Backup Documents 04/14/2009 Item #10B
108
MEMORANDUM
Date: May 5, 2009
To: Brenda Brilhart, Purchasing Agent
Purchasing Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Contract #09-5199: "Palm River Estates Unit No.5
North/South Stormwater Improvements"
Contractor: Stahlman-England Irrigation, Inc.
Attached please find the original contract, as referenced above, (Agenda
Item #10B) approved by the Board of County Commissioners on Tuesday,
April 14, 2009.
The Minutes & Records Department has also retained an original copy which
will be kept as part of the Board's permanent record.
If you should have any questions, please contact me at 252-8411.
Thank you
108 .,
Palm River Estates Unit No 5 North/South Stormwater Improvements
COLLIER COUNTY BID NO. 09-5199
COLLIER COUNTY, FLORIDA
Design Professional:
Q. Grady Minor & Associates, Inc.
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
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TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Q. Grady Minor
and identified as follows: Palm River Estates Unit No 5
North/South Stormwater Improvements
as shown on Plan Sheets 1 through 11.
EXHIBIT N: Contractor's List of Key Personnel
PUBLIC NOTICE lOB
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Palm River Estates Unit No 5 North/South Stormwater Improvements
COUNTY BID NO. 09-5199
Separate sealed bids for the construction of Palm River Estates Unit No 5
North/South Stormwater Improvements, addressed to Mr. Steve Carnell, Purchasing
Director, will be received at the Collier County Government Complex, 3301 Tamiami
Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until
2:30 P.M. LOCAL TIME, on the 2nd day of April 2009, 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, Purchasing Building "G" at 1 0:00 a.m. LOCAL TIME on the 12th
day of March 2009, 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, Palm River Estates Unit No 5 North/South Stormwater
Improvements, Bid No. 09-5199 and Bid Oate of April 2, 2009. No bid shall be
considered unless it is made on an unaltered~Hid form which is included in the Bidding
Documents. The Bid Schedule (GQ-P~1 t~rql;lgh GC-P-14) shall be removed from the
Bidding Documents prior to submittEd. ,.i ".1
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E-Procurement website: www.collierqov.neUbid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance'd6rtipany having its place of business in the
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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 I tbefilses , 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 seventy-five
(75) 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 2nd day of March 2009.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell, C.P.M.
Purchasing and General Services Director
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PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and ,the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-14 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 Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
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location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period .noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. RiQht 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. SiQninQ 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
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and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
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8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. 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
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called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
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 The Collier County Board of County Commissioners has adopted a Local
Preference "Right to Match" policy to enhance the opportunities of local businesses to
receive awards of Collier County contracts.
A "local business" is defined as a business that has a valid occupational license issued
by either Collier or Lee County for a minimum of one (1) year prior to a Collier County
bid or proposal submission that authorizes the business to provide the commodities or
services to be purchased, and a physical business address located within the limits of
Collier or Lee Counties from which the vendor operates or performs business. Post
Office Boxes are not verifiable and shall not be used for the purpose of establishing said
physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of either
Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and
increase to either Collier or Lee County's tax base, and residency of employees and
principals of the business within Collier or Lee County. Vendors shall affirm in writing
their compliance with the foregoing at the time of submitting their bid or proposal to be
eligible for consideration as a "local business" under this section.
When a qualified and responsive, non-local business submits the lowest price bid, and
the bid submitted by one or more qualified and responsive local businesses is within ten
percent (10%) of the price submitted by the non-local business, then the local business
with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity
to submit, an offer to match the price(s) offered by the overall lowest, qualified and
responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder
and the lowest local bidder are in fact qualified and responsive bidders. Next, the
Purchasing Department shall determine if the lowest local bidder meets the
requirements of Section 287.087 F.S.
If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing
Department shall invite the lowest local bidder to submit a matching offer to the
Purchasing Department which shall be submitted within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid
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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 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.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and 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 the offices of the Purchasing Director.
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.
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
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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 Bidders
shall identify the subcontractor(s) it intends to us~ for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
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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. 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."
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~ COLLIER COUNTY GOVERNMENT lOB
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252-8446
FAX (239) 252-6697
www.colliergov.net/purchasing
ADDENDUM
DATE: March 24, 2009
TO: Interested Bidders '
FRO~ Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum # 3, Bid #09-5199 - Palm River Estates Unit No 5
North/South Stormwater Improvements
Addendum #3 covers the following change for the above-referenced solicitation:
The only change made by this addendum is the added fields (e.g., bid bond,
license, etc.) for up-loading bid documents in the on-line bidding system.
If you require additional information please call me at 239/252-8446 or bye-mail at
Brenda Bril hart@collierqov.net.
cc: Val Prince, Project Manager
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COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252-8446
FAX (239) 252-6697
www.colliergov.net/purchasing
ADDENDUM
DATE: March 17, 2009
TO: Interested Bidders
FROM: @:>Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum # 2, Bid #09-5199 - Palm River Estates Unit No 5
North/South Stormwater Improvements
Addendum #2 covers the following change for the above-referenced solicitation:
The revised bid schedule line items have been added to the on-line bidding system.
Please submit your unit prices and bid documents electronically.
If you require additional information please call me at 239/252-8446 or bye-mail at
BrendaBrilhart@collierqov.net.
cc: Val Prince, Project Manager
~ COLLIER COUNTY GOVERNMENT lOB
PURCHASING DEPARTMENT 3301 T AMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252-8446
FAX (239) 252-6697
www.colliergov.net/purchasing
ADDENDUM
DATE: March 16,2009
TO: Interested Bidders
FROM(j!::> Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum # 1, Bid #09-5199 - Palm River Estates Unit No 5
North/South Stormwater Improvements
Addendum #1 covers the following change for the above-referenced solicitation:
1. Clarification, Exhibit J - Technic.al Specifications
Paragraph 8. - Revise ASTM A957-97 to ASTM A975-97
Also, welded steel wire gabions meeting the requirements of ASTM A974-97 shall
be allowed. Gabions shall be made of pregalvanized welded steel wire with a
nominal size of 3" x 3" wire mesh. The gabions shall have a nominal galvanized
diameter of 0.106" with a nominal PVC coating thickness of 0.0216" per side. PVC
coated internal stiffness and lacing wire shall be used. (Optional overlapping
stainless steel fasteners may be used in lieu of lacing wire.) Rock material shall be
same as for wire mesh gabions. All installation of gabions and filling shall be in
accordance with manufacturers written instructions. Shop drawings and installation
instructions shall be provided for review and approval.
2. Clarification, Plans, Sheet 9 and 10, Cocoplum Shrubs
Cocoplum shrubs shall be a minimum seven (7) gallon size. Plants may be watered
using canal water if it is a suitable source for the plants. Botanical name of
cocoplum shall be Chrysalobalanus Icaco, 'Red Tip'.
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3. Clarification, Sod
.' " ,
Sodding shall be incidental to the project and shall be included in the appropriate bid
items. This includes the "Channel Realignment/Construction", "Stabilized Access
Way" and other items as appropriate. No separate payment shall be made for sod.
4. Discussion Items - Pre-Bid Conference
Public Relations - Bidders were reminded that construction will be occurring in an
existing developed area. The County will take the lead in Public Relations in
notifying residences of construction. Contractor's workers should exercise care in
dealing with residents, shall utilize contractor provided portable toilet facilities, and
refrain from using offensive language, etc. County Project Manager should be
immediately contacted if a situation arises with a resident.
5. Contractor access will generally be limited to north and south ends. Gate at north
end of project from Eastwood should be secured daily. Storage of materials shall be
limited to Drainage Easement areas. Other arrangement for site access and
storage shall be coordinated with Contractor and individual property owners. All
disturbed areas shall be restored.
6. Revised Bid Schedule has been issued with this addendum, and must be submitted
with bid to be considered for award.
7. In response to a Bidders Question, there is no estimate of exotic removal for the
Project. It should be included in the "Clearing and Grubbing" bid item.
If you require additional information please call me at 239/252-8446 or bye-mail at
BrendaBrilhart@collierqov.net.
cc: Val Prince, Project Manager
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CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Palm River Estates Unit No 5 NorthlSouth Stormwater Improvements
BID NO, 09~5199
FuJI Name of Bidder Stahlman EnQland irri9-ation Inc.
Main Business Address 2063 Trade Center Way
Place of B~Jsiness Naples FI 34109
Telephone No. 239-514-1200 Fax No. 239-514-1191
State Contractor's License # CUC 1224476
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
lncluded in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation selVices
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:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your
bid pages.
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BID SCHEDULE
Palm River Estates Unit No 5 North/South Stormwater Improvements
Bid No. 09-5199
Bid Schedule Provided in Separate File
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MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and
materials outlined in this Bid specifications. Exceptions (when equals are acceptable)
may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not
approved by Er:tgineer/Project Manager, Bidder shall fumish the manufacturer named in
the specification. Acceptance of this form does not constitute acceptance of material
proposed on this list.
Complete and sign sectio,:! 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: Stahlman England Irrioation Inc
Signature: ~~ Date: 4/1/09
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
~."_."'~'_ ,._... ....,_..._...._nw~..u'~...,~._'A'_ ._~,,_..__,_.,_~.......___ ___.v __w.~__.,_,
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Please insert additional pages as necessary.
Company: Stahlman Enoland lrrioation Inc.
Signature: ,~~ Date: 4/1/09 -
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LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the
major categories outlined in the requirements of the Bid specifications.
