipment should normally be at a distance greater than fifty (50) feet from the sound source unless there is a valid reason for measuring at a closer distance. A "valid reason" exists where land use, location, zoning, physical barriers, and /or acoustical impediments adversely affect the accuracy of sound measurements. Measurements shall be made in accordance with the latest revision of ANSI Standard S1.13, "Measurement of Sound Pressure Levels in Air ". Test equipment shall be placed at a height at least three (3) feet above the ground and at least four and one -half (4 %Z) feet away from walls, barriers, obstructions and any other sound - reflecting http: // library .municode.com /print.aspx ?cli Packet Page - 1550 - Request= http %3a %2f1/o2f1i... 5/24/2012 Municode 9/11/2012 Item 111. surfaces that might affect the measured Sound Level(s). Microphone wind screens shall be used when appropriate. The measured Sound Levels used for comparison with the Table I Sound Level limits shall be the equivalent A- weighted Sound Level and equivalent C- weighted Sound Level measured over a minimum duration of sixty (60) seconds, after correction for the applicable A- weighted or C- weighted Ambient Sound Level. No person shall hinder, obstruct, delay, resist, prevent in any way, interfere with, or attempt to interfere with any authorized person while he or she is in the performance of duties pursuant to this Ordinance. The Board, by resolution(s), after public hearing thereon, may make, adopt, amend and repeal rules and administrative orders to implement, administer and enforce this Ordinance. TABLE Zoning /Use at the location of the Sound - affected Site or Unit Time of Day or Night` Sound Level Limits —8 d6 A dB C Residential :00 a.m. to 10:00 p.m. 6072 After 10:00 p. m. to 7:00 a.m. 55 67 Commercial or tourist :00 a.m. to 10:00 p.m. 5 7 After 10:00 .m. to 7:00 a.m. 0 2 Manufacturing or industrial t all times 5 7 ricultural t all times 5 87 All times are the current local standard or daylight savings time in effect during the test, as applicable. (2) Correction for Ambient Sound Level shall be made as specified in Table 11, below. If the measured difference between the applicable Ambient Sound Level and the alleged violating Sound Level is five (5) dB(A) or five (5) dB(C), each alleged violating sound level shall be reduced by two (2) dB(A) or two (2) dB(C). If the measured difference is six (6) to eight (8) dB(A) or dB(C), the alleged violating Sound Level readings shall be reduced by one (1) dB(A) or one (1) dB (C). if such measured difference is nine (9) or more dB(A) or dB(C), the alleged violating Sound Level shall not be adjusted based upon the difference. Fractional decibels shall be rounded to the nearest whole decibel. TABLE 11 Difference between alleged violating Sound Level *and Ambient Sound Level* Correction (to be subtracted from the measured alleged violating Sound Level* 9 and higher —8 1 5 2 * Sound Levels in dB(A) or dB(C) (c) Correction for character of sound. (1) Pure Tone. For each sound that is a Pure Tone, the Sound Level limits set forth in Table I shall be reduced by five (5) decibels at sound - affected sites /units in residential use or zoning. http:// library .municode.com /pritit.aspx ?cli Packet Page -1551- Request--http %3a %2P /o2fli... 5/24/2012 Municode 9/11/2012 Item 11. F. (2) Non- repetitive impulsive sound. For any non - repetitive impulsive sound (up to five (5) impulses an hour), the Sound Level limits set forth in Table I shall be increased by ten (10) decibels from 7:00 a.m. to 10:00 pm. (d) Multifamily Dwellings. This subsection applies only to sounds when measured within a multifamily residence unit (occupied in whole or in part as the temporary or permanent residence of one or more natural persons) in residential, tourist residential, or commercial use or zoning and the building contains two or more such dwelling units. It shall be a violation of this Ordinance to emanate any Sound, including from Equipment, live performance music, or Amplified Sound, that, when measured inside of the Multifamily Dwelling unit in residential or tourist residential use or zoning, completely enclosed by walls and a roof with all doors and windows closed, exceeds 53 dBA anytime between the daytime hours of 7:00 a.m. to 10:00 p.m., or exceeds 45 dBA anytime between the nighttime hours of 10:00 p.m. and 7:00 a.m. (e) Mixed -Use Projects. This subsection shall only apply if both the sound - affected site /unit and the source of the sound are located within the same Mixed -Use Project. In the case of a Mixed -Use Project, and notwithstanding anything to the contrary as may be contained in this Ordinance, it shall only be a violation of this Ordinance to emanate any Sound (including from Equipment, live performance music, or Amplified Sound) that, when measured from inside of the sound - affected residential dwelling unit, completely enclosed by walls and a roof with all doors and windows closed, exceeds the limits set forth in Table III below. No Sound tested by a Sound Level Meter shall be deemed to be in violation of this subsection or this Ordinance unless the offending Sound exceeds the Sound Level limits in Table III and also exceeds the then existing Ambient Sound Level by at least five (5) dB(A) or five (5) dB(C), as applicable to the respective A or C frequency- weighting network, when measured from inside of the enclosed sound - affected residential dwelling unit, completely enclosed by walls and a roof with all doors and windows closed. The measured Sound Levels used for comparison with the Table III Sound Level limits shall be the equivalent A- weighted Sound Level and equivalent C- weighted Sound Level measured over a minimum duration of sixty (60) seconds, after correction for the applicable A- weighted or C- weighted Ambient Sound Level. For Mixed -Use Projects, Table I Sound Level limits shall only apply to sound - affected residential land uses or zoning located outside of the Mixed -Use Project, and shall not apply to residential uses or zoning within the Mixed -Use Project. TABLE III Zoning /Use at the location of Sound Affected Site Time of Day or Night* Sound or Unit Level Limits B dB A (C Residential Dwelling Unit :00 a.m. to 12:00 p.m. 53 68 fter 12:00 p.m. to 7:00 a.m. 45 62 * All times are the current local standard or daylight savings times in effect during the test, as applicable. (f) Construction Sounds. (1) Power driven construction equipment. No person shall operate or permit to be operated any power driven construction equipment without a muffler or other sound reduction device that is at a minimum as effective as that recommended by the manufacturer or provided as original equipment. Construction equipment http: // library .municode.com /print.aspx ?cli Packet Page -1552- Request = http %3a %2P /o2fli... 5/24/2012 Municode 9/11/2012 Item 115. that must be operated within 2,500 feet of a residentially zoned area on a 24- hour per day basis (including, but not limited to, pumps, well tips and generators) shall be shielded by a barrier to reduce the Sound Level during the hours of 6:00 p.m. to 7:00 a.m. unless the unshielded Sound Level is less than the Sound Level limits stated in Table I. (2) Regulating Noise from Construction Activity. a. Any construction activities and site preparation activities including but not limited to land clearing and grading, excavation and vegetation removal, authorized or permitted pursuant to the provisions of this Code shall occur only during the following hours: 6:30 a.m. to 7:00 p.m., Monday through Saturday. No construction activity or site preparation activity is permitted on Sundays or on the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. b• Any person desiring to engage in the aforementioned activities beyond the stated hours of limitation, based upon cases of Emergency, may apply in writing to the County Manager or designee for an Emergency Construction Permit. Such application shall state all facts and circumstances demonstrating the existence of an Emergency and the need for such permit. Such permits, if granted, shall be limited to 15 days, but may be renewed for additional periods if the Emergency or need therefor continues. Requests for renewals of said permit shall be made in writing prior to the expiration of permits previously issued pursuant to this section. In the issuance of such permits, the County Manager or designee shall weigh all facts and circumstances presented and shall determine whether the reasons given for the Emergency are valid and reasonable; whether the public health, safety, and welfare will be protected or better served by granting the permit requested; and whether, should the permit not be granted, the manner and amount of loss or inconvenience to the applicant presented by the Emergency imposes a significant hardship. Upon an affirmative finding of the foregoing considerations, the County Manager or designee is authorized to issue the Emergency Construction Permit. Notice of said permit application shall be given to all property owners adjacent to the subject site. During such periods of emergency activities and during the normal construction or site preparation hours of 6:30 a.m. to 7:00 p.m., the Sound Levels generated by construction or site preparation activities shall not exceed those permitted under this Ordinance. (3) Exceptions. Construction activities or site preparation activities performed by the County, state or federal governments are exempt from the Emergency Construction Permit requirement, provided that such activities are conducted in compliance with applicable law, including this Ordinance. (g) Permitting for Amplified Sound providing outdoor entertainment. (1) Purpose and applicability. In order to aid in monitoring and control of Amplified Sound providing outdoor entertainment for certain public and /or private events, and provide for enforcement action to address violations of this Ordinance resulting from outdoor entertainment activities generating such Amplified Sound, a one -time, site - specific Amplified Sound Permit will be required for any commercial business or nonresidential land use (such as, but not limited to, public park, amphitheater, fraternal organization, or church) which conducts such http: // library .inunicode.com /print.aspx ?cli Packet Page -1553- Request= http %3a %2f%o2fli... 5/24/2012 Municode 9/11/2012 Item 11.17. outdoor entertainment activities within 2,500 feet of any property containing a residential use or of any residential zoning district. That distance must be measured from the location of the actual sound source within the sound - producing property to the Real Property Line of the sound - affected residentially zoned or used property. For purposes of this subsection, no Amplified Sound Permit is required where the Sound source(s) and the Sound - affected residential use or zoning are located within the same Mixed -Use Project. (2) Residential amenities. For the purposes of this Section, any residential amenity (including, but not limited to, clubhouses, recreation centers, swimming pools, and pavilions) will be considered a residential use and Amplified Sound from outdoor entertainment emanating from these locations will not be subject to a requirement for an Amplified Sound Permit. (3) Commercial establishments. In the event that any commercial establishment utilizing Amplified Sound to provide indoor (that is, occupiable space within the building walls) entertainment for public and /or private events is adjudicated by the Code Enforcement Board, Special Magistrate, or court of competent jurisdiction to be in violation of this Ordinance pursuant to the provisions of Section Six, that land use or commercial establishment will be considered to have expanded their entertainment outside the confines of the building walls and must obtain an Amplified Sound Permit, subject to all of the provisions of this Section. (4) Compliance with Sound Level limits. All activities governed by the Amplified Sound Permit requirements must be conducted in accordance with the provisions of Section 6.6 (Maximum Permissible Sound Levels by Zoning Classification or Use Occupancy). (5) Application for Amplified Sound Permit. Prior to issuance of the permit, an application must be completed which includes the following information: a. The name, address and telephone number of the applicant; b. The name, address and telephone number of the business or location at which the event will occur; C. Identification of the type of business or other nonresidential land use (e.g. restaurant, night club, public park, church); d• A sketch and description of the area in which the event will occur on the property (e.g., patio, outdoor dining area, pooiside); e. A narrative description of any factors which might mitigate the impact of close proximity of the activity to adjacent residential use or zoning; f. A description of the proposed entertainment (e.g., live band, recorded music, disc jockey, theater performance); 9. Frequency of occurrence (monthly, weekly, daily) or estimated number of events per calendar year with dates to be determined; h. Proposed hours of activity. (6) Issuance or denial. a. Issuance. Upon receipt of an Amplified Sound permit application, the County Manager or designee will verify that the physical location of the proposed Amplified Sound source(s) is within 2,500 feet of any residential zoning district or land use (as opposed to the Real Property Line of the property on which the Sound - producing event will occur). This distance littp:H library .municode.com /print.aspx ?cli Packet Page - 1554 - Request= http %3a %%2f%o2fli... 5/24/2012 Municode 9/11/2012 Item 115. will be measured according to a survey, if provided by the applicant, or by the Official Zoning Map, aerial photography, or other reliable and accurate means. Upon completion of such verification, the County Manager or designee shall issue an Amplified Sound Permit. b• Denial. The only basis for denial of an Amplified Sound Permit application shall be prior adjudication for violation of this Ordinance relating to the same Amplified Sound activity. (7) Terms of approval. Once granted, the permit will remain valid, so long as there is no change in use on the subject property and no substantive change to the information provided on the application. Change of ownership or change of business will not invalidate the permit so long as the use remains the same; however, the permit may be revoked in accordance with the provisions of subsection G.10. The permit and related Sound - producing activity may be reviewed periodically to ensure compliance with this Ordinance. (8) Fee for permit. A nonrefundable fee for the permit covering costs associated with administration and processing will be assessed in accordance with the Fee Schedule approved by the Board of County Commissioners and in effect at the time of application, and will be payable at time of application. (9) Enforcement. All Amplified Sound activities approved in conjunction with the permit must be conducted in accordance with the provisions of Section 6.B (Maximum Permissible Sound Levels by Zoning Classification or Use Occupancy). (10) Violations. Any violations of the provisions of the permit shall be enforced in accordance with the provisions of Section Ten of this Ordinance. In the event of two (2) adjudications of violation of this Section within any 12 -month period by the Code Enforcement Board, Special Magistrate, or court of competent jurisdiction, the Amplified Sound Permit shall be revoked by the County Manager or designee for one year from the date of the second adjudication, and the permitted activity must cease immediately, unless otherwise ordered. During said period of revocation, the person having held the revoked permit shall be ineligible to apply for an annual permit issued pursuant to Section Six. Appeal of the revocation of the permit must be taken in accordance with Section Nine of this Ordinance. (Ord. No. 90 -17, § 6; Ord. No. 93 -77, § 3; Ord. No. 96 -29, § 1; Ord. No. 00 -68, § 1; Ord. No. 04 -55, § 2.A; Ord. No. 07 -61, § 4; Ord. No. 2008 -68, § 5) Sec. 54 -93. - Noise violations that do not require use of testing equipment. A. This Section, which shall be narrowly construed, applies notwithstanding other provisions in this Ordinance relating to Sound measured by Sound Level Meters. B. This Section applies only to noise affected sites classified as residential use in Section Six. C. Taking into account the time of day, day of the week, and the unmeasured Ambient Noise at the noise affected site, the following Noises are a violation of this Ordinance without use of testing equipment provided such Noise, based upon observation by listening by an enforcement officer and a complainant at the noise affected site, is clearly: (1) Unreasonably loud, raucous orjarring: (is clearly annoying or clearly disturbing to any individual of normal sensibilities at such site); or http: // library .municode.com /print.aspx ?cli Packet Page - 1555 - Request= http %3a %2f° /o2fli... 5/24/2012 Municode 9/11/2012 Item 11.F. (2) A nuisance: (without reasonable justification is unreasonably interfering with the peace and quiet of any individual of normal sensibilities at such site). D. This Section applies when either (or both) above - listed Noise is emitted from a: (�) Domesticated animal, including dog, bird or fowl, which violations pursuant to this Section shall be enforced only by Domestic Animal Services or by the Sheriffs Office when testing equipment is not used. These noises can be enforced by Code Enforcement officers when noise testing equipment is used. (2) Vehicle (including motor vehicle) including the total volume of noise from the vehicle or from any part thereof including motor /engine, if any. This includes all vehicles for which any part of the vehicle's original manufacturer's exhaust system is modified or removed, and all vehicles that are out of repair and any vehicle related sound producing device that is out of repair. These noises are enforceable by the Sheriffs Office, but shall not be enforceable by Code Enforcement officers unless the location of the source of such noise is off road. (3) Sound Producing Device. These devices include every device designed to produce, reproduce or amplify sound, whether or not related to a vehicle, such as horn, siren, whistle, bell, musical instrument, radio, TV, phonograph, speaker, loudspeaker, microphone, or other substantially similar device, including when a horn, siren, whistle, bell or similar device is sounded longer than necessary. These noises are enforceable by the Sheriffs Office, but shall not be enforceable by Code Enforcement officers unless the sound producing device is off road. (4) Exceptions; Lawful Business, Profession or Occupation. This Section does not apply to any lawful business, profession, or occupation provided any such above - listed class of Noise is typically emitted from that type of business, profession or occupation, and at that hour of the day and day of the week. This Section applies if such Noise is either not typical for such type business, profession or occupation, or is typical but is emitted at a time other than the normal hours of operation of that specific business, profession or occupation, at that location. (Ord. No. 07 -61, § 5; Ord. No. 2008 -68, § 12) Sec. 54 -94. - Use of loudspeakers. Loudspeakers or public address systems used to produce sound signals from any source may not be operated on or over public property and public right -of -way, unless an annual permit has been issued by the County Manager or designee. An annual permit fee shall be paid for such permit. The permit may be canceled for noncompliance with this Ordinance. Such systems may be used Monday through Saturday during daylight hours only. (Ord. No. 90 -17, § 13; Ord. No. 2008 -68, § 11) Secs. 54 -95 -54 -115. - Reserved. FOOTNOTE(S) ^_.__ X70) Cross reference— Offenses involving public peace and order, § 94 -26 et seq. Back (70) State Law reference— Motor vehicle noise generally, F.S. §§ 316.272 et seq., 403.415; noise from watercraft, F.S. § 327.65. Back http: //l ibrary .municode.com /print.aspx ?cli Packet Page -1556- Request = http %3a %2f%2fli... 5/24/2012 Collier County Livingston Road IQ Water ASR System — Well Below the USDW SECTION 15100 VALVES AND APPURTENANCES PART 1 - GENERAL 1.01 SCOPE OF WORK 9/11/2012 Item 11.F. A. Furnish all labor, materials, equipment and incidentals required and install complete and ready for operation and test all non- buried valves as shown on the Drawings and as specified herein. B. The equipment shall include, but not be limited to, the following. However, not all items specified herein may be included in this project. 