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Agenda 10/09/2012 Item #16A110/9/2012 Item 16.A.1. EXECUTIVE SUMMARY Recommendation to award a construction contract to Better Roads, Inc., for Bid No. 12- 5937, Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements Project No. 60188.4 funded by the Naples Production Park MSTU, in the amount of $473,312.96 plus a ten (10) percent contingency of $47,331.30 totaling $520,644.26. OBJECTIVE: To award a construction contract for Industrial Boulevard Roadway Improvements to Better Roads, Inc., in accordance with Bid No. 12 -5937. The purpose of the project is to perform roadway and drainage work to improve the operation and safety of the road. CONSIDERATIONS: The Board approved a prioritization of projects on April 14, 2009 (item 16.B.12) that were previously ranked by the MSTU members during a public meeting. The Industrial Boulevard Roadway Improvements project was included in the priority list. The project consists of milling & resurfacing the existing pavement on Industrial Boulevard for the entire length, constructing paved shoulders on both sides of the road from Radio Road to Mercantile Avenue. It also includes constructing drainage improvements on some of the swales of Industrial Boulevard, including reconstructing all of the existing driveways affected by the proposed improvements, and a small swale area on Mercantile Avenue. Milling and resurfacing of Prospect Avenue from Airport- Pulling Road to Industrial Boulevard are also included in the project. The improvements are to be constructed within the Naples Production Park Municipal Service Taxing Unit (MSTU). The bid for the project was submitted for advertisement on July 6, 2012, in the Naples Daily News. Over 1,622 notices were sent out and 98 bid packages were downloaded. A non - mandatory pre -bid meeting was held on July 23, 2012 to review the bid package and address issues and questions from prospective bidders. Five (5) bids were submitted on August 8, 2012. The following bids were received: Better Roads, Inc. $ 473,312.96 Bonness, Inc. $ 511,224.41 Community Asphalt $ 556,544.69 Old Castle (APAC) $ 602.666.76 Ajax $ 692,740.57 The bids were reviewed by Purchasing staff and the Transportation Engineering Department in conjunction with the project's Design Professional (WilsonMiller, Inc.). Staff recommends awarding the contract to Better Roads, Inc. as the lowest, responsive and qualified bidder. Better Roads' bid is 2.58% higher than the Engineer's Cost Estimate of $460,254.60 FISCAL IMPACT: Funds in the amount of $520,644.26, which includes the ten (10) percent contingency of $47,331.30, are available in the Naples Production Park MSTU fund 138, Project Number 60188. The 10% contingency is for budgetary purposes only; a change order would have to be processed in order to use these funds. Packet Page -524- 10/9/2012 Item 16.A.1. 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: The Industrial Boulevard Roadway Improvements project has no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the contract with Better Roads, Inc., for Bid No. 12 -5937, Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements Project No. 60188.4 funded by the Naples Production Park MSTU and authorize the Chairman to execute the attached contract after review and approval by the County Attorney's Office. Prepared By: Julio F. Ord6nez, Principal Project Manager, TED Attachment: Bid Tabulation, Construction Contract. Packet Page -525- 10/9/2012 Item 16.A.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1. Item Summary: Recommendation to award a construction contract to Better Roads, Inc., for Bid No. 12 -5937, Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements Project No. 60188.4 funded by the Naples Production Park MSTU, in the amount of $473,312.96 plus a ten (10) percent contingency of $47,331.30 totaling $520,644.26. Meeting Date: 10/9/2012 Prepared By Name: OrdonezJulio Title: Project Manager, Principal,Transportation Engineer 9/11/2012 9:13:35 AM Submitted by Title: Project Manager, Principal,Transportation Engineer Name: OrdonezJulio 9/11/2012 9:13:37 AM Approved By Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 9/18/2012 9:33:34 AM Name: BrilhartBrenda Title: Purchasing Agent,Purchasing & General Services Date: 9/18/2012 10:21:49 AM Name: NauthRookmin Title: Management/Budget Analyst,Transportation Administr Date: 9/18/2012 10:22:50 AM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 9/18/2012 12:30:03 PM Packet Page -526- 10/9/2012 Item 16.A.1. Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 9/18/2012 1:25:12 PM Name: LynchDiane Title: Administrative Assistant Date: 9/18/2012 2:53:26 PM Name: BathonDale Title: Project Manager, Principal,Transportation Engineer Date: 9/18/2012 3:49:48 PM Name: ShueGene Date: 9/18/2012 4:18:48 PM Name: KhawajaAnthony Title: Engineer - Traffic Operations,Transportation Engineering & Construction Management Date: 9/19/2012 11:26:25 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/27/2012 8:27:53 AM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 9/27/2012 2:06:02 PM Name: KlatzkowJeff Title: County Attorney Date: 10/1/2012 10:57:19 AM Name: GreenwaldRandy Title: Management /Budget Analyst,Office of Management & B Date: 10/2/2012 9:06:04 AM Name: KlatzkowJeff Title: County Attorney Date: 10/2/2012 11:29:10 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 10/2/2012 4:58:01 PM Packet Page -527- \ \k Packet Page -528- 10/9/2012 Item 16.A.l. 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Industrial Boulevard (Radio Road to Mercantile Ave) Roadway improvements COLLIER COUNTY BID NO. 12 -5937 COLLIER COUNTY, FLORIDA Brenda Brilhart, Procurement Strategist Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 - 8446 FAX: (239) 252 - 6697 Design Professional: Wilson Miller Frd>asing Departn ert• 1321 Tamiami Trail East • Naples, Florida 34112 -1901 - www.colliergov.net/purchasing Packet Page -530- s • --;v .Err - a- � -� r, Memorandum 10/9/2012 Item 16.A.1. Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM #4 Date: August 9, 2012 From: Brenda Briihart, Procurement Strategist To: Interested Bidders Subject: Addendum # 4 — ITB 12 -5937 - Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: • The due date of this bid has been extended until 2:30 pm on August 15, 2012. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Julio Ordonez, Project Manager i Packet Page -531- 10/9/2012 Item 16.A.1. Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 -8446 A*ANsbzfim Savices'D , FAX: (239) 252 -6697 Furchasinq ADDENDUM #3 Memorandum Date: August 3, 2012 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 — ITB 12 -5937 - Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: • The due date of this bid has been extended until 2:30 pm on August 10, 2012. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Julio Ordonez, Project Manager 1 Packet Page -532- NOW; �� Memorandum Date: July 26, 2012 10/9/2012 Item 16.A.1. Email: BrendaBrilhart @colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM #2 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 — ITB 12 -5937 - Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ADD: (files were inadvertently not uploaded with Addendum # 1) • Utility Work Schedules (Comcast and Century Link) CHANGE: Per Addendum #1, because of the file size, the Storm Drain Videos are only available for pickup at the Purchasing Department. Please call 252 -8446 to arrange for a copy. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Julio Ordonez, Project Manager Enc: Storm Drain Video & Reports Packet Page -533- 1 �y x: Memorandum Date: July 26, 2012 10/9/2012 Item 16.A.1. Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM #1 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 — ITB 12 -5937 - Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: REVISE: Bid Schedule revised to include the following: Addendum #1 Bid Schedule must be submitted in order to be considered for award. One Line Item Changed: question bid item 425 -1 -541 is removed from the bid schedule and replaced with 425 -1 -521. Change the item description from "INLETS (DT BOT) TYPE D ( <10)" to "INLETS (DT BOT) TYPE C ( <10) ". l • Technical Specification for Bid Item 432 -3 -8 • Storm Drain Video and Pipe inspection reports • Utility Work Schedules (Comcast and Century Link) • Exhibit M If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Julio Ordonez, Project Manager Enc: Revised Bid Schedule Tech Spec Storm Drain Video & Reports Exhibit M Packet Page -534- 1 10/9/2012 Item 16.A.1. EXHIBIT M PLANS AND SPECIFICATIONS The following special provisions, taken from Division I of the FDOT Standard Specifications for Road and Bridge Construction (2010 Many sections of Division I have been deleted and in some cases replaced by provisions in EXHIBIT H. The Contractor is responsible for reviewing all contract documents and sections. If a section within the FDOT Specifications for Road and Bridge Construction is deleted and there is no section in EXHIBIT H that section is deleted and not applicable to this project. DIVISION 11 and III of the FDOT Standard Specifications for Road and Bridge Construction (2010) are adopted and made a part of this contract as amended. . Any references in Division II and III to sections within Division I which have been deleted and replaced by provisions in Exhibit H shall be treated as references to the applicable section within Exhibit H. ORDER OF PRECEDENCE The order of precedence provided in Section 17 of the Construction Agreement is supplemented by the following: 1. Exhibit I - Supplemental Conditions. 2. Construction Agreement 3. Exhibit H — General Terms and Conditions 4. Advertisement for bids, instructions to bidders, proposal, contract form, payment and performance bond. 5. Exhibit M - Plans 6. Exhibit M - Specifications 7. Exhibit J - Technical Specifications 8. FDOT Roadway and Traffic Design Standards 9. FDOT Standard Specifications for Roadway and Bridge Construction 2 Packet Page -535- NO 10/9/2012 Item 16.A.1. TABLE OF CONTENTS I. GENERAL REQUIREMENTS & COVENANTS Section 1 Definitions and Terms .......................... ..............................3 Section 2 NOTE: Omitted Entirely (Proposed Requirements & Conditions) .... 10 Section 3 NOTE: Omitted Entirely (Award and Execution of Contract) .......... 11 Section 4 Scope of Work ................................... .............................11 Section 5 Control of Work .................................. .............................17 Section 6 Control of Materials .............................. .............................28 Section 7 Legal Requirements and Responsibility to the Public ...................31 Section 8 Prosecution and Progress ....................... .............................40 Section 9 Measurement and Payment ..................... .....................:.......50 2 Packet Page -536- 10/9/2012 Item 16.A.1. SECTION 1 DEFINITIONS AND TERMS 1 -1 General. These Specifications are written to the bidder, prior to award of the Contract, and to the Contractor. Within Divisions I and II of the specifications, sentences that direct the Contractor to perform work are written in the active voice - imperative mood. These directions to the Contractor are written as commands. In the imperative mood, the subject "the bidder" or "the Contractor" is understood. All other requirements to be performed by others, with the exception of the Method of Measurement and the Basis of Payment Articles, have been written in the active voice, but not in the imperative mood. Sentences written in the active voice identify the party responsible for performing the action. For example, "The Engineer will determine the density of the compacted material." Certain requirements of the Contractor may also be written in the active voice, rather than active voice- imperative mood. Division III of the Specifications (Materials) is written in the passive voice writing style. 1 -2 Abbreviations. The following abbreviations, when used in the Contract Documents, represent the full text shown. AAN American Association of Nurserymen, Inc. AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AGC The Associated General Contractors of America, Inc. AGMA American Gear Manufacturers Association AIA American Institute of Architects. AISI American Iron and Steel Institute ANSI American National Standards Institute, Inc. AREA American Railway Engineering Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWG American Wire Gauge AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association CRSI Concrete Reinforcing Steel Institute EASA Electrical Apparatus Service Association EPA Environmental Protection Agency of the United States Government FDOT Florida Department of Transportation FHWA Federal Highway Administration FSS Federal Specifications and Standards IEEE Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society IPCEA Insulated Power Cable Engineers Association ISO International Organization for Standards MSTCSD Minimum Specifications for Traffic Control Signals and Devices MUTCD Manual on Uniform Traffic Control Devices NEC National Electrical Code 2 Packet Page -537- 10/9/2012 Item 16.A.1. NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NIST National Institute for Standards and Technology NOAA National Oceanic and Atmospheric Administration OSHA Occupational Safety and Health Administration SAE Society of Automotive Engineers SI International System of Units SSPC Society of Protective Coatings UL Underwriters' Laboratories Each of the above abbreviations, when followed by a number or letter designation, or combination of numbers and letters, designates a specification, test method, or other code or recommendation of the particular authority or organization shown. Use standards, specifications, test methods, or other codes as specified in the current edition at the time of the bid opening. 1 -3 Definitions. The following terms, when used in the Contract Documents, have the meaning described Advertisement. The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished, usually issued as "Notice to Contractors," or "Notice to Bidders." Article. The numbered prime subdivision of a Section of these Specifications. Bidder. An individual, firm, or corporation submitting a proposal for the proposed work. Bridge. A structure, including supports, erected over a depression or over an obstruction such as water, highway or railway, or for elevated roadway, for carrying traffic or other moving loads, and having a length, measured along the center of the roadway, of more than 20 feet between the inside faces of end supports. A multiple -span box culvert is considered a bridge, where the length between the extreme ends of the openings exceeds 20 feet. Calendar day. Every day shown on the calendar, ending and beginning at midnight. Change Order. A written order issued by the Department and accepted by the Contractor, covering minor changes in the plans, specifications, or quantities of work, within the scope of the Contract, when prices for the items of work affected are previously established in the Contract. Contract. The term "Contract" means the entire and integrated agreement between the parties thereunder and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract Documents form the Contract between the Department and the Contractor setting forth the obligations of the parties thereunder, including, but not limited to, the performance of the Work and the basis of payment. 2 Packet Page -538- 10/9/2012 Item 16.A.1. Contract Claim (Claim). Am%, A written demand submitted to the Department by the Contractor in compliance with 5 -12.3 seeking additional monetary compensation, time, or other adjustments to the Contract, the entitlement or impact of which is disputed by the Department. Contract Bond. The security furnished by the Contractor and the surety as a guaranty that the Contractor shall fulfill the terms of the Contract and pay all legal debts pertaining to the construction of the project. Contract Letting. The date that the Department opened the bid proposals. Contract Time. The number of calendar days allowed for completion of the Contract work, including authorized time extensions. Contractor. The individual, firm, joint venture, or company contracting with the Department to perform the work. Contractor's Engineer of Record. A Professional Engineer registered in the State of Florida, other than the Engineer of Record or his subcontracted consultant, who undertakes the design and drawing of components of the permanent structure as part of a redesign or VECP, or for repair designs and details of the permanent work. The Contractor's Engineer of Record may also serve as the Specialty Engineer. The Contractor's Engineer of Record must be an employee of a pre - qualified firm. The firm shall be pre - qualified in accordance with the Rules of the Department of Transportation, Chapter 14 -75. Any Corporation or Partnership offering engineering services must hold a Certificate of Authorization from the Florida Department of Business and Professional Regulation. As an alternate to being an employee of a pre - qualified firm, the Contractor's Engineer of Record may be a pre - qualified Specialty Engineer. For items of the permanent work declared by the State Construction Office to be "major" or "structural ", the work performed by a pre - qualified Specialty Engineer must be checked by another pre - qualified Specialty Engineer. An individual Engineer may become pre - qualified in the work groups listed in the Rules of the Department of Transportation, Chapter 14 -75, if the requirements for the Professional Engineer are met for the individual work groups. Pre - qualified Specialty Engineers are listed on the State Construction Website. Pre - qualified Specialty Engineers will not be authorized to perform redesigns or VECP designs of items fully detailed in the plans. Controlling Work Items. The activity or work item on the critical path having the least amount of total float. The controlling item of work will also be referred to as a Critical Activity. Culverts. Any structure not classified as a bridge that provides an opening under the roadway. Delay. Any unanticipated event, action, force or factor which extends the Contractor's time of performance of any controlling work item under the Contract. The term "delay" is intended to cover all such K Packet Page -539- 10/9/2012 Item 16.A.1. events, actions, forces or factors, whether styled "delay", "disruption ", "interference ", "impedance ", "hindrance ", or otherwise, which are beyond the control of and not caused by the Contractor, or the Contractor's subcontractors, materialmen, suppliers or other agents. This term does not include "extra work". Department. Collier County Board of County Commissioners Developmental Specification. See definition for Specifications. Engineer. The Director, Collier County Transportation and Construction Management Department (TECM), acting directly or through duly authorized representatives; such representatives acting within the scope of the duties and authority assigned to them. Note: In order to avoid cumbersome and confusing repetition of expressions in these Specifications, it is provided that whenever anything is, or is to be done, if, as, or, when, or where "acceptable, accepted, approval, approved, authorized, condemned, considered necessary, contemplated, deemed necessary, designated, determined, directed, disapproved, established, given, indicated, insufficient, ordered, permitted, rejected, required, reserved, satisfactory, specified, sufficient, suitable, suspended, unacceptable, or unsatisfactory," it shall be understood as if the expression were followed by the words "by the Engineer," "to the Engineer," or "of the Engineer." Engineer of Record. The Professional Engineer or Engineering Firm registered in the State of Florida that develops the criteria and concept for the project, performs the analysis, and is responsible for the preparation of the Plans and Specifications. The Engineer of Record may be Departmental in -house staff or a consultant retained by the Department. The Contractor shall not employ the Engineer of Record as the Contractor's Engineer of Record or as a Specialty Engineer. Equipment. The machinery and equipment, together with the necessary supplies for upkeep and maintenance thereof, and all other tools and apparatus necessary for the construction and acceptable completion of the work. Extra Work. Any "work" which is required by the Engineer to be performed and which is not otherwise covered or included in the project by the existing Contract Documents, whether it be in the nature of additional work, altered work, deleted work, work due to differing site conditions, or otherwise. This term does not include a "delay ". Highway, Street, or Road. A general term denoting a public way for purposes of vehicular travel, including the entire area within the right -of -way. Holidays. Days designated by the State Legislature or Cabinet as holidays, which include, but are not limited to, New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the following Friday, and Christmas Day. 2 Packet Page -540- 10/9/2012 Item 16.A.1. Inspector. An authorized representative of the Engineer, assigned to make official inspections of the materials furnished and of the work performed by the Contractor. Laboratory., The official testing laboratory used by the Department. Major Item of Work. Any item of work having an original Contract value in excess of 5% of the original Contract amount. Materials. Any substances to be incorporated in the work under the Contract. Median. The portion of a divided highway or street separating the traveled ways for traffic moving in opposite directions. Plans. The approved plans, including reproductions thereof, showing the location, character, dimensions, and details of the work. Proposal (Bid, Bid Proposal). The offer of a bidder, on the prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. Proposal Form. The official form or the expedite program generated bid item sheets on which the Department requires formal bids to be prepared and submitted for the work. Proposal Guaranty The security furnished by the bidder as guaranty that the bidder will enter into the Contract for the work if the Department accepts the proposal. Right -of -Way. The land that the Department has title to, or right of use, for the road and its structures and appurtenances, and for material pits furnished by the Department. Roadbed. The portion of the roadway occupied by the subgrade and shoulders. Roadway. The portion of a highway within the limits of construction. Secretary. Transportation Administrator, Collier County, acting directly or through an assistant or other representative authorized by him. Section. Packet Page -541- 2 10/9/2012 Item 16.A.1. A numbered prime division of these Specifications. Special Provisions. See definition for Specifications. Specialty Engineer. A Professional Engineer registered in the State of Florida, other than the Engineer of Record or his subcontracted consultant, who undertakes the design and drawing preparation of components, systems, or installation methods and equipment for specific temporary portions of the project work or for special items of the permanent works not fully detailed in the plans and required to be furnished by the Contractor such as but not limited to pot bearing designs, non - standard expansion joints, MSE wall designs and other specialty items. The Specialty Engineer -may also provide designs and details for items of the permanent work declared by the State Construction Office to be "minor" or "non- structural ". The Specialty Engineer may be an employee or officer of the Contractor or a fabricator, an employee or officer of an entity providing components to a fabricator, or an independent consultant. For items of work not specifically covered by the Rules of the Department of Transportation, a Specialty Engineer is qualified if he has the following qualifications: (1) Registration as a Professional Engineer in the State of Florida. (2) The education and experience necessary to perform the submitted design as required by the Florida Department of Business and Professional Regulation. Specifications. The directions, provisions, and requirements contained herein, together with all stipulations contained in the Contract Documents, setting out or relating to the method and manner of performing the work, or to the quantities and qualities of materials and labor to be famished under the Contract. A. Standard Specifications: "Standard Specifications for Road and Bridge Construction" a bound book, applicable to all Department Contracts containing adopted requirements, setting out or relating to the method or manner of performing work, or to the quantities and qualities of materials and labor. B. Supplemental Specifications: Approved additions and revisions to the Standard Specifications, applicable to all Department Contracts. C. Special Provisions: Specific clauses adopted by the Department that add to or revise the Standard Specifications or supplemental specifications, setting forth conditions varying from or additional to the Standard Specifications applicable to a specific project. D. Technical Special Provisions: Specifications, of a technical nature, prepared, signed, and sealed by an Engineer registered in the State of Florida other than the State Specifications Engineer or designee, that are made part of the Contract as an attachment to the Contract. E. Developmental Specification: A specification developed around a new process, procedure, or material. Standard Specifications. See definition for Specifications. State. State of Florida. Packet Page -542- 4 10/9/2012 Item 16.A.1. Subgrade. The portion of the roadbed immediately below the base course or pavement, including below the curb and gutter, valley gutter, shoulder and driveway pavement. The subgrade limits ordinarily include those portions of the roadbed shown in the plans to be constructed to a design bearing value or to be otherwise specially treated. Where no limits are shown in the plans, the subgrade section extends to a depth of 12 inches below the bottom of the base or pavement and outward to 6 inches beyond the base, pavement, or curb and gutter. Substructure. All of that part of a bridge structure below the bridge seats, including the parapets, backwalls, and wingwalls of abutments. Superintendent. The Contractor's authorized representative in responsible charge of the work. Superstructure. The entire bridge structure above the substructure, including anchorage and anchor bolts, but excluding the parapets, backwalls, and wingwalls of abutments. Supplemental Agreement A written agreement between the Contractor and the Department, and signed by the surety, modifying the Contract within the limitations set forth in these Specifications. Supplemental Specifications See definition for Specifications. Surety. The corporate body that is bound by the Contract Bond with and for the Contractor and responsible for the performance of the Contract and for payment of all legal debts pertaining thereto. Technical Special Provisions. See definition for Specifications. Traveled Way. The portion of the roadway providing for the movement of vehicles, exclusive of shoulders and auxiliary lanes. Unilateral Payment. A payment of money made to the Contractor by the Department pursuant to Section 337.11(11), Florida Statutes (1997), for sums the Department determines to be due to the Contractor for work performed on the project, and whereby the Contractor by acceptance of such payment does not waive any rights the Contractor may otherwise have against the Department for payment of any additional sums the Contractor claims are due for the work. Work. All labor, materials and incidentals required to execute and complete the requirements of the Contract including superintendence, use of equipment and tools, and all services and responsibilities prescribed or implied. 