The undersigned acknowledges its responsibifity for ensuring that the Subcontractors
for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and
Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and
necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to
disqualify any Bidder who includes non-compliant or non-:qualified Subcontractors in its
bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any
Subcontractor, at no additional cost to Owner, which is found to be non-compliant with
this requirement either before or after the issuance of the Award of Contract by Owner.
(Attach additional sheets as needed). Further. the undersigned acknowledges and
agrees that promptly after the Award of Contract, and in accordance with the
requirements of the Contract Documents, the Successful Bidder shall identify all
Subcontractors it intends to use on the Project. The undersigned further agrees that all
Subcontractors sUbsequently identified for any portion of work on this Project must be
qualified as noted above.
Major Category of Work Subcontractor and Address
1. Sod ece Sod
1760 Randall Blvd Naples
2. Survey Layout Q Grady minor
3800 Via Del Rav Bonita Springs
3.
4.
5.
U.__'_
Company: Stahlman EnQland IrrlQation Inc.
Signature: d~~_ Dale: 411/09
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108
STATEMENT OF eXPERIENce OF BIDDER.
The Bidder is required tq 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. Willow West Storm Water Improvements Val Prince
Naples 239 253 2325
Palm River Unit 4 ----_.__._---~.._~~,--_. Val Prince
Naples 239 253 2325 -
2.
Bald Eagle Storm Drain Improvements Tim Pinter
3. City of Marco 239 389-5018----.
.. Cape Coral charter Schoo(Portables--- -Stephanie smiih--.-'-------------
4. City of Cape Coral 239242-3218
.-Marco" Island Tift Station #1 Relocation Jim Miller ...--...-..---..,--
5. City of Marco "2-39 389-5026
Leonard Bus Facility Jerry Thoman------
Lehigh Acres 239 913~7283 -
6.
----.......---~--- .-
------.-----.-- ----
Dated 4/1/09 Michael DeHay
Bidder
BY: ~~~
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TRENCH SAFETY ACT
Bidder acknowledges that includeq 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) (LF.SYI
Sloping LF 16 $1.00 $16.00
1.
-- ----.- --"'-----""'"
2.
----......--. -----.--- .--.
3.
4. -
--.-,
5.
...............-_..._.,,-------.~~._~- ___..A..~.A__.___
TOTAL $ 16.00
Failure to complete the above may result in the Bid being declared non.responsive.
Dated 4/1 /09 Michael DeHay
Bidder
BY; ~b-
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108
Co~r County
~
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
ITB #: 09-5199 (Check Appropriate Boxes Below)
STATE OF FLORIDA
ri AND
COLLIER COUNTY 0 LEE COUNTY
BIDDER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE
PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AND THE REGUU\TIONS THERETO.
AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLlCY;
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 contr~butes 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.
Please provide the following information for the Proposer/Bidder/Quoter:
Year Business Established in ~ollier County or 0 Lee County: {Ciao -
Number of Employees (Including Owner(s) or Corporate Officers): 45
Number of Employees Living in 0 Collier County or li Lee (Including Owner(s) or
Corporate Officers): 30
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If requested by the County, bidder will be required to provide documentation
substantiating the information given in this affidavit. Failure to do so will result in
bidder's submission being deemed not applicable.
Michael DeHav
Bidderl Name
~
Signature
Vice President
Title
STATE OF FLORIDA
~ COLLIER COUNTY o LEE COUNTY
Sworn to ~nd Subscribed B~ Me, a Notary Public. for the above State and County,
on' 51 Day of It- 120M-.
~~;.:~~~~ BRIGE11EA.NIX
*M << MYCOUMISSKlH,O[)8S9988
"'" '~<t EXPIRES: March 13,2013
My Commission Expires: ~,~ OF ,,#' BlllIded TW Budgelllay Senices
(AFFIX OFFICIAL SEAL)
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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 ;n 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 deriver 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 dwner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager. in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within sixty (60) consecutive
calendar days, computed by exclUding the commencement date and including the fast
day of such period, and to be fully completed to the point of final acceptance by the
Owner within fifteen (15) consecutive calendar days after Substantial Completion,
computed by excluding commencement date and including the last day of such period.
B.especttully Submitted:
State of Florida
County of Collier
Michael DeHav , 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.
Michael DeHav , 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.
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(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 Stahlman England Irrigation
Inc. , and the full names of its officers are as follows:
President William Delgado
Secretary Mark Stahlman
Treasurer Herb Enoland
Manager Michael DeHav
The is authorized to sign construction bids
and contracts for the company by action of its' Board of Directors taken
. a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
._._.....~~_.._--- --- -_._--~_.._...._---
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The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is ,
and if operating under a trade name, said trade name is
DATED
legal entity
BY;
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witness.. "-. 11 C (1 ~ n J./' Name of Bidder M. ichael DeHav
~~ I{~ ~~
w/2ess. Signature
[}J;qm JU~Jt; Vice President
o Title
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before me this 1fc;;,ay of .t: It .
2009, by mfcJ.JIt1:;L t>o11tPt' ,as I ~,. fll.{fj o,,{/
of ~N. (wbLP:1VD JllIZi6.Mlb,l,) IAlL ,a corporation, on
behalf of the corporation. . He/she is J!.erson~"y knnwn to me or has produced
as identification
and did (~~t) take an oath.
My Commission Expires:
,)0-' '''. llIUGE11E A. NIX
"'0....... to WYCQW.\lSSIONID0869988 NAME:
*~ ~ EXP1RES:t.larctl13,2013
..~., 1!oIldedlllu BlMlgelHoOlY ~
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(AFFIX OFFICIAL SEAL) Notary Public. State of pu,c,otf
Commission No.PD 85:""jCj"!6
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BID BOND v
KNOW ALL MEN BY THESE PRESENTS, that we
Stahlman.England Irrigation, Inc. (herein after called the Principal) and,
North American Specialty Insurance Company ,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of New Hampshire with its principal offices in the city of Manchester
and authorized to do business in the State of FLORIDA are held and
firmly bound unto the Collier County Board of County Commissioners
(hereinafter called the Owner), in the full and just sum of
.... Five Percent of the Amount Bid .-.. dollars ($ 5% )
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 Prinapaf and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
Palm River Estates Unit No.5 NorthfSouth Stormwater Improvements
Bid No. 09.5199
NOW, THEREFORE, if the Owner s~all 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 tenns of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with. good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $5% of Amount Bid noted abov~ a~ liquidated damages, and not as a
penalty, as provided In the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect
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IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 2nd day of April ,2009.
Stahlman-England Irrigation, Inc. Principal
BY WJllV;~( (Seal)
Surety
(Seal)
North American Specialty Insurance Company
Inquiries: (407) 834-0022
GC-P-13 1'l'b>
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NASS{JRETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW Al.L l"IEl" BY '1lIESE PRESt,NTS. THAT North "m~riclln Sp~eiult) Illsuram;,,, C\llTlpml~. a corporation dul)' organized ,tnd cxislIng undcr
laws or the State of New Hampshire, and having its principal omce in the City of Manchester. New Hampshire. and Washington Intcmalional
Insurance Company. a corporation organizcd and existing undcr the I:IW~ oflhc State of New Ilampshirc and having iL~ principal ollie.: in the City of
!tasca. Illinois, each docs hereby make. constitute and appoint:
1.W. GUTGNARD, BRYCE R. G~!!(jNARD, M. GARY FRANCIS, PAUL 1. CIAMBRIELLO.
Al'RIL L. LIVELY. JENNIfER McCARTA. BRETT RAGLAND and MARGIE MORRIS
.I01NTl.Y OR SEVERALLY
Its true and lawful Attorney(sHn-FacL to make. cxccute, seal and deliver, for and on ils hehalfand as its act and deed. honds lIr other writitlgs
obligatory in [he nature ofa bond on b<:htlll' of .:;ach of said Companies, as SUMy. on clllltracts ofsurctyship a.~ are or may be required or permitted by
law, regulation. contract or otherwise. provided that no bond or undenaking or contractor suretyship executed utlder Ihis authority shall cxc~-ed thc
[,mount of: TW ENTY -~!~_~~}.~=~I.<?~ .($25,OOO.OOO.~g>,,~?L !:~~~__.__..... ...
." "M ... ....._._...._...__.~____..H_..~._ . .....". .----
This Power of Mtonl<:Y is granted and is signed by I'ac~imile under and by' the authority of the following Rcsoluliotls adopted by the Boards of
Directors of both North American Specially Insurance ('()mpany and Washington Inlcrnmionallnsumnce Company almectings duly called and hdd
<>II the 241h of March. 2000:
"RESOL VED. that any two of the Presidents: ,my Munug.ing Director. any Senior Vice Presidetll. any Vice President. any Assistant Vicc President.
the Secretary or llny Assistam Secretary be. and each or un)' or them hercby is authorized to execute a Power nl' ,'\llorncy qualifying Ihe attorney named
in the given Power (If Attorney 10 cxeCUle on behalf of the COll1pl.1ny honds. undertakings and all contracts of surety. and that each or any ofthcrn
hereby is mllhorizcd to attest to the execution of any such Pow..:r or Attorney and tOllltach thcreinlhc seal ofth..: Compnny; atld it is
FURTHER RES(H.VEI). that the signatum o1'such onicers and the scnl orthe Company may he aflixed t(l,lIlY such POWer of A Ltorney or to Utly
certificate relating thereto by facsimile. and i'lll)' ~u"h Power of A lto rn e)' or certificate bearing sllch lacsimile signatures or facsimilc scal shall be
hinding UpOtl the Company wh.::n so anixed and in the futul'C with regard 10 nny hondo underlaking or contract of surety Lo which it is attached."