1. General Requirements 2. Valve Actuators — Manual 3. Butterfly Valve 4. Ball Valves 5. Ball Check Valves 6. 1 -inch Automatic Air Release Valves 7. Flowmeter 1.02 RELATED WORK A. Piping is included in the respective Section of Division 2. B. Finish painting is included in Section 09902. C. Instrumentation, not specified herein, is included in Division 13. D. Electric valve operators of all types, rate of flow controllers (including modulating valves and operators) and other types of valves which are part of the automated instrumentation (such as some solenoid valves) if not included herein are included in Division 13. Valve operators shall, however, be mounted at the factory on the valves as specified herein, as part of the work of this Section. 1.03 SUBMITTALS A. Submit to the Engineer, in accordance with Section 01300, materials required to establish compliance with this Section. Equipment submittals shall include at least the following: Valve tag number. The manufacturer and supplier. The address at which equipment will be fabricated or assembled. Drawings showing assembly details, materials of construction and dimensions. Descriptive literature, bulletins and /or catalogs of the equipment. The total weight of each item. A complete bill of materials. Additional submittal data, where noted with individual pieces of equipment. Individual electrical control schematics and wiring diagrams for each valve operator with all external interfaces, identified exactly as detailed on the Electrical and Instrumentation 6295 -90347 / Issue for Bid 15100 -1 Packet Page -1557- 9/11/2012 Item 115. Collier County Livingston Road 1Q Water ASR System — Well Below the USDW Drawings. Standard catalogue cut sheets that show typical wiring diagrams only are not acceptable. Valve actuators shall be coordinated with electrical requirements shown on the Drawings and valves as specified herein. B. Test Reports 1. Provide certified hydrostatic test data, per manufacturer's standard procedure or MSS -SP -61 for all valves. C. Certificates 1. For each valve specified to be manufactured, tested and /or installed in accordance with AWWA and other standards, submit an affidavit of compliance with the appropriate standards, including certified results of required tests and certification of proper installation. D. Manufacturer's Installation and Application Data E. Operating and Maintenance Data 1. Operating and maintenance instructions shall be furnished to the ENGINEER as provided in Section 01730. The instructions shall be prepared specifically for this installation and shall include all required cuts, drawings, equipment lists, descriptions and other information required to instruct operating and maintenance personnel unfamiliar with such equipment. 1.04 REFERENCE STANDARDS A. American Society for Testing and Materials (ASTM) 1. ASTM A48 - Standard Specification for Gray Iron Castings. 2. ASTM A126 - Standard Specification for Gray iron Castings for Valves, Flanges and Pipe Fittings. 3. ASTM A240 - Standard Specification for Heat - Resisting Chromium and Chromium- Nickel Stainless Steel Plate, Sheet and Strip for Pressure Vessels. 4. ASTM A276 - Standard Specification for Stainless Steel Bars and Shapes. 5. ASTM A436 - Standard Specification for Austenitic Gray Iron Castings. 6. ASTM A536 - Standard Specification for Ductile Iron Castings. 7. ASTM B30 - Standard Specification for Copper -Base Alloys in Ingot Form. 8. ASTM B62 - Standard Specification for Composition Bronze or Ounce Metal Castings B. American Water Works Association (AWWA) I . AWWA CI I I - Rubber- Gasket Joints for Ductile -Iron Pressure Pipe and Fittings. 2. AWWA C500 - Metal - Seated Gate Valves Supply Service 3. AWWA C504 - Rubber - Seated Butterfly Valves 4. AWWA C507 - Ball Valves, 6 -in through 48 -in (150mm through 1200mm) 5. AWWA C508 - Swing -Check Valves for Waterworks Service, 2 -in (50mm through 24 -in (600mm) NPS 6. AWWA C509 - Resilient- Seated Gate Valves for Water Supply Service 7. AWWA C511 - Reduced - Pressure Principle Backflow- Prevention Assembly 8. AWWA C512 — Air Release, Air /Vacuum, and Combination Air Valves for Waterworks Service 9. AWWA C540 - Power - Actuating Devices for Valves and Sluice Gates 10. AWWA C550 - Protective Epoxy Interior Coatings for Valves and Hydrants 11. AWWA C800 - Underground Service Line Valves and Fittings 6295 -90347 / Issue for Bid 15100 -2 Packet Page -1558- 9/11/2012 Item 115. Collier County Livingston Road [Q Water ASR System — Well Below the USDW C. American National Standards Institute (ANSI) 1. ANSI B1.20.1 - Specifications, Dimensions, Gauging for Taper and Straight Pipe Threads (except dry seals). 2. ANSI B16.1 - Cast Iron Pipe Flanges and Flanged Fittings 3. ANSI B16.10 - Face -to -Face and End -to -End Dimensions of Valves 4. ANSI 1316.104 - Butterfly Valves D. American Iron and Steel Institute (AISI) E. Manufacturer's Standardization Society of the Valve and Fittings Industry (MSS) 1. MSS -SP -61 - Pressure Testing of Steel Valves. 2. MSS -SP -67 - Butterfly Valves. 3. MSS -SP -70 - Cast Iron Gate Valves, Flanged and Threaded Ends. 4. MSS -SP -71 - Cast Iron Swing Check Valves, Flanges and Threaded Ends. 5. MSS -SP -72 - Ball Valves with Flanged or Butt- Welding Ends for General Services. 6. MSS -SP -78 - Cast Iron Plug Valves, Flanged and Threaded Ends. 7. MSS -SP -80 - Bronze Gate, Globe, Angle and Check Valves. 8. MSS -SP -82 - Valve Pressure Testing Methods 9. MSS -SP -98 - Protective Coatings for the Interior of Valves, Hydrants and Fittings. F. National Electrical Manufacturers Association (NEMA) G. Underwriters Laboratories (UL) H. Factory Mutual (FM) I. Where reference is made io one of the above standards, the revision in effect at the time of bid opening shall apply. 1.05 QUALITY ASSURANCE A. Qualifications 1. Valves and appurtenances shall be products of well established firms who are fully experienced, minimum 10 years, reputable and qualified in the manufacture of the particular equipment to be furnished. 2. The equipment shall be designed, constructed and installed in accordance with the best practices and methods and shall comply with this Section as applicable. 3. All units of the same type shall be the product of one manufacturer. B. Certifications 1. The manufacturers shall furnish an affidavit of compliance with Standards referred to herein as specified in Paragraph 1.03C above. Refer to PART 3 for testing required for certain items in addition to that required by referenced standards. C. Provide the services of a qualified and factory- trained service representative of the manufacturer to provide operational and maintenance instruction, for a 1 day, 8 hour period for each type of the following equipment: 1. Valve motor operators. 