2 Packet Page -543- 10/9/2012 Item 16.A.1. Working Day. Any calendar day on which the Contractor works or is expected to work in accordance with the approved work progress schedule. SECTION 2 NOTE: OMITTED ENTIRELY (Proposal Requirements and Conditions 2010) SECTION 3 NOTE: OMITTED ENTIRELY (Award and Execution of Contract 2010) SECTION 4 SCOPE OF THE WORK 4 -1 Omitted Entirely (Intent of Contract) 4 -2 Omitted Entirely (Work not Covered by Standard Specifications) 4 -3 Alteration of Plans or of Character of Work. 4 -3.1 General: The Engineer reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract. The term "significant change" applies only when: (A) The Engineer determines that the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or (B) A major item of work, as defined in 1 -3, is increased in excess of 125% or decreased below 75% of the original Contract quantity. The Department will apply any price adjustment for an increase in quantity only to that portion in excess of 125% of the original Contract item quantity, or in case of a decrease below 75% to the actual amount of work performed, such allowance to be determined in accordance with 4 -3.2, below. In the instance of (A) above, the determination by the Engineer shall be conclusive and shall not subject to challenge by the Contractor in any forum, except upon the Contractor establishing by clear and convincing proof that the determination by the Engineer was without any reasonable and good -faith basis. 4 -3.2.1 Allowable Costs for Extra Work: The Engineer may direct in writing that extra work be done and, at the Engineer's sole discretion, the Contractor will be paid pursuant to an agreed Supplemental Agreement or in the following manner: (a) Labor and Burden: The Contractor will receive payment for actual costs of direct labor and burden for the additional or unforeseen work. Labor includes foremen 2 Packet Page -544- 10/9/2012 Item 16.A.1. actually engaged in the work; and will not include project supervisory personnel nor necessary on- site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager's position, shall only be for the pro -rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1 % of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. Payment for burden shall be limited solely to the following: Table 4 -3.2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holiday, Sick & Vacation benefits Actual Retirement benefits Actual Workers Compensation Rates based on the National Council on Compensation Insurance basic rate tables, adjusted by Contractor's actual experience modification factor in effect at the time of the additional work or unforeseen work. Per Diem Actual but not to exceed State of Florida's rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.). At the Pre - construction conference, certify to the Engineer the following: (1) A listing of on -site clerical staff, supervisory personnel and their pro -rated time assigned to the contract, (2) Actual Rate for items listed in Table 4- 3.2.1, (3) Existence of employee benefit plan. for Holiday, Sick and Vacation benefits and a Retirement Plan, and, (4) Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. (b) Materials and Supplies: For materials accepted by the Engineer and used on the project, the Contractor will receive the actual cost of such materials incorporated into the work, including Contractor paid transportation charges (exclusive of equipment as hereinafter set forth). For supplies reasonably needed for performing the work, the Contractor will receive the actual cost of such supplies. (c) Equipment: For any machinery or special equipment (other than small tools), including fuel and lubricant, the Contractor will receive 100% of the "Rental Rate Blue Book" for the actual time that such equipment is in operation on the work, and 50% of the "Rental Rate 2 Packet Page -545- 10/9/2012 Item 16.A.1. Blue Book" for the time the equipment is directed to standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the { date the work to be performed begins) of the "Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for Older Construction Equipment," whichever is applicable, as published by Machinery Information Division of PRIMEDIA Information, Inc. (version current at the time of bid), using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue Book. Allowable Equipment Rates will be established as set out below: (1) Allowable Hourly Equipment Rate = Monthly Rate /176 x Adjustment Factors x 100 %. (2) Allowable Hourly Operating Cost = Hourly Operating Cost x 100 %. (3) Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost. (4) Standby Rate = Allowable Hourly Equipment Rate x 50 %. The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight or more hours. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Department will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Department will pay for the time to perform this work at the rate for standby equipment. Equipment may include vehicles utilized only by Labor, as defined above. (d) Indirect Costs, Expenses, and Profit: Compensation for all indirect costs, expenses, and profit of the Contractor, including but not limited to overhead of any kind, whether jobsite, field office, division office, regional office, home office, or otherwise, is expressly limited to the greater of either (1) or (2) below: (1) Solely a mark -up of 17.5% on the payments in (a) through (c), above. (i) Bond: The Contractor will receive compensation for any premium for acquiring a bond for such additional or, unforeseen work; provided, however, that such payment for additional bond will only be paid upon presentment to the Department of clear and convincing proof that the Contractor has actually provided and paid for separate bond premiums for such additional or unforeseen work in such amount. (ii) The Contractor will be allowed a markup of 10% on the first $50,000 and a markup of 5% on any amount over $50,000 on any subcontract directly related to the additional or unforeseen work. Any such subcontractor mark -up will be allowed only by the prime Contractor and a first tier subcontractor, and the Contractor must elect the markup for any eligible first tier subcontractor to do so. (2) Solely the formula set forth below and only as applied solely as to such number of calendar days of entitlement that are in excess of ten cumulative calendar days as defined below. D =AxC B Packet Page -546- 2 10/9/2012 Item 16.A.1. Where A = Original Contract Amount B = Original Contract Time ., C =8% D = Average Overhead Per Day Cumulative Calendar Days is defined as the cumulative total number of calendar days granted for time extension due to delay of a controlling work item caused solely by the Department is, or the cumulative total number of calendar days for which entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ultimately determined in favor of the Contractor to be. Further, in the event there are concurrent delays to one or more controlling work items, one or more being caused by the Department and one or more being caused by the Contractor, the Contractor shall be entitled to a time extension for each day that a controlling work item is delayed by the Department but shall have no right to nor receive any monetary compensation for any indirect costs for any days of concurrent delay. No compensation, whatsoever, will be paid to the Contractor for any jobsite overhead and other indirect impacts when the total number of calendar days granted for time extension due to delay of a controlling work item caused solely by the Department is, or the total number of calendar days for which entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ultimately determined in favor of the Contractor to be, equal to or less than ten calendar days and the Contractor also fully assumes all monetary risk of any and all partial or single calendar day delay periods, due to delay of a controlling work item caused solely by the Department, that when cumulatively totaled together are equal to or less than ten calendar days and regardless of whether monetary compensation is otherwise provided for hereunder for one or more calendar days of time extension entitlement for each calendar day exceeding ten calendar days. All calculations under this provision shall exclude weather days, and days granted for performing additional work. 4 -3.2.2 Subcontracted Work: For work performed by a subcontractor, compensation for the additional or unforeseen work shall be solely limited to as provided for in 4 -3.2.1 (a), (b), (c) and (d)(1), with the exception of, in the instance of subcontractor performed work only, the subcontractor may receive compensation for any premium for acquiring a bond for the additional or unforeseen work; provided, however, that such payment for additional subcontractor bond will only be paid upon presentment to the Department of clear and convincing proof that the subcontractor has actually provided and paid for separate bond premiums for such additional or unforeseen work in such amount. The Contractor shall require the subcontractor to provide a certification, in accordance with 4- 3.2.1(a), as part of'the cost proposal and provide such to the Engineer. Such certification must be made by an officer or director of the subcontractor with authority to bind the subcontractor. Timely certification is a condition precedent to any right of the Contractor to recover compensation for such subcontractor costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such subcontractor costs. 4 -3.3 No Waiver of Contract: Changes made by the Engineer will not be considered to waive any of the provisions of the Contract, nor may the Contractor make any claim for loss of anticipated profits because of the changes, or by reason of any variation between the approximate quantities and the quantities of work actually performed. All work shall be performed as directed by the Engineer and in accordance with the Contract Documents. 4 -3.4 Conditions Requiring a Supplemental Agreement or Unilateral Payment: A Supplemental Agreement or Unilateral Payment will be used to clarify the plans and specifications of the Contract; to document quantity overruns that exceed 5% of the original Contract amount; to provide for unforeseen work, grade changes, or alterations in plans which could not reasonably have been contemplated or foreseen in the original plans and specifications; to change the limits of 2 Packet Page -547- 10/9/2012 Item 16.A.1. construction to meet field conditions; to provide a safe and functional connection to an existing pavement; to settle documented Contract claims; to make the project functionally operational in accordance with the intent of the original Contract and subsequent amendments thereto. A Supplemental Agreement or Unilateral Payment may be used to expand the physical limits of the project only to the extent necessary to make the project functionally operational in accordance with the intent of the original Contract. The cost of any such agreement extending the physical limits of the project shall not exceed $100,000 or 10% of the original Contract price, whichever is greater. Perform no work to be covered by a Supplemental Agreement or Unilateral Payment before written authorization is received from the Engineer. The Engineer's written authorization will set forth sufficient work information to allow the work to begin. The work activities, terms and conditions will be reduced to written Supplemental Agreement or Unilateral Payment form promptly thereafter. No payment will be made on a Supplemental Agreement or Unilateral Payment prior to the Department's approval of the document. 4 -3.5 Extra Work: Extra work authorized in writing by the Engineer will be paid in accordance with the formula in 4 -3.2. Such payment will be the full extent of all monetary compensation entitlement due to the Contractor for such extra work. Any entitlement to a time extension due to extra work will be limited solely to that provided for in 4 -3.2 for additional work. 4 -3.6 Connections to Existing Pavement, Drives and Walks: Generally adhere to the limits of construction at the beginning and end of the project as detailed in the plans. However, if the Engineer determines that it is necessary to extend the construction in order to make suitable connections to existing pavement, the Engineer will authorize such a change in writing. For necessary connections to existing walks and drives that are not indicated on the plans, the Engineer will provide direction regarding the proper connections in accordance with the Design Standards. 4 -3.7 Differing Site Conditions: During the progress of the work, if subsurface or laten physical conditions are encountered at the site differing materially from those indicated in the Contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the Contractor disturbs the conditions or performs the affected work. Upon receipt of written notification of differing site conditions from the Contractor, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment will be made, excluding loss of anticipated profits, and the Contract will be modified in writing accordingly. The Engineer will notify the Contractor whether or not an adjustment of the Contract is warranted. The Engineer will not allow a Contract adjustment for a differing site condition unless the Contractor has provided the required written notice. The Engineer will not allow a Contract adjustment under this clause for any effects caused to any other Department or non - Department projects on which the Contractor may be working. 4 -3.8 Changes Affecting Utilities: The Contractor shall be responsible for identifying and assessing any potential impacts to a utility that may be caused by the changes proposed by the Contractor, and the Contractor shall at the time of making the request for a change notify the Department in writing of any such potential impacts to utilities. Department approval of a Contractor proposed change does not relieve the Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct or indirect, resulting from Contractor initiated changes in the design or construction activities from those in the original Contract Specifications, design plans (including traffic control plans) or other Contract Documents and which effect a change in utility work different from that shown in the utility plans, joint project agreements or utility relocation schedules. K Packet Page -548- 10/9/2012 Item 16.A.1. 4-4 Omitted Entirely (Unforeseeable Work) 4 -5 Rights in and Use of Materials Found on the Site of the Work. 4 -5.1 Ownership and Disposal of Existing Materials: Take ownership and dispose of all materials that are not designated as the property of other parties, in both roadway and structures, found on the right -of -way, and all material in structures designated for removal. Such materials do not include earth or other excavated material required for the construction of the project. During construction, the Contractor may use materials from existing structures that are required to be removed and that are designated to remain the property of the Department. Do not cut or otherwise damage such material during removal unless the Engineer gives permission to do so. Store material in an accessible location as the Engineer directs. The Department is not responsible for the quality or quantity of any material salvaged. 4 -5.2 Ornamental Trees and Shrubs: Take ownership of all ornamental trees or shrubs existing in the right -of -way that are required to be removed for the construction operations and which are not specifically designated on the plans to be reset, or to be removed by others prior tothe construction operations. 4 -6 Omitted Entirely (Final Cleaning Up of Right -of -Way) SECTION 5 CONTROL OF THE WORK 5 -1 Plans and Working Drawings. 5 -1.1 Contract Documents: The Contractor may purchase copies of the Standard Specifications and Design Standards from the FDOT or access them from the FDOT's website. Have available on the worksite, at all-times, one copy of the Contract Documents. 5 -1.2 Department's Plans: Plans consist of general drawings showing such details as are , necessary to give a comprehensive idea of the construction contemplated. In general, roadway plans will show alignment, profile grades, typical cross - sections and general cross - sections. In general, structure plans will show in detail all dimensions of the work contemplated. When the structure plans do not show the dimensions in detail, they will show general features and such details as are necessary to give a comprehensive idea of the structure. Grades shown are finished grades, and B.M. Datum is North American Vertical Datum 1988 (NAVD -1988) National Geodetic Vertical Datum of 1929 (NGVD -1929) or other datum as noted in the plans. 5 -1.3 Alterations in Plans: The Department will issue, in writing, all authorized alterations affecting the requirements and information given on the approved plans. 5 -1.4 Shop Drawings: 5- 1.4.1. Definitions: (a) Shop Drawings: All working, shop and erection drawings, associated trade literature, calculations, schedules, manuals and similar documents submitted by the Contractor to define some portion of the. project work. The type of work includes both permanent and temporary works as appropriate to the project. (b) Permanent Works: All the permanent structures and parts thereof required of the completed Contract. (c) Temporary Works: Any temporary construction work necessary for the construction of the permanent works. This includes falsework, formwork, scaffolding, shoring, temporary earthworks, sheeting, cofferdams, special erection equipment and the like. (d) Construction Affecting Public Safety: Construction that may jeopardize public safety such as structures spanning functioning vehicular roadways, pedestrian walkways, 2 Packet Page -549- 10/9/2012 Item 16.A.1. railroads, navigation channels of navigable waterways and walls or other structure foundations located in embankments immediately adjacent to functioning roadways. It does not apply to those areas of the site under the Contractor's control and outside the limits of normal public access. (e) Major and Unusual Structures: Bridges of complex geometry and/or complex design. Generally, this includes the following types of structures: 1. Bridges with an individual span longer than 300 feet. 2. Structurally continuous superstructures with spans over 150 feet. 3. Steel box and plate girder bridges. 4. Steel truss bridges. 5. Concrete segmental and longitudinally post - tensioned continuous girder bridges. 6. Cable stayed or suspension bridges. 7. Arch bridges. 8. Tunnels. 9. Movable bridges (specifically electrical and mechanical components). 10. Rehabilitation, widening, or lengthening of any of the above. (f) Special Erection Equipment includes launching gantries, beam and winch equipment, form travelers, stability towers, strong- backs, erection trusses, launching noses or similar items made purposely for construction of the structure. It does not apply to commonly available proprietary construction equipment such as cranes. (g) Falsework includes any temporary construction work used to support the permanent structure until it becomes self - supporting. Falsework includes steel or timber beams, girders, columns, piles and foundations, and any proprietary equipment including modular shoring frames, post shores, and adjustable horizontal shoring. (h) Formwork includes any structure or mold used to retain plastic or fluid concrete in its designated shape until it hardens. Formwork comprises common materials such as wood or metal sheets, battens, soldiers and walers, ties, proprietary forming systems such as stay -in- place metal forms, and proprietary supporting bolts, hangers and brackets. Formwork may be either permanent formwork requiring a shop drawing submittal such as stay -in -place metal or concrete forms, or may be temporary formwork which requires certification by the Specialty Engineer for Construction Affecting Public Safety and for Major and Unusual Structures. (i) Scaffolding is an elevated work platform used to support workmen, materials and equipment, but not intended to support the structure. 0) Shoring is a component of falsework such as horizontal, vertical or inclined support members. In this Section, this term is interchangeable with falsework. (k) Contractor Originated Designs: Items which the Contract Documents require the Contractor to design, detail and incorporate into the permanent works. 5 -1.4.2 Work Items Requiring Shop Drawings: In general, the Department requires shop drawings for items of work not fully detailed in the plans which require additional drawings and coordination prior to constructing the item, including but not limited to: (a) Bridge components not fully detailed in the plans, i.e. segments, steel girder details, post- tensioning details, handrails, etc. (b) Retaining Wall Systems (c) Precast Box Culverts (d) Non - standard lighting, signalization and signing structures and components (e) Building structures K Packet Page -550- 10/9/2012 Item 16.A.1. (f) Drainage structures, attenuators, and other nonstructural items (g) Design and structural details furnished by the Contractor in compliance with the Contract (h) Temporary Works affecting public safety Additional clarification for certain types of bridge structures is provided in 5- 1.4.7. Other provisions of the Contract Documents may waive the requirement for submittals for certain items; i.e., items constructed from standard drawings or those complying with alternate details for prestressed members under Section 450. Review the Contract Documents to determine the submittals required. 5 -1.4.3 Schedule of Submittals: Prepare and submit a schedule of submittals that identifies the work for which shop drawings apply. For each planned submittal, define the type, and approximate number of drawings or other documents that are included and the planned submittal date, considering the processing requirements herein. Submit the schedule of submittals to the Department's Shop Drawing Review Office and the Engineer of Record within 60 days of the start of the Contract, and prior to the submission of any shop drawings. Coordinate subsequent submittals with construction schedules to allow sufficient time for review, approval, and re- submittal as necessary. 5 -1.4.4 Style, Numbering, and Material of Submittals: 5- 1.4.4.1 Drawings: Furnish two clearly legible photographic or xerographic copies of all shop drawings that are necessary to complete the structure in compliance with the design shown on the plans. Prepare all shop drawings using the same units of measure as those used in the Department's plans. Use sheets no larger than 11 by 17 inches. Consecutively number each sheet in the submittal series, and indicate the total number in the series (i.e., 1 of 12, 2 of 12, ..., 12 of 12). Include on each sheet the following items as a minimum requirement: the complete Financial Project Identification Number, Bridge Number(s), drawing title and number, a title block showing the names of the fabricator or producer and the Contractor for which the work is being done, the initials of the person(s) responsible for the drawing, the date on which the drawing was prepared, the location of the item(s) within the project, the Contractor's approval stamp with date and initials, and, when applicable, the documents shall be signed and sealed by the Specialty Engineer or Contractor's Engineer of Record, as appropriate. A re- submittal will be requested when any of the required information is not included. 5- 1.4.4.2 Other Documents: Provide four sets of original documents or clearly legible photographic or xerographic copies of documents other than drawings, such as trade literature, catalogue information, calculations, and manuals. Provide sheets no larger than 11 by 17 inches. Clearly label and number each sheet in the submittal to indicate the total number of sheets in the series (i.e., 1 of 12, 2 of 12,..., 12 of 12). Provide an additional three sets of documentation for items involved with precast prestressed components. Provide an additional two sets of documentation for items involving structural steel components. Prepare all documents using the same units of measure as those used in the Department's plans. Bind and submit all documents with a Table of Contents cover sheet. List on the cover sheet the total number of pages and appendices, and include the complete Financial Project Identification Number, a title referencing the submittal item(s), the name of the firm and person(s) responsible for the preparation of the document, the Contractor's approval stamp with date and initials, and, when applicable, the documents shall be signed and sealed by the Specialty Engineer or Contractor's Engineer of Record, as appropriate. Submit appropriately prepared and checked calculations and manuals that clearly outline the design criteria. Include on the internal sheets the complete Financial Project 2 Packet Page -551- 10/9/2012 Item 16.A.1. Identification Number and the initials of the person(s) responsible for preparing and checking the document. Clearly label trade literature and catalogue information on the front cover with the title, Financial Project Identification Number, date and name of the firm and person(s) responsible for that document. 5 -1.4.5 Submittal Paths and Copies: 5- 1.4.5.1 General: Shop drawings are not required for prequalified items. For non - prequalified items, determine the submittal path to be followed based upon the identity of the Engineer of Record as shown adjacent to the title block on the structural plan sheets, and on the key sheets of roadway plans, signing, and pavement marking plans, and/or lighting plans. At the preconstruction conference, the Department will notify the Contractor of any changes in the submittal path and whether the Department's or the Consultant's red -ink review stamp will signify an officially reviewed shop drawing. (a) When the Florida Department of Transportation is the Engineer of Record, submit shop drawings to the appropriate Department Shop Drawing Review Office with a copy of the letter of transmittal sent to the Resident Engineer. For work requiring other information (e.g., catalog data, procedure manuals, fabrication/welding procedures, and maintenance and operating procedures), submit the required number of copies to the appropriate Department Shop Drawing Review Office. If not shown on the plans, the Department will furnish the mailing address of the appropriate Department Shop Drawing Review Office. Provide copies of material certifications and material tests to the Resident Engineer. (b) When the Engineer of Record is a consultant hired by the Department, submit shop drawings to the consultant with a copy of the letter of transmittal sent to the Resident Engineer and, when requested, to the appropriate Department Shop Drawing Review Office. For work requiring other documentation (e.g., catalog data, procedure manuals, fabrication/welding procedures, and maintenance and operating manuals), submit the required number of copies with the prints. If not shown on the plans, the Department will furnish the mailing address of the Consulting Engineer of Record. Provide copies of material certifications and material tests to the Resident Engineer. 