::$',\~\"\~~'~~I!IIJ,I,;, ;JJ C~-) ~~I.~lt,
~~~~.~.....,;.~ ~ /J?~\o.~~!.t'';~
~~,,'k,Ov.P~~,~\ By ____.~_.__ ",..L..,_, ' ~'<("SC"FOIl.f:::.,\
~lf{ S~l '\~~ Sl~n'n J\ i\ndcrmn. r-rC.dU~nt ,~ ("nJd t~lt:cuh\'t' Ortit1l'r.M \\'ao;hltttlnn h,un;;i"~~;~~i'h;;;;;n'Cc C(lmp\fI1~' "::/ S::AL 01'\
"""f>.. ,9.3 "'0'" & S"uj(lr \"ice I-redt.1tm! or '\or-th Aflunican $l)cdalty ffl$u'..uct C(nf1v.lln~' :~f i~ ~
~~'~" $/o~ \~~~IJ
~~~/"!f.~~~t.'~~ <<2' /'
:;I,;~~ON ~ "'~~~~'" ,-,,4'~<'::-~~.~.___ \~~;~~~
~7Ilflltl!tl"\\\\\\ l) . I...t I B)' '--:--;-- \.. P 'd ~ f W h' I . t I '
;11"11 . . .~}'m.UI. :-Ilf'llllJr II.''' I'f'$l. f'n1 p ;u Ul~IUll tUtrU~IIWnl) )J$lIn'UlC~ C(Jlul~aay
.'it. \'i.r~ ,Pl'"ts;fj,,~~l llfNqrdl ,'\Inr-nl;.m S.pl:ti::lIlyllliltU.lJ('!: ('Ol111Ilm,
IN WrrNI,SS WHEREOr. North Americatl Specialty InslIrdm:e Company and Washington InleTll:ltional Insurance Company huye caused their
orncial seals to be hereunto amxed. und thc.~c presents to bc signed by thcir authorized o/lieers this ~~~~_dilY of _,_~epte':l:'_h:,:......._...,_.. 20.Q.t.
North American Specialty Insurance Company
Wnshington Internlltionallnsuranee Company
SUIte or Illinois
County of Du Page ~s:
On this 20th day of Septcm~er _.. 20.().L be/clre me. II NOlary Puhlic personally appeared _~vell P. Anderson . President and CEO of
Washingtonlntcrnationallnsurancc Company and Scnior Vice President of North American Specialty Insurance Company atld David M. Layman.
Senior Vie.:: President of Washinglon lnt~mationallnsurance Com puny ,lOd Vice Prcsident ofNorlh American Specialty Insurance Company.
personally known 1\1 me, who being: by me duly sworn. DcknowIedged that they signcd the above Power ofAtlorncy liS olliccrs of and
acknowledged said instrument 10 be the voluntary act and dced ol'thcir resncctive comnanies.
-Ql'FK!!\.l SEAr.;' ',L .f'! ,t 1
I ')' -t r '. ...
DONNA D. SKlENS t ,j)..r?1(.l "L) _ .~tt!.'^''J
Nol.ey Public, Slate of Illinois Oonna O. Sklens. Notary Puhlic
My Cumllli",iOll Expire, i0/06(201l
I. Jame~ A. Carpenter . the duly electcd Assistant SCCrclilry ofNonh American Specil1/ty Insurance Compatl)' and Washingttlr!
lntcmat;onallnsurance Clllllpmjy. do hereby certify that the above lUld foregoing is a true and correct copy of a Power of Attomey given by ,aid North
American Specialty ItlsurJnce Company nnu Washington Jllternationullnsurance Company. .....hich is still in full forcc and ctTect.
IN WITNESS WHEREOF. I have set my hand alld affixed the scals of the Companicsthis.?!l.<l day of April ,2009 .
~W~~~.;;,.
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Jama:\ ('NltCllt<...'7. Vice: ('te-<..ltl:::T.t &: .\nl)tmtl S('(H::t:.ry OfWIUhi:ig.t1l4 !r:tClllJti>'ll:J! In~unll>C!: ('cn~r"l'lY &. .
NUl'll. l\r.U:ti\;~ 5llC;iAhy IML,r.a:;t.<<:; C~lf'O'l')'
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THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and ~ with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed,
3. The price extensions and totals have been checked.
4. Any required drawings, descriptive literature, etc. have been included.
5. Any delivery information required is included.
6. Local Vendor Preference Affidavit completed.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers cheyk has been included.
8. Any addenda have been signed and included,
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
10. The mailing envelope must be sealed and marked with:
~Bid Number;
~Project Name;
(::)Opening Date.
11. The Bid will be mailed or delivered in time to be received no later than the
specified openinQ date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
Michael DeHay
Bidder Name
$~~--' Vice President
Signature & Title
DATE: 4/1/09
GC-P-14
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..
ACORD~ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/VYYY)
4/24/2009
PRODUCER (727)391-9791 FAX: (727) 393-5623 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Stahl & Associates Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
110 Carillon Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
St. Petersburg FL 33716 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Westfield Insurance ;.\qllv
Stahlman-England Irrigation, Inc. INSURER B: FFVA Mutual Insurance Co 11"-'>")<"
2063 Trade Center Way INSURER c:
INSURER D:
Naples FL 34109 INSURER E:
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,
Ar., REr.ATE L1MIT~ ~H()WN MAY HAVE BEEN REDllr.ED BY PAID r.LAIM~,
I~~: ~~~~ TYPE OF INSURANCE POLICY NUMBER Pg..t+i~~~~6g;WF Pgk!flr~'U:lft~N LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
~"'''''' G"'AA' ""'u~ ~~~~~~J9E~~~6~nce) $ 150,000
A -t- CLAIMS MADE W OCCUR CMM4237656 2/1/2009 2/1/2010 MED EXP IAnv one Derson) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
-I
-. GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS. COMP/OP AGG $ 2,000,000
-I POLICY !Xl ~~8T n LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $ 1,000,000
~ ANY AUTO (Ea accident)
A ALL OWNED AUTOS CMM4237656 2/1/2009 2/1/2010 BODILY INJURY
- (Per person) $
- SCHEDULED AUTOS
~ HIRED AUTOS BODILY INJURY
$
X NON.OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
-,
! ANY AUTO OTHER THAN EA ACC $
- AUTO ONLY:
AGG $
EXCESs/UMBRELLA LIABILITY EACH OCCIIRREN~E $ 5,000,000
- D CLAIMS MADE
~ OCCUR AGGREGATE $ 5,000,000
- $
A Ix1 DEDUCTIBLE CMM4237656 2/1/2009 2/1/2010 $
X RETENTION $ 0 $
B WORKERS COMPENSATION AND X I we STATU., 1 OTH.
EMPLOYERS' LIABILITY TORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ 500,000
OFFICER/MEMBER EXCLUDED? WC84000195702009A 1/1/2009 1/1/2010 EL DISEASE. EA EMPLOYEE $ 500,000
If yes, describe under
SPECIAL PROVISIONS below EL DISEASE. POLICY LIMIT $ 500,000
A OTHER RENTED/LEASED CMM4237656 2/1/2009 2/1/2010 ANY ONE ITEM $250,000
EQUIPMENT DEDUCTIBLE $1,000
DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Palm River Estates Unit N05/South Stormwater Improvements-Contract# 09-5199
Collier County is listed as additional insured with respect to general liability
Waiver of Subrogation applies to Workers Compensation
Coverage is primary and non-contributory
*10 days notice of cancellation for non-payment "
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Collier County Board of EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR T9 MAIL
County Commissioners ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT
Purchasing Department FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KI~D UPON THE
3301 E Tamiami Trail
Naples, FL 34112 INSURER,ITS AGENTS OR REPRESENTATIVES.
--
AUTHORIZED REPRESENTATIVE ~~ ~
Kelly Petzold/WATERS r"~I~
ACORD 25 (2001/08) @ ACORD CORPORATION 1988
I~~n?" trlH\Q\ ('IQ.." P,::u,,,,, 1 r,f?
1
H
.
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
INS025 (0108),08a Page 2 012
108
. STATE OF FLORIDA
'.,-J"..' ~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
~~ CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395
" . 1940 NORTH MONROE STREET
"!'tJh"'~~ TALLAHASSEE FL 32399-0783
DEHAY, MICHAEL JOSEPH
STAHLMAN-ENGLAND IRRIGATION INC
3715 ACORN STREET
NORTH PORT FL 34286
Congratulations! With this license you become one of the nearly one million e STATE OF FLORIDA ACt 38 263 31
, ~. DEPARTMENT OF BUSINESS AND
Floridians licensed by the Department of Business and Professional Regulation. "',.;'...'; PROFESSIONAL REGULATION
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong. CUCU24476 06/23/08 078170615
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.myfloridalicense.com. CERT UNDERGROUND & EXCAV CNTR
There you can find more information about our divisions and the regulations that DEHAY, MICHAEL JOSEPH
impact you, subscribe to department newsletters and learn more about the STAHLMAN-ENGLAND IRRIGATION INC
Department's initiatives.