2. Air release. 6295 -90347 / Issue for Bid 15100 -3 Packet Page -1559- 9/11/2012 Item 11. F. Collier County Livingston Road IQ Water ASR System — Well Below the USDW D. Inspection of the units may also be made by the ENGINEER or other REPRESENTATIVE of the OWNER after delivery. The equipment shall be subject to rejection at any time due to failure to meet any of the specified requirements, even though submittal data may have been accepted previously. Equipment rejected after delivery shall be marked for identification and shall be removed from the job site at once. 1.06 SYSTEM DESCRIPTION A. All of the equipment and materials specified herein are intended to be standard for use in controlling the flow of water, wastewater, raw water, sludge, air, and chemicals as noted on the Drawings. B. Valves, appurtenances and miscellaneous items shall be installed as shown on the Drawings and as specified, so as to form complete workable systems. 1.07 DELIVERY, STORAGE AND HANDLING A. Reference is made to Section 01600 for additional information. B. Packing and Shipping 1. Care shall be taken in loading, transporting and unloading to prevent injury to the valves, appurtenances, or coatings. Equipment shall not be dropped. All valves and appurtenances shall be examined before installation and no piece shall be installed which is found to be defective. Any damage to the coatings shall be repaired as acceptable to the Engineer. 2. Prior to shipping, the ends of all valves shall be acceptably covered to prevent entry of foreign material. Covers shall remain in place until after installation and connecting piping is completed. a. All valves 3 -in and larger shall be shipped and stored on site until time of use with wood or plywood covers on each valve end. b. Valves smaller than 3 -in shall be shipped and stored as above except that heavy cardboard covers may be used on the openings. c. Rising stems and exposed stem valves shall be coated with a protective oil film which shall be maintained until the valve is installed and put into use. d. Any corrosion in evidence at the time of acceptance by the Owner shall be removed, or the valve shall be removed and replaced. C. Storage and Protection 1. Special care shall be taken to prevent plastic and similar brittle items from being directly exposed to the sun, or exposed to extremes in temperature, to prevent deformation. See the individual piping sections and manufacturer's information for further requirements. 1.08 MAINTENANCE A. Special tools and the manufacturer's standard spare parts, if required for normal operation and maintenance, shall be supplied with the equipment in accordance with Section 01730 and where noted, as specified herein. Tools shall be packaged in a steel case, clearly and indelibly marked on the exterior to indicate equipment for which tools are intended. B. Provide one Operations and Maintenance manual for each type of valve and operator supplied under this specification in accordance with Section 01730. 6295 -90347 / Issue for Bid 15100 -4 Packet Page -1560- 9/11/2012 Item 11.F. Collier County Livingston Road IQ Water ASR System— Well Below the USDW C. included within the Operations and Maintenance manuals, provide a list of all spare and replacement parts with individual prices and location where they are available. 1.09 VALVE DESIGNATIONS AND SCHEDULE A. All valves shall be identified by a unique valve tag as identified in the valve schedule prepared by the CONTRACTOR. The specific type of valve to be used will be identified by the symbol and /or call out on the Drawings. The CONTRACTOR shall identify each valve by its assigned tag number on all shop drawings and equipment submittals. B. The CONTRACTOR shall refer to the P &IDs and Mechanical Plans for type of each valve called out by abbreviation or drawing symbol. Prior to the first valve submittal, CONTRACTOR shall submit a detailed valve schedule listing all of the process valves to be furnished along with the Contract Drawing P &IDs edited electronically which shall include the valve tag numbers prepared by the CONTRACTOR identifying each valve. The valve schedule shall include: valve tag number; valve designation; valve size; end connections and operator type. The valve tag convention shall be 4 digits long; numbering shall be linked to the P &ID Sheet on which it is shown. Identical valves in the same position in parallel processes (EX. Pump inlet /outlet isolation valves where there are 3 parallel pumps of same type) shall have same tag number followed by a hyphen and quantifier -1, 2, 3 etc. Where electric, hydraulic or pneumatic actuators are supplied their type shall be so noted with an E, H or P. Modulating duty actuators shall be noted with an M following the actuator type notation. An excerpt of an EXAMPLE schedule is as follows: Valve Tag Designation Size Ends Operator Notes 1000 -1 GV1 8 -in Flanged Gear /Handwheel Extra description as necessary 1000 -2 GV1 8 -in Flanged Gear /Handwheel 1005 PV 1 6 -in Flanged EM PART 2 - PRODUCTS 2.01 MATERIALS AND EQUIPMENT— GENERAL A. Reference is made to Division 1 for additional requirements, including nameplates, provisions for temporary pressure gauges, protection against electrolysis and anchor bolts. B. The use of a manufacturer's name and /or model or catalog number is for the purpose of establishing the standard of quality and general configuration desired. C. Valves and appurtenances shall be of the size shown on the Drawings or as noted and as far as possible equipment of the same type shall be identical and from one manufacturer. D. Valves and appurtenances shall have the name of the maker, nominal size, flow directional arrows, working pressure for which they are designed and standard referenced, cast in raised letters or via riveted stainless steel nameplate upon some appropriate part of the body. E. Unless otherwise noted, items shall have a minimum working pressure of 150 psi or be of the same working pressure as the pipe they connect to, whichever is higher and suitable for the pressures noted where they are installed. F. Joints, size and material - unless otherwise noted or required by the ENGINEER: 6295 -90347 / Issue for Bid 15100 -5 Packet Page -1561- 9/11/2012 Item 11.F. Collier County Livingston Road IQ Water ASR System — Well Below the USDW 1. Except where noted, all joints referred to herein shall be of the same type, nominal diameter, material and with a minimum rating equal to the pipe or fittings they are connected to. 2. Valves and appurtenances shall be of the same nominal diameter as the pipe or fittings they are connected to. 3. All valves (3 -in and smaller) shall have threaded ends, unless noted otherwise herein or on the Drawings. 