5- 1.4.5.2 Building Structures: Submit working, shop and erection drawings, and all correspondence related to building structures, such as Rest Area Pavilions, Office Buildings, and Maintenance Warehouses, to the Architect of Record for review and approval. Send a copy of the transmittal to the Resident Engineer. 5- 1.4.5.3 Contractor - Originated Design: Submit shop drawings and applicable calculations to the Engineer of Record for review. Ensure that each sheet of the shop drawings and the cover sheet of the calculations are signed and sealed by the Specialty Engineer or the Contractor's Engineer of Record. Transmit the submittal and copies of the transmittal letters in accordance with the requirements of 5- 1.4.5.1 through 5- 1.4.5.3, as appropriate. 5- 1.4.5.4 Temporary Works: For Construction Affecting Public Safety, submit to the Engineer of Record shop drawings and the applicable calculations for the design of special erection equipment, falsework, scaffolding, etc. Ensure that each sheet of the shop drawings and the cover sheet of the applicable calculations is signed and sealed by the Specialty Engineer. Transmit the submittal and copies of the transmittal letters in accordance with the requirements of 5- 1.4.5.1 through 5- 1.4.5.3, as appropriate. 5- 1.4.5.5 Formwork and Scaffolding: The Contractor is solely responsible for the safe installation and use of all formwork and scaffolding. The Department does not require any formwork or scaffolding submittals unless such work would be classified as Construction Affecting Public Safety. 2 Packet Page -552- 10/9/2012 Item 16.A.1. 5- 1.4.5.6 Other Miscellaneous Design and Structural Details Furnished by the Contractor in Compliance with the Contract: Submit to the Engineer of Record shop drawings and the applicable calculations. Ensure that each sheet of the shop drawings and the cover sheet of the applicable calculations is signed and sealed by the Specialty Engineer. Transmit the submittal and copies of the transmittal letters in accordance with the requirements of 5- 1.4.5.1 through 5- 1.4.5.3, as appropriate. 5 -1.4.6 Processing of Shop Drawings: 5- 1.4.6.1 Contractor Responsibility for Accuracy and Coordination of Shop Drawings: Coordinate, schedule, and control all submittals, with a regard for the required priority, including those of the various subcontractors, suppliers, and engineers, to provide for an orderly and balanced distribution of the work. Coordinate, review, date, stamp, approve and sign all shop drawings prepared by the Contractor or agents (subcontractor, fabricator, supplier, etc.) prior to submitting them to the Engineer of Record for review. Submittal of the drawings confirms verification of the work requirements, units of measurement, field measurements, construction criteria, sequence of assembly and erection, access and clearances, catalog numbers, and other similar data. Indicate on each series of drawings the specification section and page or drawing number of the Contract plans to which the submission applies. Indicate on the shop drawings all deviations from the Contract drawings and itemize all deviations in the letter of transmittal. Likewise, whenever a submittal does not deviate from the Contract plans, clearly state so in the transmittal letter. .Schedule the submission of shop drawings to allow for a 45 day review period. The review period commences upon the Engineer of Record's receipt of the valid submittal or re- submittal and terminates upon the transmittal of the submittal back to the Contractor. A valid submittal includes all the minimum requirements outlined in 5- 1.4.4. Allow 30 day review time for resubmittals. Submit shop drawings to facilitate expeditious review. The Contractor is discouraged from transmitting voluminous submittals of shop drawings at one time. For submittals transmitted in this manner, allow for the additional review time that may result. Only shop drawings distributed with the "red ink" stamps are valid and all work that the Contractor performs in advance of approval will be at the Contractor's risk. 5- 1.4.6.2 Scope of Review by Engineer: The Engineer of Record's review of the shop drawings is for conformity to the requirements of the Contract Documents and to the intent of the design. The Engineer of Record's review of shop drawings which include means, methods, techniques, sequences, and construction procedures are limited to the effects on the permanent works. The Engineer of Record's review of submittals which include means, methods, techniques, sequences, and construction procedures does not include an indepth check for the ability to perform the work in a safe or efficient manner. Review by the Engineer of Record does not relieve the Contractor of responsibility for dimensional accuracy to ensure field fit and for conformity of the various components and details. 5- 1.4.6.3 Special Review by Engineer of Shop Drawings for Construction Affecting Public Safety: For Construction Affecting Public Safety, the Engineer of Record, or other Engineer as the Department appoints for this purpose, will make an independent review of all relevant shop drawings and similar documents. Do not proceed with construction of the permanent works until receiving the Engineer of Record's approval. The review of these shop drawings is for overall structural adequacy of the item to support the imposed loads and does not include a check for economy, efficiency or ease of construction. 5 -1.4.7 Other Requirements for Shop Drawings for Bridges: Packet Page -553- 10/9/2012 Item 16.A.1. 5- 1.4.7.1 Shop Drawings for Structural Steel and Miscellaneous Metals: Furnish shop drawings for structural steel and miscellaneous metals. Shop drawings shall consist of working, shop, and erection drawings, welding procedures, and other working plans, showing details, dimensions, sizes of material, and other information necessary for the complete fabrication and erection of the metal work. 5- 1.4.7.2 Shop Drawings for Concrete Structures: Furnish shop drawings for concrete components that are not cast -in -place and are not otherwise exempted from submittal requirements. Also, furnish shop drawings for all details that are required for the effective prosecution of the concrete work and are not included in the Contract Documents such as: special erection equipment, masonry layout diagrams, and diagrams for bending reinforcing steel, in addition to any details required for concrete components for the permanent work. 5- 1.4.7.3 Shop Drawings for Major and Unusual Structures: In addition to any other requirements, within 60 days from the Notice to Proceed, submit information to the Engineer outlining the integration of the Major and Unusual Structure into the overall approach to the project. Where applicable to the project, include, but do not limit this information to: (1) The overall construction program for the duration of the Contract. Clearly show the Milestone dates. (For example, the need to open a structure by a certain time for traffic operations.) (2) The overall construction sequence. The order in which individual structures are to be built, the sequence in which individual spans of girders or cantilevers are erected, and the sequence in which spans are to be made continuous. (3) The general location of any physical obstacles to construction that might impose restraints or otherwise affect the construction, and an outline of how to deal with such obstacles while building the structure(s). (For example, obstacles might include road, rail and waterway clearances, temporary diversions, transmission lines, utilities, property, and the Contractor's own temporary works, such as haul roads, cofferdams, plant clearances and the like.) (4) The approximate location of any special lifting equipment in relation to the structure, including clearances required for the operation of the equipment. (For example, crane positions, operating radii and the like.) (5) The approximate location of any temporary falsework, and the conceptual outline of any special erection equipment. Provide the precise locations and details of attachments, fixing devices, loads, etc. in later detailed submittals. (6) An outline of the handling, transportation, and storage of fabricated components, such as girders or concrete segments. Provide the precise details in later detailed submittals. (7) Any other information pertinent to the proposed scheme or intended approach. Clearly and concisely present the above information on as few drawings as possible in order to provide an overall, integrated summary of the intended approach to the project. The Department will use these drawings for information, review planning, and to assess the Contractor's approach in relation to the intent of the original design. The delivery to and receipt by the Engineer does not constitute any Department acceptance or approval of the proposals shown thereon. Include the details of such proposals on subsequent detailed shop drawing submittals. Submit timely revisions and re- submittals for all variations from these overall scheme proposals. 5 -1.4.8 Modifications for Construction: Where the Engineer allows the Contractor to make modifications to the permanent works for the purposes of expediting the Contractor's chosen construction methods, the Contractor shall submit proposals to the Engineer of Record for review and approval prior to modifying the works. Submit proposals for minor 4 Packet Page -554- 10/9/2012 Item 16.A.1. modifications under the shop drawing process. Indicate on all drawings the deviations from the Contract Documents and itemize all deviations in the letter of transmittal. The Department will Amok require additional submittals and/or submittal under a Value Engineering Change Proposal for major modifications. Minor modifications are those items that, in the opinion of the Engineer, do not significantly affect the quantity of measured work, or the integrity or maintainability of the structure or its components. (For example, adjusting concrete dimensions, substituting steel plate sizes, changing reinforcing bar size and spacing, etc., all within the acceptable limits of the design.) Major modifications are any modifications that, in the opinion of the Engineer, significantly affect the quantity of measured work, or the integrity or maintainability of the structure or its' components. (For example, substituting alternative beam sizes and spacings, changing material strength or type, and the like.) Provide signed and sealed revised sheets to the Engineer for any required revisions to the Contract plans prior to submitting shop drawings. The Engineer's decision on the delineation between a minor and a major modification and the disposition of a proposal is final. 5 -1.4.9 Cost of Shop Drawings: Include the cost of furnishing shop and working drawings in the Contract prices for the work requiring the shop and working drawings. The Department will not pay the Contractor additional compensation for such drawings. 5 -1.5 Certifications: 5 -1.5.1 Special Erection Equipment: Prior to its use, ensure that the Specialty Engineer personally inspects the special erection equipment and certifies to the Engineer in writing that the equipment has been fabricated in accordance with the submitted drawings and calculations. In addition, after assembly, ensure that the Specialty Engineer observes the equipment in use and certifies to the Engineer in writing that it is being used as intended and in accordance with the submitted drawings and calculations. In each case, ensure that the Specialty Engineer also signs and seals the letter of certification. 5 -1.5.2 Falsework and Shoring Requiring Shop Drawings: After its erection or installation but prior to the application of any superimposed load, ensure that the Specialty Engineer personally inspects the falsework and certifies to the Engineer in writing that the falsework has been constructed in accordance with the materials and details shown on the submitted drawings and calculations. Ensure that the Specialty Engineer also signs and seals the letter of certification. 5 -1.5.3 Temporary Formwork: For Construction Affecting Public Safety and for Major and Unusual Structures, prior to the placement of any concrete, ensure that the Specialty Engineer inspects the formwork and certifies to the Engineer in writing that the formwork has been constructed to safely withstand the superimposed loads to which it will be subjected. Ensure that the Specialty Engineer signs and seals the letter of certification. 5 -1.6 Corrections for Construction Errors: For work that the Contractor constructs incorrectly or does not meet the requirements of the Contract Documents, the Contractor has the prerogative to submit an acceptance proposal to the Engineer for review and disposition. The acceptance proposal shall describe the error or defect and either describe remedial action for its correction. or propose a method for its acceptance. In either case, the acceptance proposal shall address structural integrity, aesthetics, maintainability, and the effect on Contract Time. The Department will judge any such proposal for its effect on these criteria and also for its effect on Contract Administration. When the Engineer judges that a proposal infringes on the structural integrity or maintainability of the structure, the Contractor's Engineer of Record will perform a technical assessment and submit it to the Engineer for approval. Do not take any corrective action without the K Packet Page -555- 10/9/2012 Item 16.A.1. Engineer's approval. Carry out all approved corrective construction measures at no expense to the Department. Notwithstanding any disposition of the compensation aspects of the defective work, the Engineer's decision on the technical merits of a proposal is final. 5 -3 Conformity of Work with Contract Documents. Perform all work and furnish all materials in reasonably close conformity with the lines, grades, cross - sections, dimensions, and material requirements, including tolerances, as specified in the Contract Documents. In the event that the Engineer finds that the Contractor has used material or produced a finished product that is not in reasonably close conformity with the Contract Documents, but that the Contractor has produced reasonably acceptable work, the Engineer will determine if the Department will accept the work in place. In this event, the Engineer will document the basis of acceptance by Contract modification, which provides for an appropriate reduction in the Contract price for such work or materials included in the accepted work as deemed necessary to conform to the determination based on engineering judgment. In the event that the Engineer finds that the Contractor has used material or produced a finished product that is not in reasonably close conformity with the Contract Documents, and that the Contractor has produced an inferior or unsatisfactory product, the Contractor shall remove and replace or otherwise correct the work or materials at no expense to the Department. For base and surface courses, the Department will allow the finished grade to vary as much as 0.1 foot from the grade shown in the plans, provided that the Contractor's work meets all templates and straightedge requirements and contains suitable transitions. 5 -4 Omitted Entirely (Errors or Omissions in Contract Documents) 5 -5 Authority of the Engineer. Perform all work to the satisfaction of the Engineer. The Engineer will decide all questions, difficulties, and disputes, of whatever nature, that may arise relative to the interpretation of the plans, construction, prosecution, and fulfillment of the Contract, and as to the character, quality, amount, and value of any work done, and materials furnished, under or by reason of the Contract. 5 -6 Authority and Duties of Engineer's Assistants. The Engineer may appoint such assistants and representatives as he desires. These assistants and representatives are authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the manufacture, preparation, or fabrication of the materials to be used. Such assistants and representatives are not authorized to revoke, alter, or waive any requirement of these Specifications. Rather, they are authorized to call to the attention of the Contractor any failure of the work or materials to meet the Contract Documents, and have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the Engineer. The Engineer will immediately notify the Contractor in writing of any such suspension of the work, stating in detail the reasons for the suspension. The presence of the inspector or other assistant in no way lessens the responsibility of the Contractor. 5 -7 Engineering and Layout. 5 -7.1 Control Points Furnished by the Department: The Engineer will provide centerline. control points (Begin Project, End Project, PIs, PTs, etc.) and bench marks at appropriate intervals along the line of the project to facilitate the proper layout of the work. Normally, the Engineer will 2 Packet Page -556- 10/9/2012 Item 16.A.1. furnish only one bench mark for water crossings. Preserve all reference points and bench marks that the Department furnishes. As an exception to the above, for projects where the plans do not show a centerline or other survey control line for construction of the work (e.g., resurfacing, safety modifications, etc.) the Engineer will provide only points marking the beginning and ending of the project, and all exceptions. 5 -7.2 Furnishing of Stake Materials: Furnish all stakes, templates, and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the work. 5 -7.3 Layout of Work: Utilizing the control points furnished by the Department in accordance with 5 -7.1, establish all horizontal and vertical controls necessary to construct the work in conformity to the Contract Documents. Perform all calculations required, and set all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all roadway, bridge, and miscellaneous items. When performing utility construction as part of the project, establish all horizontal and vertical controls necessary to carry out such work. 5 -7.4 Specific Staking Requirements: When performing new base construction as part of the project, set stakes to establish lines and grades for subgrade, base, curb, and related items at intervals along the line of the work no greater than 50 feet on tangents and 25 feet on curves. Set grade stakes at locations that the Engineer directs to facilitate checking of subgrade, base, and pavement elevations in crossovers, intersections, and irregular shaped areas. For bridge construction stakes and other control, set references at sufficiently frequent intervals to ensure construction of all components of a structure in accordance with the lines and grades shown in the plans. For projects where the plans do not show a centerline or other survey control line for construction of the work (resurfacing, safety modifications, etc.), provide only such stakes as necessary for horizontal and vertical control of work items. For resurfacing and resurfacing - widening type projects, establish horizontal controls adequate to ensure that the asphalt mix added matches with the existing pavement. In tangent sections, set horizontal control points at 100 foot intervals by an instrument survey. In curve sections, set horizontal control points at 25 foot intervals by locating and referencing the centerline of the existing pavement. Establish by an instruunent survey, and mark on the surface of the finished pavement at 25 foot intervals, the points necessary for striping of the finished roadway. As an exception, for resurfacing and resurfacing /widening projects, establish these points in the same manner as used for horizontal control of paving operations. Mark the pavement with white paint. If performing striping, the Engineer may approve an alternate method for layout of striping provided that the Contractor achieves an alignment equal to or better than the alignment that would be achieved using an instrument survey. For projects that include temporary or permanent striping of "no passing zones ", provide the location and length of these zones as shown in the plans, except projects where the vertical or horizontal alignment is new or altered from preconstruction alignment. For projects that consist of new or altered vertical or horizontal alignment, the Department will provide the location and length of the "no passing zones" during construction. For these projects, notify the Engineer not less than 21 calendar days prior to beginning striping. For all projects, set a station identification stake at each right -of -way line at 100 foot intervals and at all locations where a change in right -of -way width occurs. Mark each of these stakes with painted numerals, of a size readable from the roadway, corresponding to the project 2 Packet Page -557- 10/9/2012 Item 16.A.1. station at which it is located. As an exception to the above, for projects where plans do not show right -of -way lines, set station identification stakes at locations and intervals appropriate to the type of work being done. For resurfacing and resurfacing /widening projects, set station identification stakes at 200 foot intervals. 5 -7.5 Personnel, Equipment, and Record Requirements: Employ only competent personnel and use only suitable equipment in performing layout work. Do not engage the services of any person or persons in the employ of the Department for performance of layout work. Keep adequate field notes and records while performing as layout work. Make these field notes and records available for the Engineer's review as the work progresses, and furnish copies to the Engineer at the time of completion of the project. The Engineer's inspection, checking, or acceptance of the Contractor's field notes or layout work does not relieve the Contractor of his responsibility to achieve the lines, grades, and dimensions shown in the Contract Documents. Prior to final acceptance of the project, mark, in a permanent manner on the surface of the completed work, all horizontal control points originally furnished by the Department. 5 -7.6 Payment: Include the cost of performing layout work as described above in the Contract unit prices for the various items of work that require layout. 5 -8 Omitted Entirely (Contractor's Supervision) 5 -9 Omitted Entirely (General Inspection Requirements) 5 -10 Omitted Entirely (Final Inspection) 5 -11 Omitted Entirely (Final Acceptance) 5 -12 Omitted Entirely (Claims by Contractor) 5 -13 Omitted Entirely (Recovery, Subsequent to Final Payment) SECTION 6 CONTROL OF MATERIALS 6 -1 Acceptance Criteria. 6 -1.1 General: Acceptance of materials is based on the following criteria. All requirements may not apply to all materials. Use only materials in the work that meet the requirements of these Specifications. The Engineer may inspect and test any material, at points of production, distribution and use. 6 -1.2 Sampling and Testing: Use the Department's current sample identification and tracking system to provide related information and attach the information to each sample. Restore immediately any site from which material has been removed for sampling purposes to the pre - sampled condition with materials and construction methods used in the initial construction, at no additional cost to the Department. Ensure when a material is delivered to the location as described in the Contract Documents, there is enough material delivered to take samples, at no expense to the Department. 6 -1.2.1 Pretest by Manufacturers: Submit certified manufacturer's test results to the Engineer for qualification and use on Department projects. Testing will be as specified in the Contract Documents. The Department may require that manufacturers submit samples of materials for independent verification purposes. 6 -1.2.2 Point of Production Test: Test the material during production as specified in the Contract Documents. 6 -1.2.3 Point of Distribution Test: Test the material at Distribution facilities as specified in the Contract Documents. 6 -1.2.4 Point of Use Test: Test the material immediately following placement as specified in the Specifications. After delivery to the project, the Department may require the retesting of materials that have been tested and accepted at the source of supply, or may require the 2 Packet Page -558- 10/9/2012 Item 16.A.1. testing of materials that are to be accepted by Producer Certification. The Department may reject all materials that, when retested, do not meet the requirements of these Specifications. 6 -1.3 Certification: 6 -1.3.1 Producer Certification: Provide complete certifications for materials as required. Furnish to the Engineer for approval, Producer Certifications for all products listed on the Qualified Products List and when required by the applicable material Specification (s). Do not incorporate any manufactured products or materials into the project without approval from the Engineer. Materials will not be considered for payment when not accompanied by Producer Certification. Producers may obtain sample certification forms through the Department's website. Ensure that the certification is provided on the producer's letterhead and is signed by a legally responsible person from the producer and notarized. 6- 1.3.1.1 Qualified Products List: The Product Evaluation Section in the State Specifications and Estimates Office publishes and maintains a Qualified Products List. This list provides assurance to Contractors, consultants, designers, and Department personnel that specific products and materials are approved for use on Department facilities. The Department will limit the Contractor's use of products and materials that require pre - approval to items listed on the Qualified Products List effective at the time of placement. Manufacturers seeking evaluation in accordance with Departmental procedures of an item must submit a Product Evaluation Application, available on the Department's website www2. dot. state. fl. us / specificationsestimates/ productevaIuation /qpl /submifalprocess.aspx , with supporting documentation as defined and detailed by the applicable Specifications and Standards. This may include certified test reports from an independent test laboratory, certification that the material meets all applicable specifications, signed and sealed drawings and calculations, quality control plans, samples, infrared scans, or other technical data. Manufacturers successfully completing the Department's evaluation are eligible for inclusion on the Qualified Products List. The Department will consider any marked variations from original test values for a material or any evidence of inadequate field performance of a material as sufficient evidence that the properties of the material have changed, and the Department will remove the material from the Qualified Products List. 6- 1.3.1.2 Approved Products List: The State Traffic Operations Office maintains the Approved Products List of Traffic Control Signal Devices. Traffic Monitoring Site Equipment and Materials are also included on the Approved Products List. This list provides assurance to Maintaining Agencies, Contractors, consultants, designers, and Department personnel that the specific items listed are approved for use on Department facilities. The Department will limit the Contractor's procurement and use of Traffic Control Signal Devices, and Traffic Monitoring Site equipment and materials to only those items listed on the Approved Products List that is effective at the time of procurement, except as provided in Section 603. The approval process is described in detail on the State Traffic Operation website, www. dot. state. fl. us /trafficoperations /terl /apl2.htm . Manufacturers seeking evaluation of a specific device must submit an application which can be obtained from the State Traffic Operations Office. 