Our mission at the Department is: license Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers. IS CERTIFIED undor the provioiono of ch.489 FS
Thank you for doing business in Florida, and congratulations on your new license! ""pir~ti.... ".te, AUG 31, 2010 LOB062300740
DETACH HERE
r----------.------..------..--.' ------------------'--.~-.--'--..--l \
AC# 3 8 26 3 31 STATE OF FLORIDA I :
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L08062300740
I LICENSE NBR j
I I
I 06/23/2008 078170615 CUC1224476 !
I The UNDERGROUND UTILITY & EXCAV~TION'CO
I
Named below IS CERTIFIED
I Under the provisions of Chapter.~89 FS.
I Expiration date: AUG 31, 2010 .' . ".' .
I DEHAY, MICHAEL JOSEPH
I
I STAHLMAN-ENGLAND IRRIGATION INC.
I 2063 TRADE CENTER WAY
I NAPLES FL 34109 .....-...
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I CHARLI
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Qualifier Certification Information
CDPR2307 - Qualifier Certification Information
Collier County Board of County Commissioners Printed on 9/23/200 5:02:35PM
CD-Plus for Windows
CERT NBR: 32426 QUALIFIER. NBR: 30876 MICHAEL J. DERAY
CLASS CODE: 4450 UNDERGROUND UTILITY & EXCAVATI
STATE NBR: cue 1224476 COt.JNTY CaMP CARD:
STATE EXP LIAB EXP WC EXP ORIG Issn RENEWAL EXPIRES
8/31/2010 2/1/2009 1/1/2009 2/21/2008 8/31/2010
DBA: STAHLMAN-ENGLAND IRRIGATION IN we EXEMPT: N OL EXEMPT: N
ADDRESS: 2063 TRADE CENTER WAY EXEMPT EXP DATE:
CITY: NAPLES FL 34109-
PHONE: (239) 514-1200 FAX: (239) 514-1191
NOTE: It is the qualifier's responsibility to keep all business, licensing and requirements
current and to provide up to date copies for Collier County files. This includes all insurance
certificates and any change of address information.
Collier countYc~r~i~re~f Marco/ State
Contractor Licensing
UNDERGROUND UTILITY & EXCAVATION
Cert Nbr,J2426 Exp,e/Jl/2010 Status,ACTIVE
State Nbr :CUC 1224476 Exp:8/31/2010 ;
STAHLMAN - ENGLAND IRRIGATION INC. \
r1I;UrK:t,4 fH!!II'._ I
2063 TRADE CENTER WAY
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COLLIER COUNTY BUSINESS TAX BUSiNESS TAXNUMBE~:' ,O'i'25~8
COLLIER COUN1YTAX COLLECTOR. 2600 N. HORSESHOE DRIVE. NAPLES FLORIDA 34104 - (239) 25:2-2417
VISTT OUR INEBSITE AT: www.colliertax.com
THIS RECEIPT EXPIRES SEPTEMBER 30, 2009
DISPLAY AT PLACE OF BUSINESS'FOR PUBUC INSPECTION
LOCATION: 2063TRADE CENTER WAY FAILURE TO 00 SO IS C,ONTRARY TO.LOCAL LAWS.
~ONED: INDUSTRIAL U::~J:RM'-''',,,,,, , . THIS TAX IS NON~REFUNDABlE .
BUSINESS PHONE: 239~514'1200/...~ ' .tlcC 0/)''''.....
/" ~. >fl""~'...... .+,"" ,
/'O'V ",i' ~..... ~ ':;;:-S~AHLMAN ENGLAND IRRIGATION. tNC ,
I
CfTYUC: 32426 "... ,.;- _.,~ \. ~\
tCj ," f"".,. ~~. . ...........7" '\' !'lAy, MICHAEL ;
l '>7 ,'\...., ."\ . '
r .if ': ..,j " t. 2063 fRADE CENTER WAY
:1 :.; ilJP""? r ~
t \ ~:. '~,,,.~~... . I ,I NAP~ts FL 34109
f. .' - ":,,,;, '1",;.......'..., , f
'\. ,'" < ,,;:. j.; #.,-'-- .'," ,
NUMaEROFf,:MPLOYEES; 1010 EMPLOYEES ' \ ' "', 'I - ;'J"...; ,~ {.l: I DATE 11121~OO8
ClAS~IFICATION:UNDERGROUND UTilITIES \./-. '" " '/ AMOUNT 20.7Q
C~SI~ICATI~~N C~~E:. 02102801 . '-"'~ ' '.....,,,_ .,_,M A;",,9>'" RECEIPT, 641~.4~
Th.,,,,,,,,,,,,l"'b",~"'" om,. ""'. "~",._" ""~ i;..C.' ~ e ~ .
II does n~t pel1Tlit t~e.li~nsee to violate arty existing Tef!ulatory zoning,;' ~ ~ ..o~e$ .. , , ' , '
nor does II exempt the licensee from any other taxes or pennils that may be r~~ ll'W,
I
I
I
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~~............~.~....-.""-,,,",...,,~_~.o>.~~4~~A<,.)<.-..:.>r~1ol;~ , .,
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CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Stahlman-England Irrigation, Inc. ("Contractor") of
2063 Trade Center Way, Naples Florida 34109 a Florida corporation, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with Palm
River Estates Unit No 5 North/South Stormwater Improvements, Bid No. 09-5199
("Project"), as said Work is set forth in the Plans and Specifications prepared by Q.
Grady Minor & Associates, 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.
A. 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 ~he 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: Three hundred forty eight thousand, two
hundred sixty nine dollars and eleven cents. ($348,269.11)
GC-CA-15
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Section 4. Bonds.
A Contractor shall provide Performance and Payment Bonds, In the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at www.fms.treas.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.
A If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liquidated Damages.
A Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within sixty (60) 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
fifteen (15) 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
GC-CA-16
lOB
~
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, two hundred and fifty
six dollars ($256.00) for each calendar day thereafter until Substantial Completion is
achieved. Further, in the event Substantial Completion is reached, but the Contractor
fails to reach Final Completion within the required time period, Owner shall also be
entitled to assess and Contractor shall be liable for all actual damages incurred by
Owner as a result of Contractor failing to timely achieve Final Completion, The Project
shall be deemed to be substantially completed on the date the Project Manager (or at
his/her direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any
right which it may have to seek to characterize the above noted liquidated damages as
a penalty, which the parties agree represents a fair and reasonable estimate of the
Owner's actual damages at the time of contracting if Contractor fails to Substantially or
Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination. of Number of Days of Default.
For all' contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
GC-CA-17
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the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A: 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 Q. Grady Minor
and identified as follows: Palm River Estates Unit No 5
North/South Stormwater Improvements
as shown on Plan Sheets 1 through 11.
Exhibit N: Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Val Prince, Project Manager
Stormwater Management
2885 S. Horseshoe Drive, Naples Florida 34104
(239) 252-5879
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:
GC-CA-18
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Mr. Michael DeHay
Stahlman - England Irrigation, Inc
2063 Trade Center Way
Naples Florida 34109
239-514-1200
Fax: 239-514-1191
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 1. 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 2. Successors and AssiQns.
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 3. GoverninQ Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 4. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
GC-CA-19
108 :1
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 5. Entire AQreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 6. Severabilitv.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 7. ChanQe 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 8. 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 9. 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, jf 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
GC-CA-20
CONTRACTOR: lOB
Stahlman-England Irrigation, Inc
By: WttI f'i4~
~tJ. Q AAJh Wu.. r:~U'M>D / ~,~ Cd/, ~
Type/Print Name and Title
{i Type/Pj1 N.ame
'/ ~ "li{p
SEOOND WITNESS
PZf~rTrE }JIX
Type/Print Name
Date: )./.. -+ 0'1 OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
" C BY: (l~L ~k4~
' - .:.. .."tUt~s :, ~ CM '"- ,
';:'(',' i 1tn.~ 0.' " Don a Fiala, Chairman
Ii, ,.." .1
Approv~ As,TIrForm
and Legal Sufficiency:
Print Name: ~tf- Qj~
l\s&ietlSN=K Cou Attorney
~~~\y
Item # /06
Agenda ~d1
Date
GC-CA-21
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GUIGNARD COMPANY SURETY BONDS
April 20, 2009
The Board of County Commissioners of Collier County, Florida
3301 East Tamiami Trail
Naples, FL 34112
Re: Authority to Date Bonds and Powers of Attorney
Principal: Stahlman-England Irrigation, Inc.
Bond No.: 2092554
Project: Contract No. 09-5199, Palm River Estates Unit No 5
North/South Stormwater Improvements located at
Eastwood Ave., Naples, FL
Dear Sir or Madam:
Please be advised that as Surety on the above referenced bond, executed on
your behalf for this project, we hereby authorize you to date the bonds and
the powers of attorney concurrent with the date of the contract agreement.
Once dated, please send a copy of the dated bonds to our office.
Best regards,
North American Specialty Insurance Company
G!ifer cCarta
Attorney In Fact and Florida .Licensed Resident Agent
1904 BOOTHE CIRCLE · LONGWOOD, FL 32750
PH (407) 834-0022 / (888) 220-3780 · FAX (407) 260-1767 / (888) 220-3228 · www.guignardcompany.com
Executed in 3 Counterparts lOB
EXHIBIT A
PUBLIC PAYMENT BOND
Palm River Estates Unit No.5 North/South Stormwater Improvements
Bond No. 2092554
Contract No. 09-5199
KNOW ALL MEN BY THESE PRESENTS: That Stahlman-England Irrigation, Inc.