4. All valves 4 -in and larger shall have flanged ends or mechanical joint ends as indicated on the Drawings. G. Provide all special adaptors as required to ensure compatibility between valves, appurtenances and adjacent pipe. H. Except where otherwise provided within the following product descriptions, surface preparation and shop coatings of valves and appurtenances shall be as provided at the end of this part. 2.02 VALVE ACTUATORS — GENERAL/ MANUAL A. The valve manufacturer shall supply, mount and test all actuators on valves at the factory. The valves and their individual actuators shall be shipped as a unit. B. Unless otherwise noted on the Drawings, valves shall be manually actuated. Non - buried valves shall have an operating wheel, handle or lever mounted on the operator. Those with operating nuts shall have anon- rising stem with an AWWA 2 in nut. At least two tee handles shall be provided for all operating nuts. Unless otherwise noted, operation for all valves shall be CCW open. C. All actuators shall be capable of moving the valve from the full open to full close position and in reverse and holding the valve at any position part way between full open or closed. D. Each operating device shall have cast on it the word "OPEN" and an arrow indicating the direction of operation. E. All position indication and direction of opening arrows shall be embossed, stamped, engraved, etched or raised castings. Decals or painted indications shall not be allowed. F. Unless otherwise noted, all valves larger than 3 in nominal diameter shall be provided with position indicators at the point of operation. 2.03 BUTTERFLY VALVES A. Butterfly valves and operators for low pressure air piping shall conform to the AWWA C504, except as specified herein. Valves shall have a minimum 150 psi pressure rating and be equal to those manufactured by Henry Pratt; M &H or DeZurik valve companies. B. Butterfly valves shall be flanged end with face to face dimensions in accordance with Table 2 of above mentioned AWWA standards for short -body valve, or wafer type. C. Valve seats shall be full resilient seats retained in the body or on the disc edge in accordance with Section 8 of the above mentioned AWWA standards. If the resilient seat is in the body, the disc shall be of cast ni- resist conforming to ASTM A436 Type l with the periphery machined to a smooth spherical surface. If the resilient seat is mounted on the disc edge it shall be held in place by a one -piece Type 304 stainless steel retaining ring and stainless Nylock screws, the disc shall be of ASTM A48, Class 40 cast iron and a mating Type 304 stainless steel ring shall be installed 6295 -90347 / Issue for Bid 15100 -6 Packet Page -1562- 9/11/2012 Item 115. Collier County Livingston Road IQ Water ASR system — Well Below the USDW in the valve body. Resilient seats shall be Hycar or equal for water service and Nordel or equal for air service. Resilient seats in valves for air service shall be mounted in the body only. D. The valve body shall be constructed of close grain cast iron per ASTM A 126, Class B with integrally cast hubs for shaft bearing housings of the through boss -type. Permanently self - lubricating body bushings shall be provided and shall be sized to withstand bearing loads. Stuffing box of liberal dimensions shall be provided at the operator end of the vane shaft, arranged so that the packing can be replaced by removing the bronze follower without removing the operator. Packing shall be of the Chevron type as manufactured by Garlock Packing Company. A sealing element utilizing 0-rings shall also be acceptable. E. The valve shaft shall be of Type 304 stainless steel and designed for both torsional and shearing stresses when the valve is operated under its greatest dynamic or seating torque. F. In general, the butterfly valve operators shall conform to the requirements of Section 3.8 of AWWA C504, insofar as applicable and as specified herein. G. Gearing for the operators where required shall be totally enclosed in a gear case in accordance with Section 3.8.3 of AWWA C504 standard. H. The manual operators shall conform to Section 3.8.1 of AWWA C504 standard, insofar as applicable. Valves shall have handwheel or lever operators and open left, or counterclockwise. Operators shall have indicators to show position of the valve disc. Operators shall be rigidly attached to the valve body. 2.04 PLASTIC BALL VALVES A. Ball valves for PVC pipe shall be of PVC Type 1 with socket or flanged ends as required. Valve bodies shall be double union type. PVC ball valves shall be as manufactured by Heyward, Aashi America or approved equal. All valves shall be mounted in such a position that valve position indicators are plainly visible. 2.05 BALL CHECK VALVES A. Check valves for PVC pipe shall be of PVC Type 1, Series BC with socket or flanged ends as required. Valve bodies shall be union type. PVC ball check valves shall be as manufactured by Celanese Piping Systems, Inc.; Wallace and Tiernan Inc. or equal. 2.06 1ANCH AUTOMATIC AIR RELEASE VALVES A. Air release valves shall exhaust accumulated air from the system while under pressure. The valve shall be capable of venting air; closing only after all the air has been vented. The valve shall continue to release small quantities of air under pressure as often as needed to keep the system free of accumulated air. The valve shall be equipped with vacuum check valve on the air outlet and will not admit air to re -enter during vacuum conditions. B. Air valves shall be of the size shown on the plans. C. The body shall be made of high strength plastic, and all operating parts are made of specially selected corrosion resistant materials. The valve shall be equipped with a drainage outlet enabling the removal of excess fluids. Air release orifice shall be 12 mm2 and suitable for 150 PSI maximum working pressure. Screens shall be installed on the opening of all air release valves. Valve shall be equipped with a strainer. 6295 -90347 / Issue for Bid 15100 -7 Packet Page -1563- 9/11/2012 Item 11.F. Collier County Livingston Road IQ Water ASR System — Well Below the USDW D. Valves 3 -inch size and smaller shall have a threaded inlet connection, and larger valves shall have a flanged inlet faced and drilled per ANSImB 16.1 Class 250. E. One -inch NAT inlet and outlet shall be provided, unless otherwise specified in the drawings. F. Connections from corporation stops to air release valves shall be brass for rigidity. G. Automatic air release valves shall be manufactured by ARI Model D -050 VAC, or approved equal. 