6 -1.3.2 Contractor Installation Certification: Provide installation certifications as required by the Contract Documents. 6 -2 Applicable Documented Authorities Other Than Specifications. 6 -2.1 General: Details on individual materials are identified in various material specific Sections of the Specifications that may refer to other documented authorities for requirements. When specified, meet the requirements as defined in such references. 6 -2.2 Test Methods: Methods of sampling and testing materials are in accordance with the Florida Methods (FM). If a Florida Method does not exist for a particular test, perform the Aswok testing in accordance with the method specified in the Specification. When test methods or 2 Packet Page -559- 10/9/2012 Item 16.A.1. other standards are referenced in the Specifications without identification of the specific time of issuance, use the most current issuance, including interims or addendums thereto, at the time of bid opening. 6 -2.3 Construction Aggregates: Aggregates used on Department projects must be in accordance with Rule 14 -103, FAC. 6 -3 Storage of Materials and Samples. 6 -3.1 Method of Storage: Store materials in such a manner as to preserve their quality and fitness for the work, to facilitate prompt inspection, and to minimize noise impacts on sensitive receivers. More detailed specifications concerning the storage of specific materials are prescribed under the applicable Specifications. The Department may reject improperly stored materials. 6 -3.2 Use of Right -of -Way for Storage: If the Engineer allows, the Contractor may use a portion of the right -of -way for storage purposes and for placing the Contractor's plant and equipment. Use only the portion of the right -of -way that is outside the clear zone, which is the portion not required for public vehicular or pedestrian travel. When used, restore the right -of- way to pre- construction condition at no additional cost to the Department or as specified in the Contract Documents. Provide any additional space required at no expense to the Department. 6 -3.3 Responsibility for Stored Materials: Accept responsibility for the protection of stored materials. The Department is not liable for any loss of materials, by theft or otherwise, or for any damage to the stored materials. 6 -3.4 Storage Facilities for Samples: Provide facilities for storage of samples as described in the Contract Documents and warranted by the test methods and Specifications. 6-4 Defective Materials. Materials not meeting the requirements of these Specifications will be considered defective. The Engineer will reject all such materials, whether in place or not. Remove all rejected material immediately from the site of the work and from storage areas, at no expense to the Department. Do not use material that has been rejected and the defects corrected, until the Engineer has approved the material's use. Upon failure to comply promptly with any order of the Engineer made under the provisions of this Article, the Engineer has the authority to have the defective material removed and replaced by other forces and deduct the cost of removal and replacement from any moneys due or to become due the Contractor. As an exception to the above, within 30 calendar days of the termination of the LOT or rejection of the material, the Contractor may submit a proposed scope of work to the Engineer for an engineering or independent laboratory (as approved by the Engineer) analysis to determine the disposition of the material. A Specialty Engineer, who is an independent consultant, or the Contractor's Engineer of Record as stated within each individual Section shall perform any such analysis. Upon the Engineer's approval of the scope of work submitted by the Contractor, the engineering analysis must be completed and the report must be submitted to the Engineer within 45 calendar days, or other time frame as approved by the Engineer. The report must be signed and sealed by the Specialty Engineer. The Engineer will determine the final disposition of the material after review of the information submitted by the Contractor. No additional monetary compensation or time extension will be granted for the impact of any such analysis or review. 6 -5 Products and Source of Supply. 6 -5.3 Contaminated, Unfit, Hazardous, and Dangerous Materials: Do not use any material that, after approval and /or placement, has in any way become unfit for use. Do not use materials containing any substance that has been determined to be hazardous by the State of Florida Department of Environmental Protection or the U.S. Department of Environmental Protection. Provide workplaces free 0 Packet Page -560- 10/9/2012 Item 16.A.1. from serious recognized hazards and to comply with occupational safety and health standards, as determined by the U.S. Department of Labor Occupational Safety and Health Administration. "' SECTION 7 LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC 7 -1 Omitted Entirely (Laws to be Observed) 7 -2 Permits and Licenses. 7 -2.1 General: Except for permits procured by the Department, as incorporated by Special Provision expanding this Subarticle, if any, procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. The Department will also acquire any modifications or revisions to an original permit incorporated by Special Provision to this Subarticle when the Contractor requires such modifications or revisions to complete the construction operations specified in the plans or Special Provisions and within the right -of -way limits. Acquire all permits for work performed outside the right -of -way or easements for the project. In carrying out the work in the Contract, when under the jurisdiction of any environmental regulatory agency, comply with all regulations issued by such agencies and with all general, special, and particular conditions relating to construction activities of all permits issued to the Department as though such conditions were issued to the Contractor. Post all permit placards in a protected location at the worksite. In case of a discrepancy between any permit condition and other Contract Documents, the more stringent condition shall prevail. 7 -2.2 Work or Structures in Navigable Waters of the U.S., Waters of the U.S., and Waters of the State: In general, one or more governmental agencies will exercise regulatory authority over work or structures, including related construction operations, in all tidal areas (Channelward of the mean high water lines on the Atlantic and Gulf Coast); in the ocean and gulf waters to the outer limits of the continental shelf, in all rivers, streams, and lakes to the ordinary high water line; in marshes and shallows that are periodically inundated and normally characterized by aquatic vegetation capable of growth and reproduction; in all artificially created channels and canals used for recreational, navigational, or other purposes that are connected to navigable waters; and in all tributaries of navigable waters up to their headwaters. Whenever the work under or incidental to the Contract requires structures or dredge /fill /construction activities in "Navigable Waters of the U.S.," "Waters of the U.S.," and "Waters of the State," the Federal, State, county, and local regulatory agencies may require the Department to obtain a permit. For such dredge /fill /construction specified in the plans to be accomplished within the limits of the project, or for any dredge /fill /construction within the limits of Department- furnished borrow areas, the Department will procure the necessary permits prior to advertising for bids. 7 -3 Patented Devices, Materials and Processes. Include all royalties and costs arising from patents, trademarks, and copyrights, in any way involved in the work in the Contract price. Whenever using any design, device, material, or process covered by letters patent or copyright, obtain the right for such use by suitable legal agreement with the patentee or owner of the copyright. File a copy of such agreement with the Engineer. However, Packet Page -561- 10/9/2012 Item 16.A.1. whether or not such agreement is made or filed as noted, the Contractor and the surety in all cases shall indemnify, defend, and save harmless, the Department from all claims for infringement by reason of the use of any such patented design, device, material, or process on work under the Contract, and shall indemnify the Department for all costs, expenses, and damages that it may be obliged to pay by reason of any such infringement, at any time during the prosecution or after the completion of the work. 7 -4 Omitted Entirely (Right -of -Way Furnished by the Department) 7 -5 Restoration of Surfaces Opened by Permit. Upon the presentation of a duly authorized and satisfactory permit that provides that all necessary repair work will be paid for by the party holding such permit, the Engineer may authorize the Contractor to allow parties bearing such permits to make openings in the highway. Upon the Engineer's written order, perform, in an acceptable manner, all necessary repairs due to such openings, and such necessary work that the Engineer orders, subject to the same conditions as the original work performed. The Department will pay the Contractor for such work either under applicable Contract items or terms. 7 -6 Sanitary Provisions. The Contractor shall provide and maintain, in a neat and sanitary condition, such accommodations for the use of his employees as are necessary to comply with the requirements and regulations of the State and local boards of health. Commit no public nuisance. 7 -7 Control of the Contractor's Equipment. 7 -7.1 Traffic Interference: Do not allow equipment, while it is on or traversing a road or street, to unreasonably interfere with traffic. 7 -7.2 Overloaded Equipment: Do not operate on any road or street any hauling unit or equipment loaded in excess of (1) the maximum weights specified in the Florida Uniform Traffic Control Law, or (2) lower weights legally established for any section of road or bridge by the Department or local authorities. The governmental unit having jurisdiction over a particular road or bridge may provide exceptions by special permit under the provisions of 7 -7.3. This restriction applies to all roads and bridges inside and outside the Contract limits as long as these roads and bridges are open for public use. The Contractor may overload roads and bridges which are to be demolished after they are pennanently closed to the public. The Contractor is responsible for all loss or damages resulting from equipment operated on a structure permanently closed to the public. 7 -7.3 Crossings: Where it is necessary to cross an existing road or street, including specifically the existing traveled lanes of a divided highway within the limits of the project, obtain permits from the Department, for crossing overloaded or oversized equipment. Cross existing roads or streets only at Engineer- designated points. The Engineer may require the Contractor to protect the pavement or Roadway at the crossing by using lumber, planks, or fill. Provide flagging and watchman service, or approved signal devices, for the protection of traffic at all such crossings, in accordance with an approved written plan for that activity. 7 -7.4 Protection from Damage by Tractor -Type Equipment: Take positive measures to ensure that tractor -type equipment does not damage the road. If any such damage should occur, repair it without delay, at no expense to the Department and subject to the Engineer's approval. 7 -7.5 Contractor's Equipment on Bridge Structures: The Specialty Engineer shall analyze the effect of imposed loads on bridge structures, within the limits of a construction contract, resulting from the following operations: 2 Packet Page -562- 10/9/2012 Item 16.A.1. (1) Overloaded Equipment as defined in 7 -7.2: (a) Operating on or crossing over completed bridge structures. (b) Operating on or crossing over partially completed bridge structures. (2) Equipment within legal load limits: (a) Operating on or crossing over partially completed bridge structures. (3) Construction cranes: (a) Operating on completed bridge structures. (b) Operating on partially completed bridge structures. Any pipe culvert(s) or box culvert(s) qualifying as a bridge under 1 -3 is excluded from the requirements above. A completed bridge structure is a bridge structure in which all elemental components comprising the load carrying assembly have been completed, assembled, and connected in their final position. The components to be considered shall also include any related members transferring load to any bridge structure. The Specialty Engineer shall determine the effect that equipment loads have on the bridge structure and develop the procedures for using the loaded equipment without exceeding the structure's design load capacity. Submit to the Department for approval eight copies of design calculations, layout drawings, and erection drawings showing how the equipment is to be used so that the bridge structure will not be overstressed. The Specialty Engineer shall sign and seal one set of the eight copies of the drawings and the cover sheet of one of the eight copies of the calculations for the Department's Record Set. 7 -7.6 Posting of the Legal Gross Vehicular Weight: Display the maximum legal gross weight, as specified in the Florida Uniform Traffic Code, in a permanent manner on each side of any dump truck or dump type tractor - trailer unit hauling embankment material, construction . aggregates, road base material, or hot bituminous mixture to the project over any public road or street. Display the weight in a location clearly visible to the scale operator, in numbers that contrast in color with the background and that are readily visible and readable from a distance of 50 feet. 7 -8 Structures over Navigable Waters. 7 -8.1 Compliance with Federal and Other Regulations: Where erecting structures in, adjacent to, or over, navigable waters, observe all regulations and instructions of Federal and other authorities having control over such waters. Do not obstruct navigation channels without permission from the proper authority, and provide and maintain navigation lights and signals in accordance with the Federal requirements for the protection of the structure, of false work, and of navigation. In the event of accidental blocking of the navigation channel, immediately notify the U.S. Coast Guard of the blockage and upon removal of the blockage. When work platforms are indicated in the permit for construction, submit work platform construction plans to the appropriate Coast Guard District for approval. Obtain approval prior to beginning construction on the platform. 7 -8.2 Maintenance of Channel: Where the work includes the excavation of a channel or other underwater areas to a required section, maintain the section from shoaling or other encroachment until final acceptance of the project. 7 -9 Use of Explosives. When using explosives for the prosecution of the work, exercise the utmost care not to endanger life or property, including new work. The Contractor is responsible for all damage resulting from the use of explosives. 4 Packet Page -563- 10/9/2012 Item 16.A.1. Store all explosives in a secure manner in compliance with all laws and ordinances, and clearly mark all such storage places with the words: "DANGEROUS - EXPLOSIVES ". Place such storage in the care of a competent watchman. Where no local laws or ordinances apply, provide storage satisfactory to the Engineer and, in general, not closer than 1,000 feet from the road or from any building, camping area, or place of human occupancy. Notify each public utility company having structures in proximity to the site of the work of the intention to use explosives. Give such notice sufficiently in advance to enable the companies to take precautionary steps to protect their property from injury. 7 -10 Forest Protection. 7 -10.1 Compliance with State and Federal Regulations: In carrying out work within or adjacent to State or National forests or parks, comply with all of the regulations of the State or Federal authority having jurisdiction, governing the protection of and the carrying out of work in forests or parks, and observe all sanitary laws and regulations with respect to the performance of work in these areas. Keep the areas in an orderly condition, dispose of all refuse, and obtain permits for the construction, installation, and maintenance of any construction camps, living quarters, stores, warehouses, sanitary facilities, and other structures; all in accordance with the requirements of the forest or park official. 7 -10.2 Prevention and Suppression of Forest Fires: Take all reasonable precautions to prevent and suppress forest fires. Require employees and subcontractors, both independently and at the request of forest officials, to do all reasonably within their power to prevent and suppress forest fires. Assist in preventing and suppressing forest fires, and make every possible effort to notify a forest official at the earliest possible moment of the location and extent of all fires. Extinguish the fire if practicable. 7 -11 Preservation of Property. 7 -11.1 General: Preserve from damage all property which is in the vicinity of or is in any way affected by the work, the removal or destruction of which is not specified in the plans. This applies to public and private property, public and private utilities (except as modified by the provisions of 7- 11.6), trees, shrubs, crops, signs, monuments, fences, guardrail, pipe and underground structures, and public highways (except natural wear and tear of highway resulting from legitimate use thereof by the Contractor), etc., Whenever the Contractor's activities damage, or injure such property, immediately restore it to a condition similar or equal to that existing before such damage occurred, at no expense to the Department. Protect existing bridges during the entire construction period from damage caused by the construction operations or equipment. The Department will not require the Contractor to provide routine repairs or maintenance for such structures. However, immediately repair, at no expense to the Department, all damage occasioned by the construction operations. In the event that the Contractor's construction operations result in damage to a bridge requiring repairs, the Contractor shall make such repairs with any equipment, materials, or labor at the Contractor's disposal prior to continuing Contract work. Direct special attention to the protection of all geodetic monuments, horizontal or vertical, located within the limits of construction. 7 -11.2 Failure to Restore Damaged Property: In case of failure on the part of the Contractor to restore such property, bridge, road or street, or to make good such damage or injury, the Engineer may, upon 48 hours notice, proceed to repair, rebuild, or otherwise restore such property, road, or street as may be deemed necessary, and the Department will deduct the cost thereof from any monies due or which may become due the Contractor under the Contract. Nothing VA Packet Page -564- 10/9/2012 Item 16.A.1. in this clause prevents the Contractor from receiving proper compensation for the removal, damage, or replacement of any public or private property, not shown on the plans, that is made necessary by alteration of grade or alignment. The Engineer will authorize such work, provided that the Contractor, or his employees or agents, have not, through their own fault, damaged such property. 7 -11.3 Contractor's Use of Streets and Roads: 7- 11.3.1 On Systems Other than the State Highway System: When hauling materials or equipment to the project over roads and bridges on the State park road system, county road system, or city street system, and such use causes damage, immediately, at no expense to the Department, repair such road or bridge to as good a condition as before the hauling began. The Department may modify the above requirement in accordance with any agreement the Contractor might make with the governmental unit having jurisdiction over a particular road or bridge, provided that the Contractor submits written evidence of such agreement to the Engineer. 7- 11.3.2 On the State Highway System: The Department is responsible for the repair of any damage that hauling materials to the site causes to roads outside the limits of the project, that are either on the State highway system (roads under the jurisdiction of the Department) or specifically designated in the plans as haul roads from Department- furnished material pits, except in the event damage is due to failure to comply with 7 -7.2. The Contractor is responsible for all damages to any road or bridge caused by the Contractor's failure to comply with 7 -7.2. 7- 11.3.3 Within the Limits of a Construction Project: The Department will not allow the operation of equipment or hauling units of such weight as to cause damage to previously constructed elements of the project, including but not necessarily limited to bridges, drainage structures, base course, and pavement. Do not operate hauling units or equipment loaded in excess of the maximum weights specified in 7 -7.2 on existing pavements that are to remain in place (including pavement being resurfaced), cement - treated subgrades and bases, concrete pavement, any course of asphalt pavement, and bridges. The Engineer may allow exceptions to these weight restrictions for movement of necessary equipment to and from its worksite, for hauling of offsite fabricated components to be incorporated into the project, and for crossings as specified in 7 -7.3. 7 -11.4 Traffic Signs, Signal Equipment, Highway Lighting and Guardrail: Protect all existing roadside signs, signal equipment, highway lighting and guardrail, for which permanent removal is not indicated, against damage or displacement. Whenever such signs, signal equipment, highway lighting or guardrail lie within the limits of construction, or wherever so directed by the Engineer due to urgency of construction operations, take up and properly store the existing roadside signs, signal equipment, highway lighting and guardrail and subsequently reset them at their original locations or, in the case of widened pavement or roadbed, at locations designated by the Engineer. If the Department determines that damage to such existing or permanent installations of traffic signs, signal equipment, highway lighting or guardrail is caused by a third party(ies), and is not otherwise due to any fault or activities of the Contractor, the Department will, with the exception of any damage resulting from vandalism, compensate the Contractor for the costs associated with the repairs. Repair damage caused by vandalism at no expense to the Department. Payment for repairs will be in accordance with 4 -3.4. 7 -11.5 Operations Within Railroad Right -of -Way: 7- 11.5.1 Notification to the Railroad Company: Notify the superintendent of the railroad company, as shown on the plans, and the Engineer at least 72 hours before beginning any operation within the limits of the railroad right -of -way; any operation requiring movement of employees, trucks, or other equipment across the tracks of the railroad company at other than an established public crossing; and any other work that may affect railroad operations or property. 2 Packet Page -565- 10/9/2012 Item 16.A.1. 7- 11.5.2 Contractor's Responsibilities: Comply with whatever requirements an authorized representative of the railroad company deems necessary in order to safeguard the railroad's property and operations. The Contractor is responsible for all damages, delays, or injuries and all suits, actions, or claims brought on account of damages or injuries resulting from the Contractor's operations within or adjacent to railroad company right -of -way. 7- 11.5.3 Watchman or Flagging Services: The railroad company will furnish protective services (i.e., watchman or flagging services) to ensure the safety of railroad operations during certain periods of the project. The Department will reimburse the railroad company for the cost thereof. Schedule work that affects railroad operations so as to minimize the need for protective services by the railroad company. 7 -11.6 Utilities: 7- 11.6.1 Arrangements for Protection or Adjustment: Do not commence work at points where the construction operations are adjacent to utility facilities or other property, until making arrangements with the utility facilities to protect against damage that might result in expense, loss, disruption of service, or other undue inconvenience to the public or to the owners. The Contractor is solely and directly responsible to the owners and operators of such properties for all damages, injuries, expenses, losses, inconveniences, or delays caused by the Contractor's operations. The Department will make the necessary arrangements with utility owners for removal or adjustment of utilities where the Engineer determines that such removal or adjustment is essential to the performance of the required construction. The Department will not consider relocation or adjustment requests based on the Contractor's proposed use of a particular method of construction or a particular type of equipment as essential to the construction of the project if the Contractor could use other common methods and equipment without relocating or adjusting the utility. The Engineer will determine the responsibility for any such required adjustments of utilities. The Contractor shall make all requested relocations or adjustments because of delivery to the job site of Contractor - furnished materials, at no expense to the Department. The Department considers relocations and adjustments (or other protection) under the following circumstances as essential to the construction of the project: (1) Utilities lying within the vertical and horizontal construction limits, plus the reasonably required working room necessary for operation of equipment normally used for the particular type of construction, all as determined by the Engineer (and except as provided in paragraph (4) below). (In the case of overhead electrical conductors that carry more than 400 V, a minimuin of 10 feet clearance between the conductor and the nearest possible approach of any part of the equipment is required, except where the utility owner effects safeguards approved by OSHA.) (2) Utilities lying within the horizontal limits of the project and within 12 inches below the ground surface or the excavation surface on which the Contractor operates construction equipment, or within 12 inches below the bottom of any stabilizing course specified in the plans. (3) Utilities lying within the normal limits of excavation for underground drainage facilities or other structures (except as provided in paragraph (4) below). Such normal limits shall extend to side slopes along the angle of repose, as established by sound engineering practice, unless the Contract Documents require support of the excavation sides by sheeting or the Contractor elects to sheet such excavation for his own convenience. (4) Where utilities cross pipe trenches transversely within the excavation area, but not within positions from which relocation or removal is necessary, the utility owner is responsible for providing and effecting all reasonable measures for their support and protection during construction operations. Cooperate with the utility owner in the owner's effecting of such support 2 Packet Page -566- 10/9/2012 Item 16.A.1. and protective measures. The Contractor is responsible for all damage to the utility that is caused by the Contractor's neglect or failure to cooperate or to use proper precaution in performing his work. In the event that a temporary relocation of a utility or a particular sequence of timing in the relocation of a utility is necessary, the Engineer will direct such relocation so as to cause the least impediment to the overall construction operations. The Department is not responsible for utility adjustments or temporary relocation work, or for the conditions resulting therefrom, where such adjustments are (1) not necessitated by the construction of the project, (2) done solely for the benefit or convenience of the utility owner or its contractor, or the highway contractor where the Department considers his construction procedures to be other than normal, or (3) not shown on the approved plans for the utility relocation or the construction of the project. 