2063 Trade Center Way, Naples, FL 34109, (239) 514-1200 , as Principal,
and North American Specialty Insurance Company , as
Surety, located at 650 Elm Street, Manchester, NH 03101-2524, (603) 644-6600
(Business Address) are held and firmly bound to The Board of County Commissioners of Collier County. Florida
as Obligee in the sum of Three Hundred Fortv Eiaht Thousand Two Hundred Sixty-Nine And 11/100ths
($ 348,269.11 ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
7OREAS, Principal has entered into a contract dated as of the !1J4 day of
L 2009, with Obligee for Palm River Estates Unit No.5 North/South Stormwater Improvements
n Lb~ Fe 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 th is Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITJPSS WHEREOF, the above parties have executed this instrument this 2/sr
day of {lfL 2009, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
Owner's Address: Project Location:
3301 E. Tamiami Trail Located at Eastwood Ave.
Naples, FL 34112 Collier County, Naples, Florida
(239) 252-8446
GC-CA-A-1
108
Signed, sealed and delivered
in the presence of:
PRINCIPAL
Stahlman-England Irrigation, Inc.
BY JVdI ~ f.
NAME: /;JILL l)a..4A{)b
ITS: f (2.1::'~ I ()IC/\Jf
STATE OF Florida
COUNTY OF ~~W idL
The foregoing instrument was acknowledged before me this 2/9 day of ;fpK-(L--
2 o..D!i , by tJ (L-L Da4oo{) ,as Pe.~ De'1Jr of
Stahlman-England Irrigation, Inc. ,a Florida corporation, on behalf of the
corporation. He/she is personally known to me OR has produced as
identification Snd did (<li<[rJQ!) take an Oaih. 0u' '.. / . '.
My Commission Expires: 3-(,-/,::> · ~ 4. ~
(Sign re of Notary)
~tIoV ~u~ BAIGETTE A. NIX NAME: &(~atC A-, )J eX
~ MY COMMISSION t DO 868988
* ... EXPIRES: March 13,2013 (Legibly Printed)
"\ r. ~" ,\<:P-f'~ Bonded Thru Budget NoIIry 8eMceI
(AFFIX OFFICIAL SEAL) Notary Public, State of FLDP--I D.4-
Commission No,: J) D (Y511 f) 5
ATTEST: SURETY:
North American Specialty Insurance Company
(Printed Name)
650 Elm Street
Manchester, NH 03101-2524
(Business Address)
(Auth ure)
urety (Printed Name)
GC-CA-A-2
- 108
--\) OR
( l'-CD~~:j Sr\0_1
l~M 1m Jennifer McCarta
(Printed Name)
Wltnes es
Inquiries: (407) 834-0022
650 Elm Street
Manchester, NH 03101-2524
(Business Address)
(603) 644-6600
(Telephone Number)
STATE OF Florida
COUNTY OF Seminole
The foregoing instrument was acknowledged before me this 20th day of
April , 2009, by Jennifer McCarta , as
Attornev in Fact of North American S ecial Insurance Com an
Surety, on behalf of Surety. He he is personally known to me OR has produced
Personallv Known as identification and who did (did not)
take an oath.
My Commission Expires: August 30, 2012 ~~a ~~
( ignature)
Name: Kathleen A. Clawson
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: Florida
Commission No.: DO 801159
~~' Notary Public State of Florida
. . Kathleen A Clawson
\; . i My Commission 00801159
on\c Expires 08/30/2012
GC-CA-A-3
Executed in 3 Counterparts lOB
EXHIBIT A
PUBLIC PERFORMANCE BOND
Palm River Estates Unit No.5 North/South Stormwater Improvements
Bond No. 2092554
Contract No. 09-5199
KNOW ALL MEN BY THESE PRESENTS: That Stahlman-England Irrigation, Inc., 2063 Trade Center
Way, Naples, FL 34109, (239) 514-1200, as Principal, and North American Specialty Insurance
Company I as Surety, located at
650 Elm Street, Manchester, NH 03101-2524, (603) 644-6600
(Business Address) are held and firmly bound to
The Board of County Commissioners of Collier County. Florida, as Obligee in the sum of
Three Hundred Forty Eight Thousand Two Hundred Sixty-Nine And 11/1 OOths
($ 348.269.11 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WhlEREAS, Principal has entered into a contract dated as of the 1L/-14 day of
:;J(!-IL ,2009, with Obligee for
P 1m River Estates Unit No.5 North/South Stormwater Improvements
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.
Owner's Address: Project Location:
3301 E. Tamiami Trail Located at Eastwood Ave.
Naples, FL 34112 Collier County, Naples, Florida
(239) 252-8446 GC-CA-A-4
- 108
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 WITliESS WHEREOF, the above parties have executed this instrument this thr
day of , flZ.-l L , 2009, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL
Stahlman-Engla!:ld Irrigation, Inc.
BY: J;Vt/L1 ~.-e
NAME: /JjLL De26MJb
ITS: pR-LCStDoJr
STATE OF Florida
COUNTY OF (1)~LI e1l
instrument [Jas acknowledged before me this tier day of
, 2009, by iLL [X;L 4/tfJlS , as
of Stahlman-England Irrigation, Inc. , a
Florida corporation, on behalf of the corporation, Heishe is
personally known to me OR has produced
.- ----as identification and did (did not) take
My Commission Expires: 3~/3'-/3
~o"'~;:.:~8(0 BRlGETTEA. NIX
~ MYCOU~tD0869988
* ...
~~~"-"I'&O~ =:~c~'=s
(AFFIX OFFICIAL SEAL) Notary Public, State of: f?if:- (I;)II-
Commission No.: Dr') 13 13 e
GC-CA-A-5
lOB
ATTEST: SURETY:
North American Specialty Insurance Company
(Printed Name)
650 Elm Street
Manchester, NH 03101-2524
(Business Address)
~ -
(A'ltl:1orizeJ Signature)
Witnesses as to Surety (Printed Name)
OR
,,,---X c-
C~ '="''fro ~O0 '--
ttorney act & Florida Licensed
(Attach Power of Attorney) Resident Agent
Jennifer McCarta
(Printed Name)
Inquiries (407) 834-0022 650 Elm Street
Manchester, NH 03101-2524
(Business Address)
(603) 644-6600
(Telephone Number)
STATE OF Florida
COUNTY OF Seminole
The foregoing instrument was acknowledged before me this 20th day of
April ,2009, by Jennifer McCarta , as Attornev in Fact
of North American SDecialtv Insurance ComDanv ,a New HamDshire Surety, on
behalf of Surety. H~ is personally known to me OR has produced
Personallv Known as identification and who dkl (did not) take an oath.
My Commission Expires: August 30, 2012 ~o. .) CL ~" .,r-'
( ignature)
Name: Kathleen A. Clawson
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: Florida
Commission No.: DO 801159
"if; -~ """ Slate of ,...... GC-CA-A-6
. . K.thltei!ll'l A ClawSOtl
\; fI My CClmml~lSion D0801159
" ~llpi.... 08130/2012
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY 108 I:
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Itasca, Illinois, each does hereby make, constitute and appoint:
J.W. GUIGNARD, BRYCE R. GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBRIELLO,
APRIL L. LIVELY, JENNIFER McCARTA and MARGIE MORRIS
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 241h of March, 2000:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
~",\IIU""II1IJI. ~. ~"Anlll'"lt-"i.
~"I/o~ G\~ry I. J4'~
~"4~""'pOii.(:%P~ ~~~~~~l/;~
l~....'(p~ ~"~'% By "'~"c.oll.po.<i1J:"~
~ ,. SEAL ~5g Steven P. Anderson, President & Chief Executive Officer or Washington International Insurance Company ~/ SEAL ~"\
:;:~. 'm:; ~, rI
;; "\, 1913 "'in ~ & Senior Vice President of North American Specialty Insurance Company 1-' ,
~:\'" ~~"'O!it <.2' 'g
~ ....ft"M~.....~ ~ ~~~~ \~~.~
~+.(4I""""'~ ~ ~4i""'*""#
~ ON./I ~\~
~111I1"1i11ll11~'\~ By
David M. Layman, Senior Vice Presiden( of Wa.shington International Insurance Company
& Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 27th day of March , 20~.
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page ss:
On this 27t~ day of March , 20~ before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman,
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed oftheir resnective comnanies. (\
"OFFICIAL SEAT.:' N07V1VJ {J ~
DONNA D. SKLENS
Notary Public, State of IIIinoia Donna D. Sklens, Notary Public
My Commission Expires 10106/2011
I, James A. Caroenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this _ day of ,20_.
~';f}y6~-
James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company &
North American Specialty Insurance Company
- 108
ACORD", CERTIFICA TE OF LIABILITY INSURANCE DATE (MM/DD/VYYY)
4/24/2009
PRODUCER (727) 391-9791 FAX: (727)393-5623 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Stahl & Associates Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
110 Carillon Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
St. Petersburg FL 33716 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Westfield Insurance
Stahlman-England Irrigation, Inc. INSURER B: FFVA Mutual Insurance Co
2063 Trade Center Way INSURER c:
INSURER D:
Naples FL 34109 INSURER E:
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,
AC:;' REr.ATE LIMITS sHnWN MAY HAVE BEEN REDLJr.ED BY PAID CLAIMS.