2.07 FLOWMETER A. Provide 3 -inch electromagnetic type meter with flanged ends for 150 psi working pressure. The meter shall be capable of accurately recording flows from 30 to 200 gpm. The meter shall register flows within +/ -0.75% accuracy at normal and high flows and better than 95% accuracy at low flows. The meter shall be suitable for continuous submergence. The meter must be suitable for conveying brackish raw well water with chloride concentrations of 2,500 mg /1 and TDS concentrations of 4,900 mg /l. A letter from the manufacturer certifying the meter is suitable for the water service intended for this project will be required. B. The meter tube shall be 316 stainless steel pipe and use 150 lb. ANSI 1316.1 Class 125 standard epoxy coated flat face cast iron. The body shall be 304 stainless steel. The internal liner shall be polyethylene epoxy. The electrodes shall be 316 stainless steel. The register shall be stainless steel with a glass cover with a UV resistant plastic lid on the housing cover. C. The meter indicator shall be visually read only display with no output communications. The meter shall have a IP68 hermitically sealed indicator unit Waterproof to 30 -ft depth. The LCD indicator shall display totalized volume in gallons and shall display flowrate in gpm, low battery, and indicate when there is no water in the pipe. D. The meter shall be battery powered only designed for 10 -years of continuous operation with no battery changes necessary. E. The volumetric testing of all meters must be performed and approved prior to shipment. The testing will be conducted in accordance to AWWA testing procedure, rates, and volume. The amount of water used to conduct the test shall be left on the totalizer. Prior to shipping, a tag shall be attached to the meter showing the totalizer reading after testing. The test facility must be certified annually to an accuracy of +-0.25% and be traceable to the National Institute of Standards and Technology. If desired, the test can be witnessed by the Owner or their selected agent. Certified accuracy test records will be furnished at no charge. F. Provide a five year warranty for all components. Provide training to OWNER from manufacturer's representative on the operation and maintenance of the meter. Supplier must have test facilities, spare parts, personnel to maintain, instruct, train or whatever is necessary to assure meters will be maintained throughout the guarantee period. The meters shall be manufactured and tested in the U.S.A. G. The meter shall be as manufactured by Elster AMCO Water Inc. 3- inch Model evoQ4, or approved equal. 2.08 SURFACE PREPARATION AND SHOP COATINGS 6295 -90347 / Issue for Bid 15100 -8 Packet Page -1564- 9/11/2012 Item 11.F. Collier County Livingston Road IQ Water ASR System — Well Below the USDW A. Except where otherwise provided within the preceding product descriptions, surface preparation and shop coatings of valves and appurtenances shall be as provided below. B. The interior ferrous metal surfaces and stainless steel surfaces, except finished or bearing surfaces, shall be blast cleaned in accordance with SSPC SP -10 and painted with two coats of an approved fusion bonded epoxy coating specifically formulated for potable water use. The coating shall be NSF certified to Standard 61. C. Exterior ferrous metal surfaces of all buried valves and hydrants shall be blast cleaned in accordance with SSPC SP -6 and given two shop coats of an approved fusion bonded epoxy coating. D. Exterior ferrous metal surfaces of all nonburied valves shall be shop painted with one coat of primer in accordance with the requirements of Section 09901. PART 3 — EXECUTION 3.01 INSTALLATION A. All valves and appurtenances shall be installed in the locations shown, true to aligmnent and rigidly supported. Any damage to the above items shall be repaired to the satisfaction of the ENGINEER before they are installed. B. After installation, all valves and appurtenances shall be tested at least 2 hours at the working pressure corresponding to the class of pipe, unless a different test pressure is specified. if any joint proves to be defective, it shall be repaired to the satisfaction of the ENGINEER. See piping specifications for field test pressure. C. Install all floor boxes, brackets, extension rods, guides, the various types of operators and appurtenances as shown on the Drawings that are in masonry floors or walls, and install concrete inserts for hangers and supports as soon as forms are erected and before concrete is poured. Before setting these items, the CONTRACTOR shall check all plans and figures which have a direct bearing on their location and he shall be responsible for the proper location of these valves and appurtenances during the construction of the structures. D. Flanged joints shall be made with high strength, low alloy Corten bolts, nuts and washers. Mechanical joints shall be made with mild corrosion resistant alloy steel bolts and nuts. All exposed bolts shall be painted the same color as the pipe. All buried bolts and nuts shall be heavily coated with two (2) coats of bituminous paint comparable to Kop -Coat No. 66 Special Heavy. E. Prior to assembly of split couplings, the grooves as well as other parts shall be thoroughly cleaned. The ends of the pipes and outside of the gaskets shall be moderately coated with petroleum jelly, cup grease, soft soap or graphite paste, and the gasket shall be slipped over one pipe end. After the other pipe has been brought to the correct position, the gasket shall be centered properly over the pipe ends with the lips against the pipes. The housing sections then shall be placed. After the bolts have been inserted, the nuts shall be tightened until the housing sections are firmly in contact, metal -to- metal, without excessive bolt tension. F. Prior to the installation of sleeve -type couplings, the pipe ends shall be cleaned thoroughly for a distance of 8 inches. Soapy water may be used as a gasket lubricant. A follower and gasket, in that order, shall be slipped over each pipe to a distance of about 6 inches from the end, and the 6295 -90347 / Issue for Bid 15100 -9 Packet Page -1565- 9/11/2012 Item 11.F. Collier County Livingston Road IQ Water ASR System — Well Below the USDW middle ring shall be placed on the already laid pipe end until it is properly centered over the joint. The other pipe end shall be inserted into the middle ring and brought to proper position in relation to the pipe already laid. The gaskets and followers shall then be pressed evenly and firmly into the middle ring flares. After the bolts have been inserted and all nuts have been made up fingertight, diametrically opposite nuts shall be progressively and uniformly tightened all around the joint, preferably by use of a torque wrench of the appropriate size and torque for the bolts. G. Valve boxes with concrete bases shall be installed as shown on the Drawings. Mechanical joints shall be made in the standard manner. Valve stems shall be vertical in all cases. Place cast iron box over each stem with base bearing on compacted fill and top flush with final grade. Boxes shall have sufficient bracing to maintain alignment during backfilling. Knobs on cover shall be parallel to pipe. Remove any sand or undesirable fill from valve box. 3.02 SHOP PAINTING A. Ferrous surfaces of valves and appurtenances shall receive a coating of rust - inhibitive primer as specified in Section 09901. All pipe connection openings shall be capped to prevent the entry of foreign matter prior to installation. 