7- 11.6.2 Cooperation with Utility Owners: Cooperate with the owners of all underground or overhead utility lines in their removal and rearrangement operations in order that these operations may progress in a reasonable manner, that duplication or rearrangement work may be reduced to a minimum, and that services rendered by the utility owners will not be unnecessarily interrupted. In the event of interruption of water or other utility services as a result of accidental breakage, exposure, or lack of support, promptly notify the proper authority and cooperate with the authority in the prompt restoration of service. If water service is interrupted and the Contractor is performing the repair work, the Contractor shall work continuously until the service is restored. Do not begin work around fire hydrants until the local fire authority has approved provisions for continued service. 7- 11.6.3 Utility Adjustments: Certain utility adjustments and reconstruction work may be underway during the progress of the Contract. Cooperate with the various utility construction crews who are maintaining utility service. Exercise due caution when working adjacent to relocated utilities. The Contractor shall repair all damage to the relocated utilities resulting from his operations at no expense to the Department. The requirements of 7 -11.1 and 7- 11.6.2 outline the Contractor's responsibility for of protecting utility facilities. The Department will include in the Contract the utility authorities who are scheduled to perform utility work on the project. 7- 11.6.4 Weekly Meetings: Conduct weekly meetings on the job site with all the affected utility companies and the Engineer in attendance to coordinate project construction and utility relocation. Submit a list of all attendees one week in advance to the Engineer for approval. Provide the approved Work Progress Schedule and Work Plan for the project, as specified in 8 -3.2, to document the schedule and plan for road construction and utility adjustments. When utility relocations no longer affect construction activities, the Contractor may discontinue the meetings with the Engineer's approval. 7 -12 Omitted Entirely (Responsibility for Damages, Claims, Etc.) 7 -13 Omitted Entirely (Insurance) 7 -14 Omitted Entirely (Contractor's Responsibility for Work) 7 -15 Opening Sections of Highway to Traffic. Whenever any bridge or section of roadway is in acceptable condition for travel, the Engineer may direct the Contractor to open it to traffic. The Department's direction to open a bridge or roadway does not constitute an acceptance of the bridge or roadway, or any part thereof, or waive any Contract provisions. Perform all necessary repairs or renewals, on any section of the roadway or bridge thus opened to traffic under instructions from the Engineer, due to defective material or work 2 Packet Page -567- 10/9/2012 Item 16.A.1. or to any cause other than ordinary wear and tear, pending completion and the Engineer's acceptance of the roadway or bridge, or other work, at no expense to the Department. 7 -18 Scales for Weighing Materials. 7 -18.1 Applicable Regulations: When determining the weight of material for payment, use scales meeting the requirements of Chapter 531 of Florida Statutes, pertaining to specifications, tolerances, and regulations, as administered by the Bureau of Weights and Measures of the Florida Department of Agriculture. 7 -18.2 Base for Scales: Place such scales on a substantial horizontal base to provide adequate support and rigidity and to maintain the level of the scales. 7 -18.3 Protection and Maintenance: Maintain all scale parts in proper condition as to level and vertical alignment, and fully protect them against contamination by dust, dirt, and other matter that might affect their operation. 7 -19 Source of Forest Products. As required by Section 255.20 of the Florida Statutes, where price and quality are equal, and when available, use only timber, timber piling, or other forest products that are produced and manufactured in the State of Florida. This provision does not apply to Federal -aid projects. 7 -20 Regulations of Air Pollution from Asphalt Plants. 7 -20.1 General: Perform all work in accordance with all Federal, State, and local laws and regulations regarding air pollution and burning. In particular, pay attention to Chapters 17 -2 and 17- 5 of the Rules and Regulations of the Department of Environmental Protection, and to any part of the State Implementation Plan applicable to the project. See also 110 -9.2 regarding burning of debris. 7 -20.2 Dust Control: Ensure that excessive dust is not transported beyond the limits of construction in populated areas. The Contractor may control dust for embankments or other cleared or unsurfaced areas by applying water or calcium chloride, as directed by the Engineer. Use calcium chloride in accordance with 102 -5. When included in the plans, install mulch, seed, sod, or temporary paving as early as practical. Control dust during the storage and handling of dusty materials by wetting, covering, or other means as approved by the Engineer. 7 -20.3 Asphalt Material: Use only emulsified asphalt, unless otherwise stated in the plans and allowed by Chapter 17 -2 of the Rules and Regulations of the Department of Environmental Protection. Store and handle asphalt materials and components so as to minimize unnecessary release of hydrocarbon vapors. 7 -20.4 Asphalt Plants: Operate and maintain asphalt plants in accordance with Chapter 17- 2 of the Rules and Regulations of the Department of Environmental Protection. Provide the plant site with a valid permit as required under Chapter 17 -2 prior to start of work. 7 -21 Dredging and Filling. Section 370.033 of the Florida Statutes, requires that all persons, who engage in certain dredge or fill activities in the State of Florida, obtain a certificate of registration from the Florida Department of Environmental Protection, Tallahassee, Florida 32301, and that they keep accurate logs and records of all such activities for the protection and conservation of the natural resources. Obtain details as to the application of this law from the Department of Environmental Protection. 7 -20 Omitted Entirely (Available Funds) 2 Packet Page -568- 10/9/2012 Item 16.A.1. 7 -23 Contractor's Motor Vehicle Registration. The Contractor shall provide the Department with proof that all motor vehicles operated or caused to be operated by such Contractor are registered in compliance with Chapter 320 of the Florida Statutes. Submit such proof of registration in the form of a notarized affidavit to the Department. The Department will not make payment to the Contractor until the required proof of registration is on file with the Department. If the Contractor fails to register any motor vehicle that he operates in Florida, pursuant to Chapter 320 of the Florida Statutes, the Department may disqualify the Contractor from bidding, or the Department may suspend and revoke the Contractor's certificates of qualification. 7 -24 DBE Program (Omitted Entirely) 7 -25 On the Job Training (Omitted Entirely) SECTION 8 PROSECUTION AND PROGRESS 8 -1 Omitted Entirely (Subletting or Assigning of Contracts) 8 -2 Omitted Entirely (Work Performed by Equipment - Rental Agreement) Only applicable to federally mandated wage rates. 8 -3.1 Omitted (Prosecution 'of Work) Compliance with Time Requirements. 8 -3.2 WORKING SCHEDULE SUBARTICLE 8 -3.2 (Pages 79 and 80) is deleted and the following substituted: 8 -3.2 General: For this Contract submit the following schedules and reports. 8 -3.2.1 Contract Schedule: Submit to the Engineer for acceptance a Critical Path Method (CPM) Contract Schedule for the project within 30 calendar days after execution of the Contract or at the preconstruction conference, whichever is earlier. The Contract Schedule shall include detailed schedule diagrams and schedule data as described below for the entire Contract Period. The Contract Schedule shall be consistent with the Contract Maintenance of Traffic plan, showing activities for each discrete Contract activity to be accomplished within each Maintenance of Traffic phase. Include activities for deliverables and reviews in the schedule. Sufficient liaison shall be conducted and information provided to indicate coordination with utility owners having facilities within the project limits. The sch�aule must reflect the utility adjustment schedules included in the Contract Documents, unless changed by mutual agreement of the utility company, the Contractor and the Department. Failure to include any element of work or any activity relating to utility work will not relieve the Contractor from completing all work within the Contract Time at no additional time or cost to the Department, not withstanding the acceptance of the schedule by the Department. The Engineer will withhold monthly payments due for failure of the Contractor to submit an acceptable schedule or monthly updates within the time frame described herein. 8 -3.2.2 Schedule Submissions: Develop the schedule in Precedence Diagram Method (PDM) format. All schedule submittals, shall have a copy of the schedule files on a Windows compatible 3.5" diskette or CD attached. The files shall be in one of the following formats: 1. Primavera Project Planner (P3) project files using the Primavera Project Planner (latest version) "Back up" menu selection. Ensure that the option "Remove access list during backup ": is checked. 2 Packet Page -569- 10/9/2012 Item 16.A.1. 2. Primavera Suretrak (latest version) "Back up" menu selection. Ensure that the option "Remove access list during backup" is checked. Each schedule submission and monthly update shall include a minimum of 4 times: 1) a CPM Network Diagram in time -scale logic diagram, by week starting on Monday, grouped (banded) by phrase and sorted by early start days. Prominently identify the critical path activities, defined as the longest continuous path of work activities. Submit the Network Diagram, printed in color on D size, 22 by 34 inch or E size, 34 by 44 inch paper. The network diagram shall contain, as a minimum, the following information for each schedule activity: identification, activity description, total duration, remaining duration, early start date, late finish date, and total float. 2) a report with the following schedule activity information for each construction activity: identification, description, original duration, remaining duration, early start, early finish, total float, percent complete, and budgeted cost. The bar chart diagram shall not be included in this report. It will be submitted on 8.5 by 11 inch paper. 3) a schedule narrative report describing current project schedule status and identifying potential delays. This report will include a description of the progress made since the previous schedule submission and objectives for the upcoming 30 calendar days. It will be submitted on 8.5 by 11 inch paper. This report shall at a minimum include the following information: a) This report shall indicate if the project is on schedule, ahead of schedule or behind schedule. If the project is ahead of schedule or behind schedule, the report shall include the specific number of calendar days. If the project is behind schedule, the report shall include a detailed recovery plan that will put the project back on schedule or include a properly supported request for Time Extension. b) The report will describe the current critical path of the project and indicate if this has changed in the past 30 calendar days. Discuss current successes or problems that have affected either the critical path's length or have caused a shift in the critical path within the last 30 calendar days. Identify specific activities, progress, or events that may reasonably be anticipated to impact the critical path within the next 30 calendar days, either to affect its length or to shift it to an alternate path. c) List all schedule logic or duration changes that have been made to the schedule since the previous submission. For each change, describe the basis for the change and specifically identify the affected activities by identification number. d) Identify any and all activities, either in progress or scheduled to occur within the following 30 days that require Primavera Surttrack formats in accordance with formats specified herein. The Engineer will have 30 days to accept the contract schedule or to schedule a meeting with the Contractor to resolve any problems that prevent acceptance of the schedule. Attend the meeting scheduled by the Engineer, and submit a corrected schedule to the Engineer within seven days after the meeting. The process will be continued until a contract schedule is accepted by the Engineer. 8 -3.2.3 Schedule Content: All schedule submissions shall comply with the following content guidelines as appropriate to the specific submission: Outline Schedule Diagrams and Data shall show the sequence, order and interdependence of major construction milestones and activities. Include ordering and procurement of major materials and equipment, long -lead time items, and key milestones identified by the Contract. Identify planned work schedule(s) and include all non - workdays. Provide a description of each major construction activity or key milestone. Detailed Schedule Diagrams shall include activity number, description, early dates, float, and all relationships (i.e. logic ties), resources and costs. Show the sequence, order, and interdependence of activities in which the work is to be accomplished. Include allowance for Department oversight, acceptance and return of submittals, samples and shop drawings where Department acceptance is specifically required (in accordance with 5 -1.4.6 of the standard 2 Packet Page -570- 10/9/2012 Item 16.A.1. specifications). In addition to construction activities, detailed network activities shall include the submittals, procurement, and Department or Utility activities impacting progress: a. Submittal activities shall include oversight and acceptance of submittals. If the Department's action on any submittal is "Not Accepted" or "Revise and Resubmit ", a new series of submittal preparation activities shall be inserted into the schedule. Predecessor for the new submittal preparation activity will be the original acceptance activity and the successor of the new acceptance activity will be the fabrication /delivery activity for the equipment or material. b. Procurement activities shall include all materials and equipment, receipt of materials with estimated procurement costs of major items for which payment of stockpiled materials will be requested in advance of installation, fabrication of special material and equipment, and their installation and testing. c. Show activities of the Department or Utilities that affect the progress and contract - required dates for completion of all or parts of the work. Detailed Schedule Data: shall conform to the following: a. All activities shall be assigned to a specific calendar within the software. Specific calendars will be defined within the software to include planned work days and working hours. These calendars will include both Contractor and Contract defined holidays and suspension days as non - workdays. b. Each schedule activity shall be cost loaded. Activity cost loading shall be consistent with the bid breakdown. The sum total of the activity cost loading shall be equal to the current contract value. c. At a minimum, each schedule activity shall contain codes by 1. Responsibility: including, but not limited to, Department, Utility, Contractor /Subcontractor, SupplierNendor, Consultant, etc. 2. Phasing: identify the appropriate Maintenance of Traffic phase or subphase. d. Key milestones as identified by contract. At a minimum, the start and finish of each Maintenance of Traffic phase or subphase shall be represented by a milestone activity. e. All non - procurement activities must be less than or equal to 20 workdays unless approved by the Engineer to be greater by the Engineer. f. Detailed description of each activity. In each activity, give quantity and unit of measure so that the amount of work the activity involves is clearly communicated. g. Only two (2) open -ended activities (the first and the last) are allowed. h. Constraints shall only be used for "Project Start," and "Project Completion." Constraints cannot override logic. The use of any other imposed constraints is not allowed without specific approval by the Engineer. Any other desired constraints must be submitted to the Engineer with the rationale for the use of each desired additional constraint. If allowed by the Engineer, the rationale should be recorded in the activity's log field. Mandatory constraints (start and finish) violate network logic and shall not be used. i. Out of sequence progress, if applicable, shall be handled through Retained Logic. Use of the Progress Override option is not appropriate for this project and will not be allowed. j. Progress shall be calculated based on percent complete. k. All changes to activities shall be recorded with a note in the activity log field. The log shall include, as a minimum, the date and reason for the change, as well as reference to a document wherein the Engineer acknowledges and accepts the change. I. The use of resource leveling, either manual or automatic, is prohibited. 8 -3.2.4 Weekly Meetings: Attend weekly meetings scheduled by the Engineer to discuss Contract progress, near term scheduled activities, including utility relocations, problems and their proposed solutions. Submit a Two -Week "Look Ahead" Planning Schedule at each weekly meeting, showing the items of work planned for the next two weeks. Develop the schedule 2 Packet Page -571- 10/9/2012 Item 16.A.1. in Bar Chart format, identifying current and planned activities and related Contract Schedule work activities, including subcontractor work. Designate all activities that are controlling work items as determined by the currently accepted Contract Schedule. A report shall be submitted at each weekly meeting identifying schedule activity progress including actual start or finish dates achieved for any activities. 8 -3.2.5 Float: Is also known as slack time or slide time; it is defined as the amount of time the finish of an activity can be delayed. Two kinds of float are possible: Total float is how much an activity can be delayed without affecting the finish date of the project or an intermediate deadline (constraint); it is the difference between the late finish date and the early finish date. Free float is how much an activity can be delayed without affecting its earliest successor. Float is not for the exclusive use or benefit of either the Department or the Contractor. Use of float suppression techniques, such as preferential sequencing (arranging critical path through activities more susceptible to Department caused delay), special lead /lag logic restraints, zero total or free float constraints, extended activity times, or imposing constraint dates other than as required by the contract, shall be cause for rejection of the project schedule or its updates. The use of Resource Leveling (or similar software features) used for the purpose of artificially adjusting activity durations to consume float and influence the critical path is expressly prohibited. Negative float shall not be a basis for requesting time extensions. Any extension of time shall be addressed in accordance with 8 -3.2.6 Time Extensions. Scheduled completion dates) that extend beyond the contract completion date (evidenced by negative float) may be used in computations for assessment of payment withholdings. The use of this computation is not to be construed as a means of acceleration. 8 -3.2.6 Time Extensions: The Contractor is responsible for submitting a request for Contract Time extension in accordance with 8 -7.3.2 of the standard specifications. An extension of time for performance shall be considered only to the extent that a delay to an activity or activities exceeds the total float along the project critical paths. As a minimum, time extension requests shall contain: a. A descriptive summary of the changes b. An analysis of project impact c. A fragnet that shows the impacted activities before the change. d. A fragnet that shows the impacted activities after the change. Time extensions shall not be considered for proposals that do not include full documentation for the schedule change. Once a change has been approved by the Engineer, the specific activities and the overall schedule must be updated. 8 -3.2.7 Performance of Work: By submitting a schedule the Contractor is making a positive assertion that the project will be constructed in the order indicated on the schedule. Prosecute the work in accordance with the latest accepted Working Schedule. Any costs associated with meeting milestones and completing the project within the authorized Contract Time will be borne solely by the Contractor. 8 -3.2.8 As -Built Schedule: As a condition for the release of any retainage, submittal of an as -built schedule which describes the actual order and start and stop times for all activities by the Contractor is required. 8 -3.3 Omitted Entirely (Beginning Work) 8 -3.4 Omitted Entirely (Provisions for Convenience of Public 8 -3.5 Omitted Entirely (P reconstruction Conference) 8 -3.6 PARTNERING (Omitted Entirely) 8 -4 Limitations of Operations. Packet Page -572- 2 10/9/2012 Item 16.A.1. 8 -4.1 Night Work: During active nighttime operations, furnish, place and maintain lighting sufficient to permit proper workmanship and inspection. Use lighting with 5 ft•cd minimum intensity. Arrange the lighting to prevent interference with traffic or produce undue glare to property owners. Operate such lighting only during active nighttime construction activities. Provide a light meter to demonstrate that the minimum light intensity is being maintained. Lighting may be accomplished by the use of portable floodlights, standard equipment lights, existing street lights, temporary street lights, or other lighting methods approved by the Engineer. Submit a lighting plan at the Preconstruction Conference for review and approval by the Engineer. Submit the plan on standard size plan sheets (not larger than 24 by 36 inch), and on a scale of either 100 or 50 foot to 1 inch. Do not start night work prior to the Engineer's approval of the lighting plan. During active nighttime operations, furnish, place and maintain variable message signs to alert approaching motorists of lighted construction zones ahead. Operate the variable message signs only during active construction activities. Equip all pickups and automobiles used on the project with either amber flashing lights or 2 flashing white lights. Equip all other equipment with a minimum of 4 ft of reflective sheeting, or flashing lights. To avoid distraction to motorists, do not operate the lights on the vehicles or equipment when the vehicles are outside the clear zone or behind traffic control devices. Ensure that all personnel shall wear reflective vests at all times while in the work area. Comply with all applicable regulations governing noise abatement. Have a Certified Worksite Supervisor on site during all nighttime operations to ensure proper Maintenance of Traffic. Include compensation for lighting for night work in the Contract prices for the various items of the Contract. Take ownership of all lighting equipment for night work. 8 -4.2 Sequence of Operations: Do not open up work to the prejudice of work already started. The Engineer may require the Contractor to finish a section on which work is in progress before starting work on any additional section. 8 -4.3 Interference with Traffic: At all times conduct the work in such manner and in such sequence as to ensure the least practicable interference with traffic. Operate all vehicles and other equipment safely and without hindrance to the traveling public. Park all private vehicles outside the clear zone. Place materials stored along the roadway so as to cause no obstruction to the traveling public as possible. Where existing pavement is to be widened and stabilizing is not required, prevent any open trench from remaining after working hours by scheduling operations to place the full thickness of widened base by the end of each day. Do not construct widening strips simultaneously on both sides of the road, except where separated by a distance of at least 1/4 mile along the road and where either the work of excavation has not been started or the base has been completed. 8 -4.4 Coordination with other Contractors: Sequence the work and dispose of materials so as not to interfere with the operations of other Contractors engaged upon adjacent work; join the work to that of others in a proper manner, in accordance with the spirit of the Contract Documents; and perform the work in the proper sequence in relation to that of other contractors; all as may be directed by the Engineer. Each contractor is responsible for any damage done by him or his agents to the work perfonned by another contractor. 2 Packet Page -573- i 10/9/2012 Item 16.A.1. 8 -4.5 Drainage: Conduct the operations and maintain the work in such condition to provide adequate drainage at all times. Do not obstruct existing functioning storm sewers, gutters, ditches, and other run -off facilities. 8 -4.6 Fire Hydrants: Keep fire hydrants on or adjacent to the highway accessible to fire apparatus at all times, and do not place any material or obstruction within 15 feet of any fire hydrant. 8 -4.7 Protection of Structures: Do not operate heavy equipment close enough to pipe headwalls or other structures to cause their displacement. 