I~;: I~~~~ TYPE OF INSURANCE POLICY NUMBER P~k+i~~~~gg~~ Pgk!fll~~lft~N LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
f-- ~~~~~H?E~~~6~~nce\
X COMMERCIAL GENERAL LIABILITY $ 150,000
A U CLAIMS MADE ~ OCCUR CMM4237656 2/1/2009 2/1/2010 MED EXP IAnv one oerson\ $ 10,000
f--
PERSONAL & ADV INJURY $ 1,000,000
f--
f-- GENERAL AGGREGATE $ 2,000,000
n'L AGGRErilE LIMIT AFlES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY X j~8T LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
f-- $
~ ANY AUTO (Ea accident)
A ALL OWNED AUTOS CMM4237656 2/1/2009 2/1/2010 BODILY INJURY
f-- (Per person) $
f--- SCHEDULED AUTOS
~ HIRED AUTOS BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
f---
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCr:IJRRENCE $ 5,000,000
~ OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000
$
A ~ DEDUCTIBLE CMM4237656 2/1/2009 2/1/2010 $
X RETENTION' 0 $
B WORKERS COMPENSATION AND X I we STATU- I OTH-
EMPLOYERS' LIABILITY T'ORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E,L, EACH ACCIDENT $ 500,000
OFFICER/MEMBER EXCLUDED? WCB4000195702009A 1/1/2009 1/1/2010 EL, DISEASE - EA EMPLOYEE $ 500,000
If yes. describe under 500,000
SPECIAL PROVISIONS below E,L, DISEASE - POLICY LIMIT $
A OTHER RENTED/LEASED CMM4237656 2/1/2009 2/1/2010 ANY ONE ITEM $250,000
EQUIPMENT DEDUCTIBLE $1,000
DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Palm River Estates Unit N05/South Stormwater Improvements-Contract# 09-5199
Collier County is listed as additional insured with respect to general liability
Waiver of Subrogation applies to Workers Compensation
Coverage is primary and non-contributory
*10 days notice of cancellation for non-payment
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Collier County Board of EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
County Commissioners ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
Purchasing Department FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
3301 E Tamiami Trail
Naples, FL 34112 INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ~~
Kelly Petzold/WATERS ~ r=' ~-I~---------_
ACORD 25 (2001/08) @ ACORD CORPORATION 1988
1t.J~n?J;, 1n1nC\ no", P,;:ang 1 nf?
- 108
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon,
ACORD 25 (2001/08)
INS025 (0108),08a Page 2 of 2
. lOB
ACORD", CERTIFICA TE OF LIABILITY INSURANCE DATE (MM/DD/YVYY)
4/24/2009
PRODUCER (727)391-9791 FAX: (727)393-5623 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Stahl & Associates Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
110 Carillon Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
St. Petersburg FL 33716 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Westfield Insurance
Stahlman-England Irrigation, Inc. INSURER B: FFVA Mutual Insurance Co
2063 Trade Center Way INSURER C
INSURER D
Naples FL 34109 INSURER E:
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,
NO,; REr.ATE liMITe: e:W)WN MAY HAVE BEEN REDIICED BY PAID r.LAIM,C:,
INSR ADD'L TYPE OF INSURANCE POLICY NUMBER Pgk+~~~~~6g~\E Pg~fJ,~~~JtgN LIMITS
~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000
~ :::5MMERCIAL GENERAL LIABILITY ~~~~~~J9E~~~J~r?ence' $ 150,000
A - CLAIMS MADE ~ OCCUR CMM4237656 2/1/2009 2/1/2010 MED EXP (Anv one oerson' $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
~J'L AGG~@E LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
PRO- n
POLICY X JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
f-- (Ea accident) $
~ ANY AUTO
A ALL OWNED AUTOS CMM4237656 2/1/2009 2/1/2010 BODILY INJURY
f-- $
SCHEDULED AUTOS (Per person)
f--
~ HIRED AUTOS BODILY INJURY $
~ NON-OWNED AUTOS (Per accident)
f-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESs/UMBRELLA LIABILITY EArH OCC' RRENCE $ 5,000,000
~ OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000
$
A ~ DEDUCTIBLE, CMM4237656 2/1/2009 2/1/2010 $
X RETENTION ~ 0 $
B WORKERS COMPENSATION AND I we STATU-I OTH-
X TORY LIMIT" ER
EMPLOYERS' LIABILITY 500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? WC84000195702009A 1/1/2009 1/1/2010 EL DISEASE - EA EMPLOYE" $ 500,000
If yes. describe under 500,000
SPECIAL PROVISIONS below E,L, DISEASE - POLICY LIMIT $
A OTHER RENTED/LEASED CMM4237656 2/1/2009 2/1/2010 ANY ONE ITEM $250,000
EQUIPMENT DEDUCTIBLE $1,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Palm River Estates Unit N05/South Stormwater Improvements-Contract# 09-5199
Collier County is listed as additional insured with respect to general liability
Waiver of Subrogation applies to Workers Compensation
Coverage is primary and non-contributory
*10 days notice of cancellation for non-payment
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Collier County Board of EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
County Commissioners ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
Purchasing Department FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
3301 E Tamiami Trail
Naples, FL 34112 INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ~~ --<
Kelly Petzold/WATERS t7 ----:T-~--G.-------
ACORD 25 (2001/08) @ ACORD CORPORATION 1988
IN~n?J::: ")1(\Q\ (\Q" p~"'Cl1 ,.,f')
. lOB
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
INS025 (0108),08a Page 2 012
108
EXHIBIT B
INSURANCE REQUIREMENTS
(1 ) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor 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 Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
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coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
from any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11 ) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? [g] Yes D No
(1 ) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
GC-CA-B-2
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b. Employers' Liability
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work.
[J Applicable [S] Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
D Applicable [S] Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? [S] Yes D No
(1 ) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
X General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $2,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement.
GC-CA-B-3
108
D Applicable !ZINot Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement.
D Applicable !ZI Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1 ) The Owner may purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
GC-CA-B-4
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rights as they have to proceeds of such insurance held by the Owner as fiduGiary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? rg] Yes 0 No
(1 ) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
X Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1 ) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and
Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
. .
primary Insurance.
GC-CA-B-5
108
EXHIBIT C
RELEASE AN D AFFI DAVIT 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 , 2009 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 , 2009, by
, as of ,a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
GC-CA-C-1
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EXHIBIT 0
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No.
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project Name)
Original Contract Time: Original Contract Price: $
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru[insert date] $ and stored to Date $
Retainage @ _% after [insert date] $ = Less Retainage $
Less previous payment (s) $
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION: $
Liquidated Damages to be Accrued $ Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional: (DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
GC-CA-D-1
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108
EXHIBIT E
CHANGE ORDER
TO: FROM: Collier County Government
Project Name: Construction Agreement Dated:
Bid No.:
Change Order No.: Date:
Change Order Description
Original Agreement Amount........................................................... $
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ...........................................................$
Revised Agreement Amount........................................................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
Authorized by Date:
Director
(For use by Owner: Fund Cost Center: Object Code: Project
Number: )
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EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBST ANTrAL 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.
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on ,2009
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on ,2009
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on ,2009
OWNER
By:
Type Name and Title
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EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date: ,2009
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)
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EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for, When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
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those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
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3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through 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.
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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
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 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
respective Iy.
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 through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
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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.
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.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
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unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
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,
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materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
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
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Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAIL Y REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub-Contractor's
personnel;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
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
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and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay In the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
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extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. I n 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
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Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Admi n istrative 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.
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12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
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.
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13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et 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.
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
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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 con'sent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218,80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
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
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of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefore or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
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Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
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
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the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefore, If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1 ) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
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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
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
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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
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
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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
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to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor, All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
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
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written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustme,nt 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.
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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;
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
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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 EV ALUA TION
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 and/or Purchasing
Departments, and is available on-line at colliergov.neUpurchasing. The Contractor will
be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &
Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of
Traffic ("MOT") policy will be enforced under this Contract. All costs associated with
the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is
required, MOT is to be provided within ten (10) days of receipt of Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
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32,2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"), Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
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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 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,
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foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
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
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34. 1.11 Cost Proposal Request
34, 1 . 12 Payment Request Records
34.1.13 Meeting Minutes
34.1 . 14 Cost -Estimates
34. 1 . 1 5 Bulletin Quotations
34,1,16 Lab Test Reports
34. 1 . 17 Insurance Certificates and Bonds
34.1.18 Contract Changes
34.1.19 Permits
34.1.20 Material Purchase Delivery Logs
34.1.21 Technical Standards
34.1.22 Design Handbooks
34.1.23 "As-Built" Marked Prints
34.1.24 Operating & Maintenance Instruction
34.1.25 Daily Progress Reports
34.1.26 Monthly Progress Reports
34.1.27 Correspondence Files
34.1.28 Transmittal Records
34.1.29 I nspection Reports
34.1.30 Punch Lists
34.1.31 PMIS Schedule and Updates
34.1.32 Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing 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.
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36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development.
A "project" shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUNrnUNDERGROUNDTANKS
An underground 62-761, Florida Administrative Code (F.AC.) or aboveground 62-762,
F.AC. 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.AC. 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.
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EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
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.
I. BASIC STORMWATER MANAGEMENT DEPARTMENT SUPPLEMENTAL
TERMS & CONDITIONS
ACCESS OR STAGING TO PROJECT WORK AREA
Access to the work site may be limited or restricted. It will be the Contractor's
responsibility to inspect the work site prior to submission of the Bid to ensure there will
be no ingress and egress issues.