3.03 FIELD PAINTING A. All metal valves and appurtenances specified herein and exposed to view will be painted as part of the work in Section 09902. The paint for the prime and finish coat shall be compatible. 3.04 INSPECTION AND TESTING A. Completed pipe shall be subjected to hydrostatic pressure test for 2 hours at full working pressure. All leaks shall be repaired and lines retested as approved by the ENGINEER. Prior to testing, the gravity pipelines shall be supported in an approved manner to prevent movement during tests. B. Valves shall be supported to avoid placing loads on connecting piping until backfill or pipe supports are completed. END OF SECTION 6295 -90347 / Issue for Bid 15100 -10 Packet Page -1566- 9/11/2012 Item 115. ADDENDUM NO. I TO THE CONTRACT DOCUMENTS AND SPECIFICATIONS DATED JUNE 2012 LIVINGSTON ROAD 1Q WATER ASR SYSTEM — WELL BELOW THE USDW On the Drawings: Sheet G -1 — Index, Note, Legend and Abbreviations, Note 8, after .. "QUALTY CONTROL AND" delete "022501 LEAKAGE TESTS FOR TESTING OF GRAVITY LINES" and replace with "SECTION 02622 POLYVINYL CHLORIDE (PVC) PIPE." In the Specifications: 1. Section 01005, 1.07, A, 2 Add new paragraph as follows: 4'2. See Drawings and Section 01050 for professional field survey requirements to be provided by the CONTRACTOR. All field survey shall be provided in accordance with the minimum professional survey standards as specified in Section 01050." 2. Section 01005, 1.07, C, 1 Delete paragraph I in its entirety and replace with the following new paragraphs: 441. All elevations indicated or specified refer to the National Geodetic Vertical Datum of 1929 per the Reclaimed Water Aquifer Storage & Recovery System Record Drawing PUED Project No. 474030, August 2008, Water Resource Solutions /Entrix, Inc. 2. No attempt has been made to verify the elevations shown on the Drawings. See the Drawings for the survey and survey submittal to be provided by CONTRACTOR prior to construction." 3. Section 01005, 1.09, C, 3 Delete paragraph 3 in its entirety and replace with the following new paragraphs: "3. Methods, Equipment, and Materials Description Plan: Prior to mobilization, the CONTRACTOR shall submit detailed description of methods, equipment, and materials to be used for the project. Descriptions of equipment shall include Manufacturers' specifications, calibrations, appropriate drawing, photographs, and descriptions of any modifications since manufacture. This plan shall also include the CONTRACTOR's means for complying with all local noise ordinances and project specific noise requirements, including sound attenuation as necessary. At no time shall noise from the project, measured at the fence line, exceed 60 dB Packet Page -1567- 9/11/2012 Item 11.F. (A) or 72 dB (C) (as provided for residential zoning in the Collier County Code of Ordinances, Part I, Chapter 54 Environmental, Article IV). For work outside of the hours of 7 a.m. to 7 p.m., Monday through Saturday, noise from the project, measured at the eastern fence line, shall not exceed 55 dB (A) or 67 dB (C) (as provided for residential zoning in the Collier County Code of Ordinances, ..Part 1, Chapter 54 Environmental, Article IV). Please note that the eastern property line is approximately 350 feet from the well site. The CONTRACTOR will not be allowed to mobilize until the ENGINEER and OWNER approve the plan. Once equipment is mobilized to the site and prior to start of work, the CONTRACTOR will be responsible for establishing a noise recording device at the closest property line to monitor noise levels and confirm that the noise levels established for the project are not exceeded. A copy of the noise ordinance is attached." 4. Section 01050, 1.0 1, B, add new paragraph 5 as follows: "5. See the Drawings, Sheet C -1, Note 2 for requirements of a full topographic survey, horizontal control, boundary survey and survey baseline for the layout of the proposed MW Discharge pipeline to be performed and submitted to the OWNER and ENGINEER prior to any construction activities." 5. Section 01050, 1.03, A, add new paragraph A as follows and renumber remaining paragraphs. "A. Prior to any construction activities, submit full topographic survey, horizontal control, boundary survey and survey baseline for the MW Discharge pipeline for review." 6. Section 02622, add new paragraph 3.06 and renumber remaining paragraph. "3.06 TESTING GRAVITY DRAIN PIPELINES A. Testing and cleaning of pipe shall be as specified in Section 01445. All tests shall be conducted in the presence of the ENGINEER. Furnish all necessary equipment and labor for carrying out the specified tests. 7. Section 02864, 1.01, delete paragraph E in its entirety and replace with the following: "E. Water produced during the test will be discharged to the existing 4" PVC wastewater forcemain on the Livingston Road IQ Water ASR Site through the discharge piping of the lift station. The maximum flow rate through the pipeline shall be 600 gpm. The maximum pressure shall not exceed 120 PSI. The Contractor may utilize the on -site reject water pond, which can accommodate up to 38,000 gallons, for equalization of flows going to the 4" PVC wastewater forcemain." 8. Section 02851, 3.01, delete paragraph B in its entirety with no replacement. Packet Page -1568- 9/11/2012 Item 115. 9. Section 02933, delete in its in their entirety with no replacement. 10. Section 09901, 2.03, B, 1 after "Exterior" add (including ASR MONITORING WELL DUCTILE IRON PIPE AND FLANGES)" 11. Section 09901, 2.03, C Add new paragraphs C and D as follows and renumber remaining paragraph, "C. Above Ground PVC Pipe - Clean, Prepare Surface, Prime and Paint PVC piping as follows: Surface Preparation: SSPC -SPI and scarify I st Coat: Tnemec Series N69 (2.0 — 3.0 mils DFT) 2nd Coat: Tnemec Series 73 (2.0 — 3.0 mils DFT) D. Exterior Monitoring Well Ferrous Metals Surface Preparation: Stripe Coat: Primer: Int. Coat: Topcoat: Min total DFT for 3 Coats: SSPC -SP6 Series 90 -97 (2.5 - 3.5 mils DFT) applied by brush over weld seams Series 90 -97 (2.5 - 3.5 mils DFT) Series N69 (3.0 - 5.0 mils DFT) Series 73 (2.0 - 3.0 mils DFT) 9.5 mils" 12. Section 15100, delete in its entirety and replace with the attached Section 15100 Packet Page -1569-