84.8 Fencing: Erect permanent fence as a first order of business on all projects that include fencing where the Engineer determines that the fencing is necessary to maintain the security of livestock on adjacent property, or for protection of pedestrians who are likely to gain access to the project from adjacent property. 8 -4.9 Hazardous or Toxic Waste: When the construction operations encounter or expose any abnormal condition that may indicate the presence of a hazardous or toxic waste, discontinue such operations in the vicinity of the abnormal condition and notify the Engineer immediately. Be alert for the presence of tanks or barrels; discolored earth, metal, wood, ground water, etc.; visible fumes; abnormal odors; excessively hot earth; smoke; or other conditions that appear abnormal as possible indicators of hazardous or toxic wastes and treat these conditions with extraordinary caution. Make every effort to minimize the spread of any hazardous or toxic waste into uncontaminated areas. Do not resume the construction operations until so directed by the EngineerDispose of the hazardous or toxic waste in accordance with the requirements and regulations of any Local, State, or Federal agency having jurisdiction. Where the Contractor performs work necessary to dispose of hazardous or toxic waste, and the Contract does not include pay items for disposal, the Department will pay for this work as provided in 4 -4. The Department may agree to hold harmless and indemnify the Contractor for damages when the Contractor discovers or encounters hazardous materials or pollutants during the performance of services for the Department when the presence of such materials or pollutants were unknown or not reasonably discoverable. Such indemnification agreements are only effective if the Contractor immediately stops work and notifies the Department of the hazardous material or pollutant problem. Such indemnification agreement are not valid for damages resulting from the Contractor's willful, wanton, or intentional conduct or the operations of Hazardous Material Contractors. 8 -5 Omitted Entirely (Qualifications of Contractor's Personnel) 8 -6 Omitted Entirely (Temporary Suspension of Contractor's Operations) 8 -7 Computation of Contract Time. 8 -7.1 General: Perfonn the contracted work fully, entirely, and in accordance with the Contract Documents within the Contract Time specified in the proposal, or as may be extended in accordance with the provisions herein below. The Department considers in the computation of the allowable Contract Time the effect that utility relocation and adjustments have on job progress and the scheduling of construction operations required in order to adequately maintain traffic, as detailed in the plans or as scheduled in the Special Provisions. Packet Page -574- 2 10/9/2012 Item 16.A.1. 8 -7.2 Date of Beginning of Contract Time: The date on which Contract Time begins is either (1) the date on which the Contractor actually begins work, or (2) the date for beginning the charging of Contract Time as set forth in the proposal; whichever is earlier. 8 -7.3 Adjusting Contract Time: 877.3:1 Increased Work: The Department may grant an extension of Contract Time when it increases the Contract amount due to overruns in original Contract items, adds new work items, or provides for unforeseen work. The Department will base the consideration for granting an extension of Contract Time on the extent that the time normally required to complete the additional designated work delays the Contract completion schedule. 8 -7.3.2 Contract Time Extensions: The Department may grant an extension of Contract Time when a controlling item of work is delayed by factors not reasonably anticipated or foreseeable at the time of bid. The Department may allow such extension of time only for delays occurring during the Contract Time period or authorized extensions of the Contract Time period. When failure by the Department to fulfill an obligation under the Contract results in delays to the controlling items of work, the Department will consider such delays as a basis for granting a time extension to the Contract. Whenever the Engineer suspends the Contractor's operations, as provided in 8 -6, for reasons other than the fault of the Contractor, the Engineer will grant a time extension for any delay to a controlling item of work due to such suspension. The Department will not grant time extensions to the Contract for delays due to the fault or negligence of the Contractor. This is a calendar day contract and no additional time will be allowed for weather delays except for floods, hurricanes, other force majoure or unforeseen event in whole or part beyond the control of the Contractor, a subcontractor or material supplier. In the event such a event occurs the following procedures In the event such an event occurs the following procedures shall be followed to determine if any additional time is due the contracto The effect of such events which negatively impact upon or delay the Contractor's controlling of critical activities shall be evaluated on the date of each occurrence by the Engineer and the Contractor's superintendent. Seasonal or unseasonal rainfall will not be considered a viable cause for resultant impacts and delays. Contract time extensions shall not accrue nor be granted automatically during the course of the work. Rather, the determination of whether time extensions will be granted to the Contractor shall only occur at the completion of all Contract work, and only; if requested by the Contractor in writing. Moreover, considerations for granting additional Contra�t time for delays shall be subject to the Contractor's submission of detailed project records including evidence of same as depicted by pertinent time /activity information on the project schedule. Additionally, as a prerequisite to the Engineer reviewing the Contractor's request to grant an extension of Contract time for any reasons whatsoever, the Contractor shall provide a copy of the Project Schedule which shall clearly indicate the dates and events contributing to the delay(s) under consideration." No additional compensation will be made for delays caused by the effects of inclement weather. The Department will consider the delays in delivery of materials or component equipment that affect progress on a controlling item of work as a basis for granting a time extension if such delays are beyond the control of the Contractor or supplier. Such delays may include an area -wide shortage, an industry -wide strike, or a natural disaster that affects all feasible sources of supply. In such cases, the Contractor shall furnish substantiating letters from a representative number of manufacturers of such materials or equipment clearly confirming that the delays in delivery were the result of an area -wide shortage, an industry -wide strike, etc. No additional compensation will be made for delays caused by delivery of materials or component equipment. 2 Packet Page -575- 10/9/2012 Item 16.A.1. The Department will not consider requests for time extension due to delay in the delivery of custom manufactured equipment such as traffic signal equipment, highway lighting equipment, etc., unless the Contractor furnishes documentation that he placed the order for such equipment in a timely manner, the delay was caused by factors beyond the manufacturer's control, and the lack of such equipment caused a delay in progress on a controlling item of work. No additional compensation will be paid for delays caused by delivery of custom manufactured equipment. The Department will consider the affect of utility relocation and adjustment work on job progress as the basis for granting a time extension only if all the following criteria are met: (1) Delays are the result of either utility work that was not detailed in the plans, or utility work that was detailed in the plans but was not accomplished in reasonably close accordance with the schedule included in the Contract Documents. (2) Utility work actually affected progress toward completion of controlling work items. (3) The Contractor took all reasonable measures to minimize the effect of utility work on job progress, including cooperative scheduling of the Contractor's operations with the scheduled utility work at the preconstruction conference and providing adequate advance notification to utility companies as to the dates to coordinate their operations with the Contractor's operations to avoid delays. As a condition precedent to an extension of Contract Time the Contractor must submit to the Engineer: A preliminary request for an extension of Contract Time must be made in writing to the Engineer within ten calendar days after the commencement of a delay to a controlling item of work. If the Contractor fails to submit this required preliminary request for an extension of Contract Time, the Contractor fully, completely, absolutely and irrevocably waives any entitlement to an extension of Contract Time for that delay. In the case of a continuing delay only a single preliminary request for an extension of Contract Time will be required. Each such preliminary request for an extension of Contract Time shall include as a minimum the commencement date of the delay, the cause of the delay, and the controlling item of work affected by the delay; and Further, the Contractor must submit to the Engineer a request for a Contract Time extension in writing within 30 days after the elimination of the delay to the controlling item of work identified in the preliminary request for an extension of Contract Time. Each request for a Contract Time extension shall include as a minimum all documentation that the Contractor wishes the Department to consider related to the delay, and the exact number of days requested to be added to Contract Time. If the Contractor fails to submit this required request for a Contract Time extension, with or without a detailed cost analysis, depriving the Engineer of the timely opportunity to verify the delay, the Contractor waives any entitlement to an extension of Contract Time. Upon timely receipt of the preliminary request of Contract Time from the Contractor, the Engineer will investigate the conditions, and if it is determined that a controlling item of work is being delayed for reasons beyond the control of the Contractor the Engineer will take appropriate action to mitigate the delay and the costs of the delay. Upon timely receipt of the request for a Contract Time extension the Engineer will further investigate the conditions, and if it is determined that there was an increase in the time of performance of the controlling item of work beyond the control of the Contractor, then an adjustment of Contract Time will be made, and the Contract will be modified in writing accordingly. The existence of an accepted schedule, is a condition precedent to the Contractor having any right to the granting of an extension of contract time. Contractor failure to have an accepted schedule, including any required update(s), for the period of potential impact, or in the event the 2 Packet Page -576- 10/9/2012 Item 16.A.1. currently accepted schedule and applicable updates do not accurately reflect the actual status of the project or fail to accurately show the true controlling or non - controlling work activities for the period of potential impact, will result in any entitlement determination as to time for such period of potential impact being limited solely to the Department's analysis and identification of the actual controlling or non- controlling work activities. Further, in such instances, the Department's determination as to entitlement as to time will be final. 8 -8 Omitted Entirely (Failure of Contractor to Maintain Satisfactory Progress) Only applicable to FDOT contracts. 8 -9 Omitted Entirely (Default and Termination of Contract) 8 -10 Omitted Entirely (Liquidated Damages for Failure to Complete Work) 8 -11 Omitted Entirely (Release of Contractor's Responsibility) 8 -12 Omitted Entirely (Recovery of Damages Suffered by Third Parties) SECTION 9 MEASUREMENT AND PAYMENT 9 -1 Measurement of Quantities. 9 -1.1 Measurement Standards: The Engineer will measure all work completed under the Contract in accordance with the United States Standard Measures. 9 -1.2 Method of Measurements: The Engineer will take all measurements horizontally or vertically. 9 -1.3 Determination of Pay Areas: '± 9 -1.3.1 Final Calculation: When measuring items paid for on the basis of area of finished work, where the pay quantity is designated to be determined by calculation, the Engineer will use lengths and widths in the calculations based on the station to station dimensions shown on the plans; the station to station dimensions actually constructed within the limits designated by the Engineer; or the final dimensions measured along the surface of the completed work within the neat lines shown on the plans or designated by the Engineer. The Engineer will use the method or combination of methods of measurement that reflect, with reasonable accuracy, the actual surface area of the finished work as the Engineer determines. 9 -1.3.2 Plan Quantity: When measuring items paid for on the basis of area of finished work, where the pay quantity is designated to be the plan quantity, the Engineer will determine the final pay quantity based on the plan quantity subject to the provisions of 9 -3.2. Generally, the Engineer will calculate the plan quantity using lengths based on station to station dimensions and widths based on neat lines shown in the plans. 9 -1.4 Construction Outside Authorized Limits: The Engineer will not pay for surfaces constructed over a greater area than authorized, or for material that the Contractor has moved from outside of slope stakes and lines shown on the plans, except where the Engineer provides written instruction for the Contractor to perform such work. 9 -1.5 Truck Requirements: Provide all trucks with numbers and certify that all trucks used have a manufacturer's certification or permanent decal showing the truck capacity rounded to the nearest tenth of a cubic yard placed on both sides of the truck. This capacity will include the truck body only and any side boards added will not be included in the certified truck body capacity. Ensure the lettering and numbers are legible for identification purposes at all times. 2 Packet Page -577- 10/9/2012 Item 16.A.1. 9 -1.6 Ladders and Instrument Stands for Bridge Projects: On bridge projects, in order to ti facilitate necessary measurements, provide substantial ladders to the tops of piers and bents, and place and move such ladders as the Engineer directs. For bridge projects crossing water or marshy areas, supply fixed stands for instrument mounting and measurements, in accordance with the details stipulated in the Specifications for the project. 9 -2 Scope of Payments. 9 -2.1 Items Included in Payment: Accept the compensation as provided in the Contract as full payment for furnishing all materials and for performing all work contemplated and embraced under the Contract; also for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its final acceptance; also for all other costs incurred under the provisions of Division I. For any item of work contained in the proposal, except as might be specifically provided otherwise in the basis of payment clause for the item, include in the Contract unit price (or lump sum price) for the pay item or items the cost of all labor, equipment, materials, tools and incidentals required for the complete item of work, including all requirements of the Section specifying such item of work, except as specifically excluded from such payments. 9 -2.1.1 Fuels: Refer to Supplemental Conditions — "Fuel Cost Adjustment" 9 -2.1.2 Omitted in its entirety (Bituminous Material) Replaced by Supplemental Condition — "Bituminous Cost Adjustment" 9 -3 Compensation for Altered Quantities. 9 -3.1 General: When alteration in plans or quantities of work not requiring a supplemental agreement as hereinbefore provided for are offered and performed, the Contractor shall accept payment in full at Contract unit bid prices for the actual quantities of work done, and no allowance will be made for increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor, resulting either directly from such alterations, or indirectly from unbalanced allocation among the Contract items of overhead expense on the part of the bidder and subsequent loss of expected reimbursement therefore, or from any other cause. Compensation for alterations in plans or quantities of work requiring supplemental agreements shall be stipulated in such agreement, except when the Contractor proceeds with the work without change of price being agreed upon, the Contractor shall be paid for such increased or decreased quantities at the Contract unit prices bid in the Proposal for the items of work. If no Contract unit price is provided in the Contract, and the parties cannot agree as to a price for the work, the Contractor agrees to do the work in accordance with 4 -3.2. 9 -3.2 Payment Based on Plan Quantity: 9 -3.2.1 Error in Plan Quantity: As used in this Article, the term "substantial error" is defined as the smaller of (a) or (b) below: (a) a difference between the original plan quantity and final quantity of more than 5%, (b) a change in quantity which causes a change in the amount payable of more than $5,000. On multiple job Contracts, changes made to an individual pay item due to substantial errors will be based on the entire Contract quantity for that pay item. 2 Packet Page -578- 10/9/2012 Item 16.A.1. Where the pay quantity for any item is designated to be the original plan quantity, the Department will revise such quantity only in the event that the Department determines it is in substantial error. In general, the Department will determine such revisions by final measurement, plan calculations, or both, as additions to or deductions from plan quantities. In the event that either the Department or the Contractor contends that the plan quantity for any item is in error and additional or less compensation is thereby due, the claimant shall submit, at their own expense, evidence of such in the form of acceptable and verifiable measurements or calculations. The Department will not revise the plan quantity solely on the basis of a particular method of construction that the Contractor selects. For earthwork items, the claimant must note any differences in the original ground surfaces from that shown in the original plan cross - sections that would result in a substantial error to the plan quantity, and must be properly documented by appropriate verifiable level notes, acceptable to both the Contractor and the Department, prior to disturbance of the original ground surface by construction operations. The claimant shall support any claim based upon a substantial error for differences in the original ground surface by documentation as provided above. 9 -3.2.2 Authorized Changes in Limits of Work: Where the Department designates the pay quantity for any item to be the original plan quantity and authorizes a plan change which results in an increase or decrease in the quantity of that item, the Department will revise the plan quantity accordingly. In general, the Department will determine such revisions by final measurement, plan calculations or both. 9 -3.2.3 Specified Adjustments to Pay Quantities: Do not apply the limitations specified in 9 -3.2.1 and 9 -3.2.2 to the following: (1) Where these Specifications or Special Provisions provide that the Department determines the pay quantity for an item on the basis of area of finished work adjusted in accordance with the ratio of measured thickness to nominal thickness. (2) Where these Specifications provide for a deduction due to test results falling outside of the allowable specified tolerances. (3) To payment for extra length fence posts, as specified in 550 -6.3. 9 -3.3 Lump Sum Quantities: 9 -3.3.1 Error in Lump Sum Quantity: Where the Department designates the pay quantity for an item to be a lump sum and the plans show an estimated quantity, the Department will adjust the lump sum compensation only in the event that either the Contractor submits satisfactory evidence or the Department determines and furnishes satisfactory evidence that the lump sum quantity shown is in substantial error as defined in 9- 3.2.1. 9 -3.3.2 Authorized Changes in Work: Where the Department designates the pay quantity for an item to be a lump sum and the plans show an estimated quantity, the Department will adjust compensation for that item proportionately when an authorized plan change is made which results in an increase or decrease in the quantity of that item. When the plans do not show an estimated plan quantity or the applicable specifications do not provide adjustments for contingencies, the Department will compensate for any authorized plan change resulting in an increase or decrease in the cost of acceptably completing the item by establishing a new unit price through a supplemental agreement as provided in 4 -3.2. 9 -3.4 Deviation from Plan Dimensions: If the Contractor fails to construct any item to plan or to authorized dimensions within the specified tolerances, the Engineer, at his discretion will: require the Contractor to reconstruct the work to acceptable tolerances at no additional cost to the Department; accept the work and provide the Contractor no pay; or accept the work and provide the Contractor a reduced final pay quantity or reduced unit price. The Department will not make 2 Packet Page -579- 10/9/2012 Item 16.A.1. reductions to final pay quantities for those items designated to be paid on the basis of original plan quantity or a lump sum quantity under the provisions of this Article unless such reduction results in an aggregate monetary change per item of more than $100, except that for earthwork items, the aggregate change must exceed $5,000 or 5% of the original plan quantity, whichever is smaller. If, in the opinion of the Engineer, the Contractor has made a deliberate attempt to take advantage of the construction tolerances as defined in 120 -12.1 to increase borrow excavation in fill sections or to decrease the required volume of roadway or lateral ditch excavation or embankment, the Department will take appropriate measurements and will apply reductions in pay quantities. The Department will not use the construction tolerance, as defined in 120 -12.1, as a pay tolerance. The construction tolerance is not to be construed as defining a revised authorized template. 9 -4 Omitted Entirely (Deleted Work) 9 -5 Omitted Entirely (Partial Payments) 9 -6 Omitted Entirely (Record of Construction Materials) 9 -7 Omitted Entirely (Disputed Amounts Due the Contractor) 9 -8 Omitted Entirely (Acceptance and Final Payment) 9 -9 Omitted Entirely (Interest Due on Delayed Payments) 9 -10 Omitted Entirely (Offsetting Payments) 9 -11 Omitted Entirely (Deleted Work) 9 -12 Omitted Entirely (Partial Payments) 9 -13 Omitted Entirely (Record of Construction Materials) 9 -14 Omitted Entirely (Disputed Amounts Due the Contractor) 9 -15 Omitted Entirely (Acceptance and Final Payment) 9 -16 Omitted Entirely (Interest Due on Delayed Payments) 9 -17 Omitted Entirely (Offsetting Payments) 4 Packet Page -580- TABLE OF CONTENTS . 10/9/2012 Item 16.A.1. PUBLICNOTICE .......................................................................................... ..............................3 PART B - INSTRUCTIONS TO BIDDERS .................................................... ..............................5 CONSTRUCTIONBID ................................................................................. .............................13 BIDSCHEDULE .......................................................................................... .............................14 MATERIAL MANUFACTURERS ................................................................. .............................15 LIST OF MAJOR SUBCONTRACTORS ..................................................... .............................16 STATEMENT OF EXPERIENCE OF BIDDER ............................................. .............................18 TRENCHSAFETY ACT .............................................................................. .............................19 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS .............. .............................20 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................21 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 ........................ .............................22 BIDBOND ................................................................................................... .............................26 BIDDERSCHECK LIST .............................................................................. .............................27 CONSTRUCTIONAGREEMENT ................................................................... ..........................28:,, EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................... .............................35 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................... .............................38 EXHIBIT B: INSURANCE REQUIREMENTS .............................................. .............................41 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................45 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................46 EXHIBIT E: CHANGE ORDER .................................................................... .............................49 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................50 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................... .............................52 EXHIBIT H: GENERAL TERMS AND CONDITIONS .................................. .............................53 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ........................ .............................83 EXHIBIT J: TECHNICAL SPECIFICATIONS .............................................. .............................84 EXHIBITK: PERMITS ................................................................................. .............................85 EXHIBIT L: STANDARD DETAILS ............................................................. .............................86 EXHIBIT M: PLANS AND SPECIFICATIONS ............................................. .............................87 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............88 2 Packet Page -581- 10/9/2012 Item 16.A.1. a PUBLIC NOTICE INVITATION TO BID Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements COUNTY BID NO. 12 -5937 Separate sealed bids for the construction of Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 8th day of August 2012, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, at 10:00 a.m. LOCAL TIME on the 23rd day of July 2012, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements, Bid No. 12 -5937 and Bid Date of August 8, 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.collier-Qov.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 Packet Page -582- 10/9/2012 Item 16.A.1. Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and fifty (150) 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 6th day of July 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director Packet Page -583- 10/9/2012 Item 16.A.1. 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 forms herein furnished by the Owner (pages 13 - 27 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed -and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. 