In addition, should access or an off site staging area be necessary other than indicated
on the plans, the Contractor must be granted and the fee owner must provide written
authorization. A copy of the authorization letter must be provided to the Project
Manager for the Project file. Any and all related costs to gain access to or for staging
purposes for the work site shall be included in the Bid.
AS-BUlL TS/RECORD DRAWINGS
The Project's Design Professional and his Florida Registered Professional Surveyor and
Mapper (P.S.M.) are responsible for the Project's As-Built/Record Drawings unless
otherwise specified within the Technical Plans and Specifications.
Prior to construction commencement, the Contractor shall meet with the Design
Professional and his P.S.M. to determine the Project's critical points to the final As-
Builts. The Contractor shall also coordinate with the Design Professional and his
P.S.M. to facilitate mea~urement at those critical Project points.
The Contractor's Final Payment shall be withheld pending the Design Professional and
his P.S.M. Certification of the contracted improvements is per design.
During the progress of the work the Contractor shall keep and maintain one (1)
"Approved for Construction" copy of all project plans, drawings, specifications, and any
addenda, written amendments, change orders, work directives orders, supplemental
agreements and other written interpretations and clarifications.
It is suggested that there be an "Approved for Construction Ghosted Plan Set" for the
Contractor's use. The Contractor shall also note to show updated construction
deviations annotated in red line as well as any approved design changes authorized by
the Design Professional. All deviations shall be initialed and dated by the Contractor.
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All survey information depicted on the As-Built Drawings shall be collected under the
direct supervision of the P.S.M. in accordance with Florida Statute Chapters 177 and
472 and Chapter 61 G-17 of the Florida Administrative Code.
ACCIDENTS OR THEFTS
The Contractor shall be responsible to contact the Project Manager to report any
accidents or thefts involving or occurring within the work site. Should they occur the
Contractor at no additional cost, should photograph the damage or loss and provide the
dated photograph to the Project Manager.
CONSTRUCTION PROGRESS PHOTOGRAPHS
It is the Contractor's responsibility to provide construction progress photographs that
help visualize the worksite conditions. Photographs shall be taken prior to construction
commencement, during and after all milestones and construction steps. These pictures
must be in digital format, date stamped, 3 Mega pixels minimum resolution, in color, and
submitted once a week on Wednesday via e-mail or recorded on a CD to the
Stormwater Management Department to the attention of the Project Manager.
CONTRACTOR'S EMPLOYEES
Employees of the Contractor or its Subcontractors shall be properly uniformed and
provide a neat appearance. All employees of the Contractor or Subcontractor shall be
considered to be at all times the sole employees of the Contractor under his sole
direction and not an employee or agent of Collier County.
The Contractor shall supply competent and physically capable employees. Collier
County will require the Contractor to remove an employee it deems careless,
incompetent, insubordinate, or otherwise objectionable, and whose continued work in
the Project's construction services is not in the best interest of the County.
CONTRACTOR'S MEETING ATTENDANCE
During the Contract the Contractor shall be required to hold weekly progress meetings
unless otherwise specified by the Project Manager. The Contractor is responsible to
record notes and type minutes of the progress meeting and also attend other special
meetings that the Project Manager should require.
GENERAL DEFINITIONS
. As-Built/Record Survey - A survey preformed to obtain horizontal or vertical
dimensional data so that constructed improvements may be located and
delineated.
. Construction Documentation - Noting/Recording of all deviations from the "For
Construction Drawings and Specifications. All deviations shall be initialed and
dated by the Contractor.
. Shall or Must - These terms, when used are defined as meaning mandatory.
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GENERAL SITE CONDITIONS CARE
Due care shall be taken of all existing landscaping. The Contractor may be required to
perform necessary site pruning on any existing plant's foliage which will interfere with
the equipment or work area to limit total removal and/or replacement of the landscape
material. The Contractor shall be responsible for replacement at the Contractor's costs
unless otherwise approved by the Project Manager.
DAIL Y LOGS
The Contractor shall complete and submit to the Project Manager on a weekly basis a
Daily Log documenting the Contractor's activities at the Project site such as:
1. Soil or weather conditions which adversely affect the work;
2. Daily job site hours of operation;
3. Number of Contractor's and Sub-Contractor's personnel present and working at
the project site;
4. Equipment on the project site;
5. Work description being preformed;
6. Materials received;
7. List of visitors;
8. Any problems that might impact either the cost or quality of the work or the time of
performance.
INVOICING
Upon execution of the Contract and completion of each month's work, the Contractor's
Payment Application request along with a Release and Affidavit should be submitted to
the Design Professional for review, date stamping, and approval. Upon their approval,
the request would be forwarded to the Project Manager for processing. All invoices
shall reference the Purchase Order Number and Project Name.
After review and approval by the Project Manager, the invoice and all back-up materials
will be transmitted to the Finance Department for payment. Payment will be made upon
receipt of a proper invoicing and in compliance with Section 218.70 Florida Statutes,
otherwise known as the "Florida Prompt Payment Act." Collier County reserves the
right to withhold and/or reduce an appropriate amount of any payments for work not
performed or for unsatisfactory performance of Contractual requirements.
LANDSCAPING, IRRIGATION SYSTEMS AND MAIL BOXES
Improved landscape areas containing landscaping, irrigation systems and mailboxes
shall be noted and maintained wherever possible. If removed or destroyed during the
accomplishment of the work, the Contractor shall replace or restore to the original
condition or better as part of Project completion, The cost of these items shall be
considered incidental to the Project unless discussed and addressed with the Project
Manager prior to Project commencement.
LANE OR STREET CLOSURE
A lane closure for construction shall be limited. Upon proper placement of lane closed
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signs, pre-warning signs, arrow boards, traffic cones etc., the lane maybe restricted
from traffic only during non-peak traffic periods 9:01 A.M. - 3:29 P.M., Monday through
Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by
the Project Manager.
Street closure shall be approved through the Project Manager. When approved the
Contractor must notify the respective Law Enforcement Agency, District Fire
Department, Emergency Medical Services, and the County Transportation Road Alert
Section prior to closure.
Lane and street closures shall be indicated on the DailylVVeekly Work Logs which are
provided to the Project Manager.
METHOD OF AWARD
The general criteriajhat will, Q~,l:Ised for "the evaluation of this Bid, is sefforth 'inJhe
~::~L~t~e~~.vta~.tIo~,~}~.:~t,~~Q!t~;i~~d~~~~~e~ill1~:~~i~i;J:~9~~
Co~lier (~olmty: Bb~r~iofC8iJnty,C?rri~;issi()nersshall. be the finaHjuctging authofityas to
whlchBld best SUitS ItS needs and the Interest of Collier County.
Bidder shall:
1. Provide copy of their Contractor's License to Collier County.
2. Provide copies of the Contractor's Insurance Certificate
3., Provide a listofall Subcontractors to be used on the Project site. Should the
Project wor~ in"oh/E3,::Jraffic signalsLar1~; or pedestriai'l crosS,ing s:igrtals a copy of the
ContrC:ict of thE3 Sigh~t9()inpai'lY h,ired:and the C~rtificatiorr6fJheLeveI1lI.M.S.A. Tech
or better who will bEraccessing the Signal Box must be included.
4. "Provide proof'of M,O.T. Certification and the name, IRS W-4 form of the Bidder
Contractor's employ,~e qGc1lifier or: a copy of the Contract/Agreement 'and' Certifications
of the Company who will be providing the M.OT. for the Project to be engaged by the
Bidder.
The documentation' noted' above must be submitted prior to the recommendation
of award is presented to the Board of County Commissioners.
MISCELLANEOUS RESPONSIBILITIES
1. The Contractor shall make every effort to protect existing facilities.
2. It shall be the Contractor's responsibility to notify in writing the Project Manager of
any construction problems or additional construction needs.
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3. Should additional costs be involved which are not covered within the Contract
Specifications, a Unit Cost shall be agreed upon, a Change Order to the Work Order
completed by the Contractor and Project Manager prior to performing additional
services.
4. The Contractor shall communicate frequently with the Project Manager and provide
a working schedule after the Notice To Proceed has been issued. The written
schedule is required to be kept current with the progress of the work. Should the
schedule be changed, it shall be immediately up-dated.
5. The Contractor shall provide all materials, labor, equipment, mobilization/
demobilization, any other necessary effort, element and/or component(s) needed to
complete the work in its entirety per plans and at the Total Bidded Pricing submitted.
PRECONSTRUCTION VIDEO
It shall be the Contractor's responsibility to provide a preconstruction video tape in DVD
format documenting the condition of the Project area prior to commencement of any
work. This video tape should capture pre-project conditions of all private property
adjacent to the proposed project area and public property in the r/w with the intent to
document all existing conditions for use in resolving any post-project private or public
property alleged damage claims, The video is to be submitted to the Project Manager
prior to construction commencement for the Project file at no additional costs.
PROJECT LAYOUT REQUIREMENTS
The Contractor shall be responsible to install the work in accordance with the
"Approved For Construction Plans and Specifications". Project layout is the
Contractor's responsibility. The Design Professional's Florida Registered Professional
Surveyor and Mapper (P.S.M.) shall establish survey control and the location of any/all
existing boundary monumentation to facilitate its replacement if damaged. The
Contractor shall make every effort to preserve stakesllaths, monuments, bench marks,
and other control points. A Florida Registered P.S.M. is responsible for the replacement
of any & all survey control or boundary corners damaged or destroyed during
construction at the Contractor's expense.