5 Packet Page -584- 10/9/2012 Item 16.A.1. 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. 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. Packet Page -585- 10/9/2012 Item 16.A.1. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time. specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications. or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. 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; 7 Packet Page -586- 10/9/2012 Item 16.A.1. b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than twenty -five percent (25 %) from the estimate at the time of bid. 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 Packet Page -587- 10/9/2012 Item 16.A.1. for all alternates as listed will be considered technically non - responsive and will not be considered for award. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing professional of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http: / /www.colliergov.net/Index.aspx ?page =762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (FI Stat 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.htmi). 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. Packet Page -588- 10/9/2012 Item 16.A.1. A "local business" is defined as a business that has a valid occupational license issued Aft by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non -local business submits the lowest price bid,. and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business with the .apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non -local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non -local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. 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. 10 Packet Page -589- 10/9/2012 Item 16.A.1. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth 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 Packet Page -590- 10/9/2012 Item 16.A.1. on the Project. Once approved by Owner, no subcontractor shall be removed or AOW 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 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." 12 Packet Page -591- 10/9/2012 Item 16.A.1. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Industrial Boulevard (Radio Roar! to Mercantile Ave) Roadway Improvements BID NO. 12-5937 Full Name of Bidder Better Roads Inc. Main Business Address 1910 Seward Ave.. , Naples, FL 34109' Place of Business same Telephone No. 234/597 -r181 Fax No. 239/`597 -1597 State Contractor's License # CUC 56737 State of Florida Certificate of Authority Document Number 058146 Federal Tax. Identification Number 59-2319514 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. 13 Packet Page -592- 10/9/2012 Item 16.A.1. BID SCHEDULE. Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements Bid No. 12 -5937 Bid Schedule Provided in Separate File W] 14 i Packet Page -593- S W O O Q M Cd N V C 'C 'O m 0 C 0) M N a D_ 10/9/2012 Item 16.A.1. O O O O O O O O O O O O O O O o O O O o o o Ln trf O m O O O o O O Ln N o Ln O o o Lo N o n o o o 00 O w o fl, O LD LO M o cY 01 M 0 Ln d' o LD ct o N r\ r` to N Ln O ri N ri N Lo M N O 00 m N M M 0) M O N M to ct 'V' LD r\ N O w M O M r1 LD O M LD ct M 01 -1 Ln r1 M 00 00 ri Ln 01 O N N Lr LD LA N Ln M Ln N r1 Cr -C: N Ln N 11 M f\ Ln d' L-i H '7 rl N m r-1 rl V? Vi V? V? if► V1 V} V► V? VF V} V)- V1. 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H w m Q O U zuLS ¢ ° d U- W z O > > m �' a u~i Cn F- OW ¢ 0= 0 O w Z U U W C7 U J Q z0 Z F- fh Q F 3 Q Q In F- ¢ W U Z O ¢ m L+0 X W Z W u U x w {� m C!J Cn W X a O O Q Q F' Q U F- O C7 S� W J _ F- d F- W > Q .d-: W J W J W J O m F- F- 0 LU W W I Z S Y Co Q O O Cl .O" CL d W O J Z O Z _= W O O O O m Z W W m 0 CL Z Z Z J a O Q Q Q 0 W W W U Cn Z U x W LL m F- to > a 0- M O Co O r r O N ei N` M r Lr-1 n 1M-4 � N Co N N Co 00 M N r r M r r r r O f• f` r N -^t 1• N 0 LO 0 r1 e-1 0) 01 N i N V O O O r LC7 CD f` Lo O 0 0 O O O O N O O O O O O r N N N Co Co N M ;; N N N N M M M M M ti r r r r r N N M M :' ,f" t1' �f C '7 �' .-t N m c Ln Lo n ou Ul Ld .+ cv —AV � w„ rl s-1 r-1 c-i "r, e-1 rl e4 r-I Z4 N N N N N Packet Page -594- N O rl 10/9/2012 Item 16.A.1. O O O t11 ul O O ui � O t11 O O O O O O O N li st O tl O 00 O N O iii M 000 to 000 Ln 000 M ' O M tlf N M M O +n ,n v� vti v>• vt• v'� v► �n alb v> v� v► s . , �� r , O O O O O O -* O Ln O N Lr) O O tfl' Ct9 N M O O O I, 00 Q O _4 t0 tO r\ 00 00 tT3 qi r.. Alftk C 00; :; t11 N tD 1 N .4 N I� O CT lD OC) w O 00 1� N O 00 00 n to t0 O OQ RAC -N- 0 z C: ,. tf1 f� tO N N N CT of N t/1 00 [f Ti W C7S 3 , v O p O O O t11 ul O O ui � O t11 O O O O O O O N li st O tl O 00 O N O iii M 000 to 000 Ln 000 M ' O M tlf N M M O Packet Page -595- +n ,n v� vti v>• vt• v'� v► �n alb v> v� v► s . , �� r , u1 rn M to 00 O rl 00 rn 1 M ao N ei Ol 00 CT N 111 C M 00 � n Co ,: 3 , p �. V) Cn Cn Cn Q G LL Q Q LL LL Q Q Q Q W Z ♦J k in R ei H ccQj G � C J M O J Q W r If1 � 3 Z W m LU Y Z n Q _ J LU W W, U) ~ = W = OJ fn N W _ W W W 0 } Z! v N U > 0 a C6 W ~~ > J_J a : O w _, �s as w w a 0 'v =_ cn o 3' LL Z Z Z Z CD N_ >_ Q CD <O _ !0` (9 CD CD 0 P U U U U U U U c d to cn to U) W _U p F- p H H H H H F- H F- Co J (n w 0 g Co to to g fn g In ra. O O O O LL w :5 �;... y tt n a a a a. 6- d a CL a. d O O o o O o O O 3 J J J J O 2 2 2 2 2 M 22 2 J, Q Z Z Z Z_ w w w w w w w w k C; W to fn fn (n F- r LO O O r v r r r N O O r N Ca C` r N M to C`a m r r r CO r r N N N N O k N N N N M r r r r 0 m� C[f O O O 0 O O O O CO O r r r r r r .. N to t0 f" 00 M O ti N M 'Cr to t0 f- i 3 L N N N N N M M M M C'M 'M M M to' a o. Packet Page -595- 10/9/2012 Item 16.A.1. 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. Company: Signature: Inc. Hoffman: Chief Estimator Date: 8/8/12 Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER, 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature: Packet Page -596- Date: 15 10/9/2012 Item 16.A.1. LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPETED 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 removefreplace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical N/A 2. Mechanical NIA 3. Plumbing NIA 4. Site Work NIA 5. Identify other Haleakala Const. subcontractors that 5758 Taylor Rd. represent more than Naples, FL 34109 10 %0 of price or that affect the critical path Drainage of the schedule 6. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 7. Identify other subcontractors that represent more than 10% of price or that affect the critical path 16 Packet Page -597- i 10/9/2012 Item 16.A.1. of the schedule 8. Identify other subcontractors that represent more than. 10% of price or that affect the critical path of the schedule 9. Identify other subcontractors that represent more than 10 % of price or that affect the critical path of the schedule 10. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Better Signature: for Packet Page -598- Date: 8/8/12 17 10/9/2012 Item 16.A.1. STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. See Attached 2. 1 4. a Company; Better Roads Inc. Signature: Date: 8/8/12. Ger d ItMftman. Chief Estimator Better Roads Inc Completed Projects Better Roads Completed Projects 10/9/2012 Item 16.A.1. Packet Page -600- Contract Contractor or Required Actual Project-Title Amount Subcontractor Completion Completion Contact into US 27 Polk Co. (f1416) 2.329,984.39 Contractor May, 20T7 May, 2011 FOOT 605 Suwannee SL Tallahassee, FL 32399 Summedin Road 52;015,883,23 Subcontractor June 2011 June 20t 1 Posen Construction Inc. 9200 Estero Pk Commons Bard Estero, FL 33928 239490 -5919 Del Predo Batvd. PH 5 651,044.00 Subcontractor June 2011 June 2011 . Battour Beatty ConsPLLC 804 Nicholas Pkwy E Ste2 Cape Coral, FL 33990 239.242 -0879 Collier Boulevard Widening $40,556,620.32 Contractor D412009 02!2009 Collier County SOCC Six Lane Improvements 3301 Tamtami Trail East Golden Gate Bvd to Immokalee.Rd Naples, Florida 34112' Naples, Florida 239474 -8407 John Conti Fax:: 239. 732 -0844 DeSelo County Annual $272,783.50 Contractor 0112008 0112008 OeSoto County BOCC Paving Program 201 East Oak Street # 203. Arcadia, Ronde 34266 883. 993=4816 Fax: 863.993.4819 CR 7201731 Resurfacing and $1. 764,026.05 Contractor 02!2008 02120D8 Glades County BOCC Widening - Glades County P.O. Boxclot8 Moore Haven, FL 33474 -1018 863.846.6000 Fax 863 -946 -2860 US 41 - Mill and Resurface $8,537,208.52 Contractor 0312008 0312008: FDOT Tamiemi Trail (Daniels Parkway 605 Suwannee Street to Winkler Avenue) Lee County Tallahassee, Florida 32399 FL Myers, Florida 863.51.9.2224 Rick 2ehner Fax: 850.414.4947 State Road 80 $8,537;208.52 Contractor 0612008 0712008 FDOT Lee.County 605 Suwannee Street North Ft. Myers, Florida Tallahassee, Florida 32399 863.619:2224 Judy Rice Fax: 850414.4947 State Road 82 S1;659.787.80 Contractor 0712008 0712008 FOOT Lee County 605 Suwannee St. Tallahassee, FL 32399 863 - 51.9,2224 Fax: e50. 414.4947 State Road 82 to State Rd. 29 $2,674,710.41 Contractor 11!2008 1012008 FDOT Collier Co. 605 Suwannee St. Tallahassee, FL 32399 850614.4000 Fax: 850.4144947 Packet Page -600- 10/9/2012 Item 16.A.1. TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost. (Description) L( F.SY) 1. Sloping LF 2. 3. 4. 5. 391 1.00 391.00 TOTAL $ 391.00 Failure to complete the above may result in the Bid being declared non - responsive. Company. Signature: Chief Estimator Packet Page -601- Date: 8/8/12 19 i f 10/9/2012 Item 16.A.1. Coyer C014Mty. Adrrni:ir�tive:S�vioes Oivisz5n P�ha54�g AFFIDAVIT FOR CLAIMING STATUS AS LOCAL. BUSINESS Solicitation # 12 -5937 Industrial Boulevard (Radio Road to Mercantile Ave) Roadway improvements (CHECKAPPROPRIATE BOXES BELOW) State, of Florida (Select County If Vendor is described as .a Local Business Rx Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic deveiopment.and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information :. Year Business Established in [ECollierCounty or ❑ Lee County: 29 Number of Employees (including Owner(.$) or Corporate Officers): 256 Number of Employees Living in Q Collier County or ❑ Lee (including Owner(s) or Corporate Officers): 56 If requested by the County, vendor will be required to provide documentation substantiating the information givers in this affidavit, Failure to do so will result in vendors submission being deemed not applicable. Vendor Name; Better Roads Inc. Date: 8/8/12 Collier or Lee County ress: 1910 Seward Ave., Naples, YL 34109 Signature: Titles Chief Estimator G. a _LV16 ffman STATE OF FLORIDA: ❑ COLLIER COUNTY ❑ LEE COUNTY X CHARLOTTE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 8th Day of Aug. 20 Notary Public My Commission Expires. 3/17/15 (AFFIX OFFICIAL SEAL). BARBARA KALASN Notary Public, State of Florida MyComm..ExpiresMarch 17,2015 Commission No. EE 75312 20 Packet Page -602- 10/9/2012 Item 16.A.1. —' f� w� �Alk.IER CQUNTY BU51NE5S TAX '. "`,$U,�� 742939 COLCOtE�c3bR -2800 N HbRSESHOE DRIVE' NAPLES FLfllt4l� "' VISirou VVE srn �` i t ax , R BSITE AT vnanir oo�Hettrot oom �. 'stye# THtS RECEIPT PIRE $ SEPTEMBER 30, 2072`; L�t7CA 01,1&t4$, TNAFJUAVE ,c`1�T"'�� Q��X' LAC> t: t]FBUSINESSFOR- PUBLlCIN$PlrC1[� ONL�DY `IND STRK ; ,LE y'..�tL R� O-D0r'SO IS GONTR— AY'lb,LbtAL LAWS BUSQ�IE$S PHONE, 5972131 CORPOiiAilO . 3 ` t ":Tf ll'9 TA'X tS !VO REFUNDi�BLE F pp�/h hex �R BETTE F �1aY% h - # _ P CY BDK X879 t' x.f {g, �F NAPLES`FL 34101: -0000 l �.i � X F. F � 6 M S •' �t �• t3 NL1MBEfFOF EMPLOYEE;i•• 1.10 EtiIP40YEES ` "��„ � �,,,�,�. �,.,� ;Y�';�-1,� �` �•• � "�� CLA SSIFICATIOW ` PAVING PROD EMW0`"Ii +'6_gNSTAl t�pitt� CLASSIF ICATION*CObE :.030022A1 ,i_i r� i j ( ' � `; y "�r� N� MA *` d7•/2B120'11 1?0 document is a #xu&ness.tax,only:'ijis is r� if diQrati in'thalrcenseeis quaHQed 30 0 It.does not parrrtH the Ucensea to violate an exiatin Y f r } ;'tp 28 40 I Y g regulatory zoning laws of the state, county or cities �': a nor does it exert3pl tffA UeBUSee from .any o(her taxes or penn3ts tfiat may be required(atx r ` Packet Page -603- 10/9/2012 Item 16.A.1. . tax" M.< aM uTy.z•a',� COL Ael, _T 28QO N tiOR I=SHOE D}i1VE NAPLES 1/ISIT OL1R WE6SiT E AT 45M1wnt+COftteri®X CQnI Y � � t� < v THIS RECBiPT EX1yII'ES SEPTi= NiBEt.10;'4012 . ;• . '+v7 ks` ar. Y r •+ IS Yr GLACEOF U411 0SFORP4IBLICINSPF(:Ti .Y� fir s •3 o�f`1 is 47i RHO DO SOTS CONTRARY tC} 1 OCAL LAWS 73lirCAdI+l7°$8t� 1 "� T7 PiVE 'LE R�'` a `"'£ {THIS TAX TyNON REFUNDABLE �vf NDl�SCfIF1AC COItPORATO;W. ryCai BUSINESS PFIONg * „597 218 BETTER KJ j^y 'y • STATE LIC CUt 667 ' `` '• BpNNESg' x ./... rJr�•j; f .. J,i''fftsv. r i t Jr. 7rJfi =f, x yr sip y�' 4 ^ it PO BOX>9 �.NAI'LES FL- 3d1t19-00tf0 f � £', J.. FTi - t. rf ✓. - t: a {t 'r'-S �f. a S f +.+' , ,AM� 'NUMBER OF ENIPL'OYEES 1 a' 20 EMPC ®PEES ” �, ,.. 4+ c. ter �a f J�dATI ` 07128J2D1S :` Ct ASSIFICATION t1N0�` iGROUt7F1i1E1f1T1I lId`Ct'd�C3C31 38 >00- J Vr A•.,A, ...r .. 3'':. YY J i N :. CLASSIFICATION 'CODE . 0510280 sy ff F`> v f�J: ir'ii�i'isrTc �- 2662 A0 This document is a business taz oniy.`tj#s is neteriificatwn thfi {licensee Is qualified it does -hot permit ttie Ilcensea tovlotate any existing regulatory zoning laws of the slate county or nQUloest thel%ensee, from any othertaxes of permits that °maybsequtred lf�itiawx •y ; ,,,. z.: J gttsiNE$;�!1illflli2 9024138 •i ,c6L�.iER- C0UNTY BUSINESS TAX • COL If`{i COpNTY {TAX flLi tofbR- 28001N.,HOR3E51 tOE DRIVE- NAPLES F4Qf2iDA IO r (5 1 st ? VISIT' OUR..WEBSITE AT.'WW01II rtex COm . : THIS RECEIPT EXPIRES SEPTEMBER 30,, 2012 P f DIfiF►�'cATT?T.ACE OF BUStNESB FOR P(iBL1C INSPECTION= �L`QCA31ON5 t�i� EWAT i AVr= " � f 1TLURE' o DO Sd IS-CONTRARY•TO f,OGALt I 4 L wLEGi4L`�,EtTlNla a r • ... �` � v � � ,t� �: THIS TAX rs NON REFUNDABLE ; ZONED. INDTISTRIAL { CORPQfi�Al IONS+ r r ,� J i BUSINESS PHONE: 597.2181. BETTER'ROA.OS,,VC F t: - BOAINESS- 46, D T8 . COUNTY LIC: 12778' 3 - f P. 0. BOX 9978 z i ^ f NAPLES FL 34101 -0000 NUMBER OF EMPLOYEES: 1.5 EMPLOYEES r r = DATE 0712812011 i CLASSIFICATION: EXCAVATING 4106i - '' AMOONT 22.00 } Lx < CLASSIFICATION CODE 03702101 Ee 2 t This document is a business tau only This is no[certifcattonthat Gcensea is qualified �� . 0 9 �� ; Tt dass.pp -- gemtit the licensee o vi0iate any existing :regulatory zoning taws of the state,pounty or atlas n4r�30eS:f'saCeriiPj lhr3 TtceA&?,e irom;arty other:taxes or permits that may,be regthr+3d blartir, i.�.... •t Packet Page -604- 10/9/2012 Item 16.A.1. COY-7 r 00"*Ity Admnstrabn Se ices omsm Pwcha*V Immigration Law Affidavit Certification Solicitation: 12.6937 Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's).and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide. acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal: Acceptable evidence consists of a copy of the properly completed E- Verify Company Protile 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 CINA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall, be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify),. operated: by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal Company Name Better Roads Inc. Print Name Gerald Hoffman Title Chief Estimator Signature ( Date 8/8112 State of Florida County of Charlotte The foregoing instrument was signed and acknowledged before me this 8th day of August 20 121 by Gerald Hoffman (print or type name) who- #ias-{3redwed is persona3iy known to me (type of identification and number) as identification. '- r' Notary Public Signature Barbara Ka.lash Printed Name of Notary Public EE73312 3/`17/15 Notary Commission Number /Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 21 Packet Page -605- ( t 10/9/2012 Item 16.A.1. Registimtion Page 1 of 1 ri Empl©ynf Eligibility Vedcat on Exit, soon me t Company Information Company Name: Setter Roads; Inc. View /'Edit Physical Location; Mailing Address: Address 1: 1910 Seward Ave Address 1; Address 2: Address 2: City: Naples City: Stater FL State: Zip Code: 34109 zip Code:' County COLLIER Employer Identification Number. 592319514 Total Number of Employees 100 to 499 Corporate / Parent Company: Better Roads Inc, Organization Designation: Employer Category: None of these categories apply NAICS Code: 238 - SPECIALTY TRADE CONTRACTORS View/ Edit Fairing Sites: View /:Edit cLORIDA 1 E- Verify Users: f View / Edit Last Name First Name M.I. Phone E -mail Rosado. Ruth (239) 254 - 3932 ruthr @betterroads.net MOU Signatory Rodriguez Naomi (239) 254 - 3944 naomir @betterroads.net I certify that the Information provided for this registration_ is correct. I am aware that Federal law provides for imprisonment and/or fines for knowing false statements or other fraudulent conduct in connection with this registration. I am aware that providing any false information may be grounds for terminating participation in E- Verify:. 01 agree RegisterE ployer iitEps:L /c- verify. pscis. .govlenroll/Registration.aspx ?JS =YES Packet Page -606- Qpwn1gadMIwW,% 10/9/2012 Item 16.A.1. Cover County AdninWoWe SerVoms DMsion PAWdUSN COLLIER COUNTY SOLICITATIONS SUBSTITUTE`V41 -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 aIC information) Taxpayer Name Better Rc (as shown on income tax retum) Business Name (if different from taxpayer name) Address 1910 Seward Ave. State FL Telephone, 239/597 -2181 Order Information Address same City _ FAX Email State City Naples, Zip 34109 FAX 239/597 -1597 Email es t1mati.ug@bette.rroads.net Remit / Payment Information Address Zip City 2. Company Status (check only one) FAX Email same State Zip Individual/ Sole Proprietor _Corporation Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax cfassification D = Disregarded Entity, C = Corporation, P = Partnership) 3 Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 59- 2319514 (Vendors who _do not have a TIN, will be required to provide a social security number prior to an award`of the contract.) 4. Sign and Date Form Certification: Under penalties of pedury, l certify that the informatlon shown on this form is coma to my knowledge. Signature Lam-- -� date 8/8/12 k.et4ld Hoffman. Title Chief Estimator Phone Number 239 -5 9 7—_2T9T_ 22 Packet Page -607- w D 10/9/2012 Item 16.A.1. 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 uniess the Project. Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one hundred and twenty (120) 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. Respectfully Submitted: State of Florida County of cbarlotte Gerald Koffman, chief Estimator 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. Better Roads Inc.. , 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 Packet Page -608- 10/9/2012 Item 16.A.1. (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 Better Roads Inc. , and the full names of its officers are as follows: President_ Josep "h D. Bonness Secretary Carolvn V. Casey CFO TreasOMr Daniel J. Kelley Executive Vice -Pres/ Manager Clark Leamine, Chief Estimator Gerald Hoffman The Chief Estimator is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken October 1, 2010 , a certified copy of which is hereto attached (strike out this: last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: ! t i The co- partnership does business under the legal name of:. ! (c) Individual i The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is as Packet Page -609- 10/9/2012 Item 16.A.1. Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from previous page. DATED 8/8/12 Witness Afle�" Witness STATE OF Florida COUNTY OF Charlotte Florida Corporation legal entity BY: Better Roads Inc.. Name of Bidder (Typed) Sigftat Gerald Hoffman Chief Estimator Title The foregoing instrument was acknowledged before me this 8th day of August , 20 12 by Gerald Hoffman as Chief Estimator of Better Roads Inc. , a Florida corporation, on behalf of the corporation. He /she is personally known to me o; --- *ias - - - -p 9dweed as identification and -did (did not), take an oath. My Commission Expires: 3/17/15 BARBARA KALASH Notary Public, State of Florida My Comm. Expires March 17,.2016 Commission No. EE 75312 (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) Barbara. Kalash (Legibly Printed) Notary Public, State of Florida Commission No.: EE 75312 Packet Page -610- 25 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we and Deoosit Comoanu of 10/9/2012 Item 16.A.1. Better Roads, Inc. (herein after called the Principal) and (herein called the Surety), a corporation chartered and existing under the taws of State of _ Maryland with its principal offices in the city of Schaumburg IL and authorized to do business in the State of Florida are held firmly bound unto the The Board of County Commissioners of Collier County L_ (hereinafter called the Owner), in the full and just sutra of Five Percent of Amount Bid dollars ($ S% of Amt Bd ) good and lawful money of the United States of America, to be paid upon demand; of the Owner, to which payment well and truly to be made, the Principal and the Surety band themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. and Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as _Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements - Bid No. 12 -5937. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver Owner the required certificates of insurance, if the PRINCIPAL shall pay to the 08Li to the fixed sum of $ s% of amt bd noted above as liquidated damages, and nq ; ' penalty, as provided in the Bidding Documents, then this obligation shall be null age irtz "tb�; m otherwise to remain in full force and effect. 2 ' SEAL IN TESTIMONY Th reef; the Principal and Surety have caused these present3�,to`•be duly signed d e this sm day of August. 2012, Be er s nc, 'tb R�Q{r}1C3t+,a` Principal u t +r�tnt�ts�� BY LEAi�IIAG,C VICE PRESIDENT (Seal) Fidelity and De 'Jt Coln an of—AQ61and Surety (Seal) Countersigned Eileen C. Heard Attorney -in -fact and Florida Licensed Resident Agent_ Local Resident Producing Agent for Fidelity and Deposit company of Maryland i i EXPERIENtE'tho POWER of PAM SHIP L SIII Insu� once Packet Page -611- 10/9/2012 Item 16.A.1. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND; and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S t aryland, by FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant Secretary, in u $ i ity granted by. Article Vl Section 2 of the By-Laws 'of said Companies, which are set forth t e� a hereby certified to be P r in full force aril effect on the date hereof, does hereby nom' t t nd a o' r� ON, Richard. P. RUSSO JR. Tanya L. >RUSSU Eileen C. HE ., ric.ARGHERU, all of Tampa, Florida, EACH its true and lawful a t t ° n- acttst l and deliver, for, and on its behalf as sure and as its act and deed d dot fn "5 hf execution of such bonds or undertakings in surety, $' pursuance of these oil w7plower rn t Ri ompanies, as fully and amply, to all intents and purposes, as if they had been duly Mar' g y the regularly elected officers of the Company at its office in Baltimore, Md. in their own pr 1192 ti . of attorney revokes that issued on behalf of Richard P. RUSSO, JR., Tanya L. P i�� Ff � � RUSSO Peter A. T Eileen C. HEARD; Megan MANNING, dated April 21, 2010. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V.I, Section2, ofthe By-Laws -of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice- President and Assistant. Secretary have hereunto subscribed' their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 13th day o0une, A.D. 2011. .. ATTEST: .:~{ VrO no SEAL r .'..� State of Maryland City of.Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY By: Gerald F. Haley Assistant Secretary 1 Frank E Martin Jr. Vice President On this lath day of June, A.D. 20.11,.. before the subscriber, a Notary Public of the State of Maryland,, duly commissioned" and_qualified, came FRANK E. MARTIN JR., Vice President, and GERALD F: HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,: and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding, instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the. seals affixed to the preceding instrument is the Corporate Seals of said Companies,, and that' the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the °said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand.and affixed my Official Seal the day and year first above. written. t��7grnnrr�` Constance A. Dunn Notary Public My Commission Expires July 14, 2015 PDXF 031- 3055A: Packet Page -612- 10/9/2012 Item 16.A.1. EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman: of the Board, or the President, or any Executive Vice- President; or any of the Senior Vice - Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or, by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements; deeds, and releases and assignments of judgements; decrees, mortgages and instruments in the nature of mortgages,...and to affix the-seal of the Company thereto. EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VL, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents' specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company' may require,, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds; and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing .Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specialty authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI,: Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT - COMPANY OF MARYLAND,, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at, a meeting duly called and held on the 10th day of May, 1.990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of.any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing. upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the.corporate seals of the said Companies, this _ day of _ ;�-- ct- V dssiskult secrdary Packet Page -613- i i F 1 I i t 10/9/2012 Item 16.A.1. CERTIFIED RESOLUTION OF BETTER ROADS INC. I hereby certify that the Directors of BETTER ROADS INC., a Florida Corporation (the "Corporation "),. pursuant to the Articles of Incorporation and to by laws of said Corporation approved the following Resolution: Be it resolved that Joseph D. Bonness III, CEO/President, and Clark Learning,. Executive Vice President, be authorized to sign construction contracts by action of its Board of Directors taken October 1, 2010 on behalf of BETTER ROADS INC. Be it resolved that Joseph. D. Bonness III, CEO/President., Claris Learaing, Executive Vice President, Joseph M. Restino, Vice President; and Gerald Hoffman, Chief Estimator, be authorized to sign construction proposals by action of its Board of Directors taken October 1, 2010 on behalf of BETTER ROADS INC. (Corporate gpl),, SEA BETTER ROAN,Ai6i jo Aida. Corporation By: 1' Joseph D. Bonness III Chief Executive Officer By: Carolyn V. Casey Corporate Secretary Packet Page -614- 10/9/2012 Item 16.A.1. 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 hems as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed and the company's E- Verify profile page or memorandum of understanding 8. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 10. Any addenda have. been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The mailing envelope must be sealed and marked with: <*B d Number; c*Project Name; <*Opening Date. 13. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER- DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Better Roads Inc. Bidder Si at 9 Title Gerald Hoffman, Chief' Estimator Date: 8/8/12 27 Packet Page -615- 10/9/2012 Item 16.A.1. Collier County Florida ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work.. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 perclaim and in the aggregate • $2,00.0,000 per claim and in the aggregate ❑ Project Professional Liability Packet Page -616- $ Per Occurrence 43 Insurance and Bonding Requirements Insurance I Bond Type Required Limits 1. 9 Worker's Statutory Limits of Florida' Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. 0 Employers Liability $1.000.000 single limit per occurrence 3. ED Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1.000,000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the. maximum extent permitted by Florida law, the GontractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence; recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Colllier County.. 4. ® Automobile Liability $ 1.000,000 Each Occurrence;. Bodily Injury & Property Damage, Owned /Non - owned /Hiired; Automobile. Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work'. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work.. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 perclaim and in the aggregate • $2,00.0,000 per claim and in the aggregate ❑ Project Professional Liability Packet Page -616- $ Per Occurrence 43 10/9/2012 Item 16.A.1. 6. 0 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. 0 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. Z 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. ED Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10 Z 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. [9 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 Better R s Inca Date $/8/12 Vendor Signature Print Name (I. J1offman, Chief Estimator Insurance Agency Marsh USA, Inc. Agent Name Kim L. Arvanitis Telephone Number 813/207 -51.74 44 Packet Page -617- 10/9/2012 Item 16.A.1. °R'® CERTIFICATE aF LIABILITY INSURANCE DAYS MDD„YY,. MOM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMOION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES- NOT CONSTITUTE A. CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the Certificate holder la. en A©DITiONAL INSURED, the policy(les) must be endorsed. It SUBRO¢AT1ON IS WAIVED, subject to the terms and conditions of the policy, certain. policies may require an endorsement. A statement on this certificate Hoes not confer rights to the' certificate holder In lieu of such endorsament s , PRODUCER klatch USA, Inc, . 3031 N. Rocky Pohl) Ddva West, Suite.70lI Tem xft. 33607 Aft, KL%LA wAft@1Amh mn; Ph: (813) 2074174 NAME Lggl . E D D INSURER (j :AFFORDING COVERAGE: NAIOi 10128&0e8 -Ces- 12-13' X' INSURER A ; Rnois:National ins 00, 2391 INSURED Better 1910 8 and Inc. 1910 Se'rreNAvellue Naples, FL 34109 INSURERTJ: New HempsWa Insumnea Ccmpeay 23841 iNSUtiERO:° Stealnde!mity & LIAN ry Ownpany 38318 INSURER D.; L4$= a Co apany01TheState O[PA 19428 INSURER E' INSURER P ! $ - 3,76D,000 GEN'LAGGREGA*M LIMIT APPLES PER; POLICY X O' toe COVERAGES CERTIFICATE NUMBER; ATL.362917SM4 REVISION NUMBER:1t THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT: TERM OR CONDITION OF ANY CONTRACT, OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES "DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,, EXCLUSIONS -AND CONDITIONS OF SUCH POLICIES...LIMITS SHOWN MAY HAVE .BEEN REDUCED BY PAID CLAIMS. L7R TYPFINSURANCE POLCNUAe£R 1P MM0 POLICY IA7a LMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABtnY CIARAS•AIAOE Q OCCUR X Sk s25Q000 131.9812842 081111/2012 001013 EACH OCCURRENCE s iZ50,000. DAMAGE TO RE • P MI His comyrarmol S 500 Q00 MED EXP Are ono on 6 PERSONAL It ADV INJURY s 1;750,000 GENERALAGGRE13ATE $ - 3,76D,000 GEN'LAGGREGA*M LIMIT APPLES PER; POLICY X O' toe PRODUCTS- COIAPPIOPAGO $ 3,780,000 S 0 AUTOMOBILE LIABILITY X ANY AUTO EDULEO AOOSWNED �O HIREDAUTOS AUTOS OWNED AUTOS CA1707WO 00112012 00=3 a CO I E WAIT 200D000 BODILY. INJURY (Perpsi mR 3 c BODILYINJURY(Pera MWI S PRivaEalRdiY s S C X UM13RPLLAUAS EXCESS LIAR X OCCUR CLAIMS•1,1ADE SISC=01794412 08101!2012 0810112013 EACH OCCURRENCE $ 6.0001= AGGREGATE s 5.-000.000 DED I RETENTIONS $ D. WORKERSOOMPENSATION AND E M PLOYERS' LIABILI IY ANY PROPRIETORIPXRTNER/EXECUIiVE Yrti OFPICEMMEMBEREXCLUDED7 ® (MsMistWy J1t NN) Or dasoa"w!dar OESGIRIPTION OF OPERATIONS be$vx NIA: WC035896327 00112012 0 0112013 113TATLI• oTH ER El. EACH ACCIDENT 3 1' E:L.DISEASE • EA EMPLOYEE S 11000;000 EL DISEASE - POLICY LIMIT S 'W'000 DESCRIPlnDN OF OPERAnONSI LOCATIONSIVEM OLE8 {Attach ACORD 101,Addlllonat Ronarks Schedois, U more spree -is isqu4ndl Evidence of Insurance. Better Roads, km SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE! 1910SewwdAvenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Naples, FL 34109 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA71VE of USA Inc. YJm Arvanl0s w: 01888- 2010.ACORD CORPORATION. AI1.rfghts reserved. ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD Packet Page -618- 10/9/2012 Item 16.A.1. .08B997 STATE of FLORIDA, om PROFESSIONAL RE*-- q�j INDUTRY-l"MCEM B�Q OSEPIJ 1) Ill NNESS, BETTgR: ROAD' -1 C P 0-tOX-9979' ..NAPLES FL, 34.101 CH4ALIE bkS T GOVF,PXOlt DISPLgYRS REQUIRED BY LAW*: Packet Page -619- 10/9/2012 Item 16.A.1. Packet Page -620- State Flo-rida Department of State I certify from the records of this office that BE'T'TER ROADS INC. is a corporation organized under the laws of the State of Florida, filed on September 2, 1983. The document number of this corporation is G58146. I further certify that said corporation has paid all fees due this office through December 31, 2012, that its most recent annual report was filed on March 29, 2012, and its status is active, I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and Cite Great Seal of Florida, at Tallahassee, the Capital, Ads file 73venty Ninth clay of March, 2012 Secretary of State i Authtntieation lD: 900226712929= 1732912 -08146 4'n roilwingsite, e To authenticate this ccrUncate;visit the outer the 113; and then roitow the instructions displayed. https:// efil %sunbiz.org /certauthver.litmt Packet Page -620- COTCr count Administrative Services DMsion Purchasing Memorandum Date: July 26, 2012 10/9/2012 Item 16.A.1. Email: BrendaBrilhart @colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM #1 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 — ITB 12 -5937 - Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: REVISE: Bid Schedule revised to include the following: Addendum #1 Bid Schedule must be submitted in order to be considered for award. One Line Item Changed: question bid item 425 -1 -541 is removed from the bid schedule and replaced with 425 -1- 521. Change the item description from "INLETS (DT BOT) TYPE D ( <1.0)" to "INLETS (DT "BOT) TYPE C (00) ". • Technical Specification for Bid Item 432 -3 -8 • Storm Drain Video and Pipe inspection reports • Utility Work Schedules (Comcast and Century Link) • Exhibit M If you require additional information please post a question on the Online Bidding. site or contact me using the above contact information. c: Julio Ordonez, Project, Manager Enc Revised Bid Schedule Tech Spec Storm Drain Video & Reports Exhibit M 1 Packet Page -621- 10/9/2012 Item 16.A.1. C,-OCr Ct3'G Ht�% Email: 13rendaBrilhart�a colliergov.net Telephone: (239) 252 -8446 Adrrink*aM Services Division FAX: (239) 252 -6697 Purchasing ADDENDUM #2 Memorandum Date: July 26, 2012 From: Brenda Brilhart, Procurement Strategist To: Interested` Bidders Subject: Addendum # 2 - ITB 12 -5937 - Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ADD: (files were inadvertently not uploaded with Addendum # 1) Utility Work Schedules (Comcast and Century Link) CHANGE: Per Addendum #1, because of the file size, the Storm Drain Videos are only available for pickup at the Purchasing Department. Please call 252 -8446 to arrange for a copy. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Julio Ordonez,, Project Manager Enc: Storm Drain Video & Reports I Packet Page -622- C;01. er County Administrativve SerVioas Di+rision Purchasing Memorandum 10/9/2012 Item 16.A.1. Email: BrendaBriltart @colliergov.net Telephone: (239) 252 -8446 FAX. (239) 252 -6697 ADDENDUM #3 Date: August 3, 2012 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 — ITS 12- .5937 - Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: • The due date of this bid has been extended until 2:30 pm on August 10, 2012. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Julio Ordonez, Project Manager Packet Page -623- 1 r c OUHty Administrative Seuiow i" msion Purchasing Memorandum Date: August 9, 2012 10/9/2012 Item 16.A.1. Email: BrendaBrilhart @colliergov.net Telephone: (239) 252- 8446 FAX: (239) 252 -6697 ADDENDUM #4 From: Brenda. Briihart, Procurement Strategist To: Interested Bidders Subject: Addendum # 4 — ITB 12 -5937 - Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: •: The due date of this bid has been extended until 2 :30 pm on August 15, 2012. If you require additional information please post a question on the Online Bidding site or contact . me using the above contact information. c: Julio Ordonez, Project Manager Packet Page -624- 1 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation BETTER ROADS INC. Filing Information Document Number G58146 FEI/EIN Number 592319514 Date Filed 09/02/1983 State FL Status ACTIVE Principal Address 1910 SEWARD AVE NAPLES FL 34109 US Changed 04/07/2003 Mailing Address 1910 SEWARD AVE NAPLES FL 34109 US Changed 04/07 /2003 Registered Agent Name & Address BONNESS, JOSEPH D III 1910 SEWARD AVE NAPLES FL 34109 US Name Changed: 02/23/2009 Address Changed: 04 /07/2003 Officer /Director Detail Name & Address Title VS RESTING, JOSEPH M 1910 SEWARD AVENUE NAPLES FL 34109 Title CEOD BONNESS, JOSEPH D III 1910 SEWARD AVENUE NAPLES FL 34109 Title S CASEY, CAROLYN V 1910 SEWARD AVENUE NAPLES FL 34109 Title T DOUGHERTY, BRANDON S 1910 SEWARD AVENUE NAPLES FL 34109 Title V LEAMING, CLARK 1910 SEWARD AVENUE 10/9/2012 Item 16.A.1. Document Searches Forms Help ......... _ ... ,_._ ._....___._....._.._......_..._ Entity Name Search I��tzJ hq:// www. sunbiz.org/scripts /cordet.exe ?ac Packet Page -625- Ldoc_number= G58146 &in... 8/22/2012 www.sunbiz.org - Department of State NAPLES FL 34109 Title MGR FROMMER, GARY 1910 SEWARD AVENUE NAPLES FL 34109 US Annual ReDOrts Report Year Filed Date 2010 04/05/2010 2011 03/23/2011 2012 03129/2012 Document Images 03/29/2012 -- ANNUAL REPORT �; ti, , satftaget.f3t#si4 I 03/23/2011 -- ANNUAL REPORT L. �, � ,MAOWAM- aswaRTE4 A 04105/2010 -- ANNUAL- REPORT `rtg,ir�z'13;format 02/23/2009 - ANNUAL REPORT•= Yt!utoage.JnPi3F fo?paat 01/28/2008 -ANNUAL REPORT I ._ - ewrnageiPf4rat a ,,til 10/16/2007 -- ANNUAL REPORT View melge ila-FD &51Tixt:;;; 04/16/2007 - ANNUAL REPORT `:a c .�6tewimagt:rttf?GXF frarrat ;,I 04/07/2006 -- ANNUAL REPORT i ,1/i M—W� Q ;A%RQE �� 03/08/2005 -- ANNUAL REPORT 03/1012004 -- ANNUAL REPORT j .;' rew* ge;lt t?Gl foicnat, j 04/07/2003 -- ANNUAL REPORT >" ,..Vie�farraA iSiat, :.j 05/21/2002 - ANNUAL REPORT i :h , -Viewlmag P, fo.. at, II 05/1512001 -ANNUAL REPORT r ,W Viewn _ nRP'F formal j 07114/2000 -- ANNUAL REPORT f ° x9,. /t� i1, p9P 05/15/2000 - ANNUAL REPORT 1,.__ _aew�`uagirfF'QF3wmrat 05/11/1999 -ANNUAL REPORT 19mageirtDF- :format I 05/06/1998 - ANNUAL REPORT I %tmaga-inRDIF format ., .w l 02/12/1997 -- ANNUAL REPORT �.slKaagean6- tortnat F.I 02/1211996 - ANNUAL REPORT ka" r,.irr+age.irl PpF format I 05/10/1995 -- ANNUAL REPORT �..r YiY+tttrrtageA�#'i%F fQrJfat r.:.;1 Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History I Home I Contact us I Document Searches I E- Filinq Services I Forms I Help I Copyriqht C and Privacy Policies State of Florida, Department of State 10/9/2012 Item 16.A.1. Entity Name Search hq: / /www. sunbiz .org /scripts /cordet.exe ?ac Packet Page -626- _doc number= G58146 &in... 8/22/2012 EPLS Search Results Search Results Excluded By Firm, Entity, or Vessel : better roads as of 22 -Aug -2012 10:02 AM EDT Your search returned no results. 10/9/2012 Item 16.A.1. https://www.epis.gov/epls/search.do?full—n, Packet Page - 627 - :status= current&getreport =t... 8/22/2012 10/9/2012 Item 16.A.1. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner") hereby contracts with Better Roads, Inc. ( "Contractor") of 1910 Seward Avenue, Naples Florida 34109, a Florida corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements, Bid No. 12 -5937 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Wilson Miller, 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: Four hundred seventy three thousand three hundred twelve dollars and ninety six cents ($473,312.96). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority Packet Page -628- 28 10/9/2012 Item 16.A.1. 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 the 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 one hundred and twenty (120) 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, six hundred and thirty four dollars ($634.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion 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 Packet Page -629- 29 10/9/2012 Item 16.A.1. 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. 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. Packet Page -630- 30 10/9/2012 Item 16.A.1. Section 6. Exhibits Incorporated. AW The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Wilson Miller and identified as follows: Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements as shown on Plan Sheets 1 through 69. Exhibit N: Contractor's List of Key Personnel ITB #12 -5937 Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements 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: Julio F. Ordonez, P.E. Transportation Engineering 2885 S. Horseshoe Drive Naples, Florida 34104 (239) 252 -8260 (239) 252 -5868 (fax) 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: Joseph Bonness, President Better Roads, Inc. 1910 Seward Avenue Naples, Florida 34109 (239) 597 -2181 (239) 597 -1597 Packet Page -631- 31 10/9/2012 Item 16.A.1. C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. - Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered 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. Packet Page -632- 32 10/9/2012 Item 16.A.1. 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. Packet Page -633- 33 10/9/2012 Item 16.A.1. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNESS Type /Print Name SECOND WITNESS Type/Print Name Date: ATTEST: Dwight E. Brock, Clerk BY: Approved As To Form and Legal Sufficiency: By: CONTRACTOR: Better Roads, Inc. Type/Pdnt Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Fred W. Coyle, Chairman Print Name: Deputy County Attorney Packet Page -634- 34 10/9/2012 Item 16.A.1. EXHIBIT A 1: PUBLIC PAYMENT BOND 0, � Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements KNOW ALL MEN BY THESE PRESENTS: That Bond No. Contract No. 12 -5937 , as Principal, and , as Surety; located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under- signed representative, pursuant to authority of its governing body. id 35 Packet Page -635- Signed, sealed and delivered in the presence of: Witnesses as to Principal PRINCIPAL BY: NAME: ITS: 10/9/2012 Item 16.A.1. 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 7 Ukvila (Legibly Printed) Notary Public, State of Commission No.: _ SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) 36 Packet Page -636- MW Witnesses 10/9/2012 Item 16.A.1. As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 by , as of Surety, on behalf of Surety.. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Packet Page -637- 37 10/9/2012 Item 16.A.1. EXHIBIT A 2: PUBLIC PERFORMANCE BOND Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements Bond No. Contract No. 12 -5937 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. Packet Page -638- 38 10/9/2012 Item 16.A.1. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL LIM NAME: ITS: The foregoing instrument was acknowledged before me this , 20 , by as personally known to My Commission Expires: (AFFIX OFFICIAL SEAL) of _ corporation, on behalf of the corporation. me OR has produced _ as identification and did (did not) take an oath. (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Packet Page -639- day of ,a He /she is 39 w ATTEST: Witnesses as to Surety Witnesses STATE OF COUNTY OF 10/9/2012 Item 16.A.1. SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20 by , as of , 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.: Packet Page -640- 40 10/9/2012 Item 16.A.1. 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. 41 Packet Page -641- 10/9/2012 Item 16.A.1. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,, whichever is longer. The Vendor and /or its insurance* carrier shall provide thirty (30) days written notice to the County of policy cancellation or non- renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages, required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverage(s) 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 coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. ( e, Packet Page -642- 42 10/9/2012 Item 16.A.1. Collier County Florida Insurance and Bonding Requirements Statutory Limits of � 1. ®Workers ry Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 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 Actcoverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence . 43' Packet Page -643 - ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence . 43' Packet Page -643 - 10/9/2012 Item 16.A.1. 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 Packet Page -644- Date Telephone Number as 10/9/2012 Item 16.A.1. 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 , 20 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's (monthly /final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by ,as of ,a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: Packet Page -645- 45 id 10/9/2012 Item 16.A.1. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru(insert date] $ Retainage @ _% after (insert date] $ _ Percent Work completed to Date: % Percent Contract Time completed to Date % Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : , (DP's Name) (Signature) DATE: _ (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Packet Page -646- W 10/9/2012 Item 16.A.1. id W y a a ~ W = E U LLJ3 i o c >• IW o dIE o O U y C f6 W O C °' i uj x G ZiZ J U. � N U m m a " W ZI�- WIW N o J tul� E U c oo W W U 0GJIO W p I o i 0o to O -w c °W ice' la i c oiz o c _ fq i H < N E U �, � o m a c D Zo wo ms � � M a> Q a o a H �Q Z a o� o U. O Oo �- m W O < W °� y J V U Z 3 °' U p o I EI N CD w z CM c a� .(D r C I I � iii c m W O t i j pJ _ =1; y N 7 M O N ,C N d O N CO C C I f6 m O c� E c H C w I U a E c J � 0 cc U) I- c any C • C O I m OL t O O y N Q. O E m - �4c F tL „ W m m co y t w a ~ Z Packet Page -647- w 3 id w 0 U 00 Q io E 0 LL a Lo d N N r.. a as L 0 CD C .0 O U_ D s x w Packet Page -648- 10/9/2012 Item 16.A.1. Co w 0 wow m— R �a c m a a o m •2 o;ga >' a N CL — a o � •c M 'm n. CD >' a .� o m > w a� a � � L d `0 E c Z d% CLL C 0 CL V N d O �a 0 Packet Page -648- 10/9/2012 Item 16.A.1. Co w TO: Project Name: Bid No. : Change Order No.: Change Order Description 10/9/2012 Item 16.A.1. EXHIBIT E: CHANGE ORDER w FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................ ............................... $ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be 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: Contractor Approved by: Department Director Approved by: Date: Date: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center. Object Code: Project Number: ) 49 Packet Page -649- 10/9/2012 Item 16.A.1. EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. 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: so Packet Page -650- 10/9/2012 Item 16.A.1. RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor.is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 120 OWNER By: Type Name and Title 51 Packet Page -651- 10/9/2012 Item 16.A.1. EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) Packet Page -652- 52 10/9/2012 Item 16.A.1. EXHIBIT H: GENERAL TERMS AND CONDITIONS Aak 1. INTENT OF CONTRACT DOCUMENTS. �` 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface Packet Page -653- 53 10/9/2012 Item 16.A.1. conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project: Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress 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 Packet Page -654- 54 10/9/2012 Item 16.A.1. method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No lane closures from 6:00 a.m. To 9 a.m. and from 3:00 p.m. to 7:00 p.m. Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 - Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds.. 4.3 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 Packet Page -655- 55 interests and encumbrances, together with evidence that the are covered by appropriate property insurance and other Owner's interest therein, all of which shall be subject to Thereafter, with each Application for Payment, Contractor submit to Owner as part of its Application for Payment, the attached hereto and made a part hereof as Exhibit D. 10/9/2012 Item 16.A.1. materials and equipment arrangements to protect the Owner's satisfaction. also shall complete and Stored Materials Record 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate_ its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. Packet Page -656- 56 10/9/2012 Item 16.A.1. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.10 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. ` S. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 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 Packet Page -657- 57 10/9/2012 Item 16.A.1. 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 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 Packet Page -658- 58 10/9/2012 Item 16.A.1. Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make. application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 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 Packet Page -659- 59 10/9/2012 Item 16.A.1. week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub- Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive 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. Packet Page -660- 60 10/9/2012 Item 16.A.1. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 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 Packet Page -661- 61- 10/9/2012 Item 16.A.1. a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or 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 Packet Page -662- 62 10/9/2012 Item 16.A.1. effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall 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 Packet Page -663- 63 10/9/2012 Item 16.A.1. endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain Packet Page -664- 64 10/9/2012 Item 16.A.1. terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible. for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 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: h": / /www.dhs.ffov/E- Verify. It shall be the Packet Page -665- 65 10/9/2012 Item 16.A.1. vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et 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. Packet Page -666- 66 10/9/2012 Item 16.A.1. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to. begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer -404, 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. Packet Page -667- 67 10/9/2012 Item 16.A.1. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- 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 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 Packet Page -668- 68 10/9/2012 Item 16.A.1. 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 recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying Packet Page -669- 69 10/9/2012 Item 16.A.1. materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in' accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 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 Packet Page -670- 70 10/9/2012 Item 16.A.1. expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for. Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 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 AMOK 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 Packet Page -671- 71 10/9/2012 Item 16.A.1. shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 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 Packet Page -672 - 72 10/9/2012 Item 16.A.1. except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such ' loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required Packet Page -673- 73 10/9/2012 Item 16.A.1. because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have. had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all 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. Packet Page -674- 74 10/9/2012 Item 16.A.1. All electrical installations shall be labeled with appropriate NFPA 70E arch flash AO%t boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be . Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall 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; Packet Page -675- 75 10/9/2012 Item 16.A.1. 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre - construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Packet Page -676- 76 10/9/2012 Item 16.A.1. Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Ark 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 severabiiity, 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 Packet Page -677- 77 10/9/2012 Item 16.A.1. for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self- performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are 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 Packet Page -678- 78 10/9/2012 Item 16.A.1. (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change. in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub- subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the ....... .. . time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES, 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 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. Packet Page -679- 79 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 10/9/2012 Item 16.A.1. Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As- Built" Marked. Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMTS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, 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 Packet Page -680 - 80 10/9/2012 Item 16.A.1. state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND /UNDERGROUND TANKS. An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the 'County prior to installation or closure of the tank. The Pollution Control Department (239 -252- 2502), via contract GC -690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. 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 Packet Page -681- 81 10/9/2012 Item 16.A.1. would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Packet Page -682- 82 10/9/2012 Item 16.A.1. EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ 83 Packet Page -683- 10/9/2012 Item 16.A.1. EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ Packet Page -684- 10/9/2012 Item 16.A.1. EXHIBIT K: PERMITS Supporting documents found at: http: / /bid.colliergov.net/bid/ 85 Packet Page -685- I 1w id 10/9/2012 Item 16.A.1. EXHIBIT L: STANDARD DETAILS Supporting documents found at: http: / /bid.colliergov.net/bid/ Packet Page -686- 86 10/9/2012 Item 16.A.1. EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http: / /bid.coiliergov.nettbid/ 87 Packet Page -687- 10/9/2012 Item 16.A.1. EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Packet Page -688- Personnel Category Construction Superintendent Project Manager s$