PROJECT SCHEDULE AND TIME PERIOD
The Contractor shall prepare and submit to the Project Manager the Project's schedule
prior to the "Notice to Proceed". The schedule of the work's progress shall be updated
monthly and provided to the Project Manager. Microsoft Project Format is
recommended.
The Project shall commence upon receipt of a "Notice to Proceed" letter from the
Project Manager and will remain in effect until Final Completion and submission of all
the Project closeout documents.
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Notification of Substantial Completion, Final Completion, and any Claims shall be done
in written letter format. Electronic transmission via E-mail is not an acceptable
notification form. Should the Contractor see that additional days will be required a
Change Order or a Change Order to the Work Order shall be approved.
RESPONSE TIMES
On a twenty-four (24) hour basis, the Contractor may be required to travel to the site
immediately to meet with the Project Manager, law enforcement or emergency
personnel to resolve an emergency. The Contractor shall respond to a telephone,
beeper, or radio call within one (1) hour. There shall be no additional charge for these
responses.
SANITARY FACILITIES
The Contractor shall provide and have serviced portable toilet(s) within the work site
area limits as approved by the Project Manager. Each toilet shall be located no further
apart within the work area than one-quarter (1/4) mile.
SITE MAINTENANCE
The work site areas shall be kept clean and neatly maintained during the progression of
the work. Any debris on the roadway shall be swept daily or as directed by the Project
Manager. The disposal of all debris and construction litter must be at a proper landfill
or disposal site. All disposal fees, tipping or charges are to be included in the Bid
Schedule Price.
Upon completion, the remainder of site's construction and leftover materials are to be
collected, hauled away, and disposed' of by the Contractor leaving the work site in a
restored order.
TRAFFIC CONTROL
Maintenance of Traffic is solely the responsibility of the Contractor and is to be placed
prior to construction. Should the Contractor not place and/or properly maintained the
Maintenance of Traffic (M.OT.) the Project Manager will require the Project work to
cease until the proper M.O.T. has been placed and/or maintained.
The Contractor shall comply with the requirements of Collier County's Maintenance of
Traffic (M.O.T.) Policy copies of which are available through the Risk Management or
Purchasing Department. The Contractor shall obtain and review the Collier County
M.OT. Policy Requirements prior to submitting a Bid/Quote.
The Contractor will be responsible for obtaining copies of all required manuals,
M.U.T.C.D., F.D.O.T. Roadway & Traffic Design Standards Indexes, or other related
documents, so to become familiar with their requirements. Strict adherence to the
requirements of the M.OT. Policy will be enforced under the Contract.
High-visibility clothing or vests with retro-reflectorized striping shall be worn at all times
by all employees working within Collier County Rights-of-Way (See exception below).
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This includes personnel that may visit the "work zone" temporarily, such as
management and/or vendors. AN.S.I.II.S.E.A 107-2004 or the most current edition,
Class 2 or Class 3 garments are required for daytime use.
A Class 3 garment is mandatory for use by flagging personnel during any hours of
darkness, including during inclement weather situations, where conditions may create
hours of darkness during normal daylight conditions.
Exception: When other industry apparel safety standards require workers to wear
apparel that is inconsistent with Federal, State or county requirements such as
N.F.P.A, a.S.H.A, AN.S.I., etc., the other standards may prevail. However, apparel
must still meet high visibility color requirements of fluorescent lime-green or fluorescent
orange only and must be maintained in good condition and replaced as necessary.
Ex. Utility workers exposed to high voltage electricity may choose not to wear vests or
clothing with retro-reflective striping as long as the color requirements listed above are
met.
Directional lighted and flashing arrow board may be required.
See attached "Maintenance of Traffic Procedure" dated 02-23-06 B. Contractor
Requirements (External)
UNIT PRICES
Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be
made for work performed in any task. The Contractors shall include cost of work to be
performed under the task in the pay items of which this work is a component.
UTILITY CONFLICTS
Utility locates shall be conducted prior to commencement of work. Soft digging, pot
holing and/or any commonly approved method at the Contractor's discretion may be
used to locate existing utilities.
The construction plans reflect the location of existing utilities from the most reliable
information available to the Design Professional. This information is not guaranteed,
therefore, the Contractor shall field verify the location of all utilities. The Contractor is
required to conduct all necessary research and field exploration(s) to properly identify,
locate and resolve any utility conflict(s) not shown in the construction plans.
In the event that utility conflict(s) arise, the Contractor will be principally responsible for
coordinating with the pertinent utility company/companies in order to resolve such
conflict(s).
Any and all costs associated with utility conflict(s) would be incidental and should be
included in the pricing provided in the Bid Schedule. The Project Manager may make
exceptions pending justifications by the Contractor.
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II. STORMWATER MANAGEMENT DEPARTMENT
PROJECT SPECIFIC CONDITIONS
There are certain items which are being brought to the Bidder's attention. They are:
. The Project's construction is required to take no more that seventy-five (75)
calendar days from the date of the "Notice to Proceed". The work must be
Substantially Complete sixty - (60) days from the "Notice to Proceed", leaving the
final fifteen - (15) days to address Punch-List Items.
. Photos of existing conditions are enclosed.
. All excess fill material is to be hauled and disposed of by the Contractor at no
additional Project costs.
. Replacing materials shown on the attached construction plan with an equivalent
material will require prior authorization in writing from the Design Professional
and the Project Manager.
. This Project is activated by a Notice to Proceed (NTP) letter from the Project
Manager.
. Required Construction Project Signage.
In order to keep the public informed regarding this Stormwater Management
project, upon issuance of a Notice to Proceed, the Contractor shall be required to
provide one (1) Construction Project Sign to be placed on within Ibis Way r/was
directed by the County on 4"x 4" white painted support posts which contain, at a
minimum, the following information:
On the left one quarter (1/4) side of the sign shall contain -
The latest Collier County Logo
Collier County Board of County Commissioners noted heading and below, their
Names with Districts
Donna Fiala - District 1
Frank Halas - District 2
Tom Henning - District 3
Fred Coyle - District 4
Jim Coletta - District 5
Specific Note: "Your Tax Dollars At Work"
Color: English Ivy Green Glossy Back Ground with White Letters
Border: Black Glossy
On the right three quarters (3/4) side of the sign -
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Name of Project: Palm River Estates Unit 5 North/South Stormwater
Improvements
Project Design Professional: Q. Grady Minor & Associates, P.A.
Project Contractor:
Project Management: Stormwater Management Section
Project Completion Date: 2009
Contact For Project Information: Val Prince, Project Manager (239) 252.8192
Color: White Back Ground with English Ivy Green Letters
Border: Black Glossy
The size of the sign shall be four feet (4') high by eight feet (8') wide unless
otherwise requested by the County. The sign shall be in conformance with the
Collier County Land Development Code and in a format approved by the County.
The standard construction sign format is available upon request from the County
Project Manager. The Project Manager shall be provided a proof of the sign
format for approval prior to sign construction.
Price and payment for the site's Project Signs will be full compensation for
furnishing and installation of all materials necessary to complete the Construction
Project Signs, including initially erecting or placing and final removal. This shall
include, but not be limited to: sign panels complete with sheeting, painting, and
message; sign posts and supports, footings, excavation, etc.; and all other work
specified in this Section, including all incidentals necessary for the complete item.
The County has used Lykins Signteck, 5935 Taylor Road, Naples, FL., 34109, for
other Project signage. The contact person was Sarah Nolte at 777-2001.
. Asbestos Cement (AC) Pipe may be present on the job site and will require
special attention and handling. Coordination by the Contractor or his
subcontractor approved to handle AC materials is required with the DEP for
proper removal, transport, and disposal of the asbestos cement pipe segment at
an approved hazardous waste disposal site.
PERMITS AND STORMWA TER POLLUTION PREVENTION PLAN
Permits
The following permit(s) for the Project have already been obtained by Collier County or
are the Contractors responsibility to obtain, as noted below. Copies of the all permits
obtained by Collier County are attached. It is the Contractor's responsibility to read and
understand all permit(s) and permit conditions.
. Notice of Intent to Use the Generic Permit for Stormwater Discharge from Large and
Small Construction Activities DEP Form 62 - 621.300(4)(b) - Collier County has
applied for and will obtain.
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. Collier County Permit to Perform Work and/or Maintenance in the Public Right-of-
Way - Contractor to obtain. The Collier County has received preliminary plan
approval.
. South Florida Water management District Environmental Resource Standard General
Permit No. 11-00638-S General Permit has been obtained by Collier County.
Permit(s) and/or Forms which may be applicable to a Stormwater proiect:
Any applicable permit(s), forms, and associated instructions listed in the section below
shall be the responsibility of the Contractor, unless otherwise specified in the section
above.
1. South Florida Water Manaqement District (S.F.W.M.D.) Permits
Water Use Dewatering - Should a dewatering permit be needed, it will be the
Contractor's responsibility to apply for and obtain a dewatering permit. The
County will only provide the required sets of construction plans along with the
corresponding application fee, if needed.
2. Collier County Riqht-of-Way Permit
It is the Contractor's responsibility to prepare and submit application forms, and
address any request for additional information from the Transportation Services
Division R/W Permitting as needed.
The Contractor is also responsible for preparing and submitting the Maintenance
of Traffic (M.OT.) Plan for review and approval by the Transportation Services
Division R/W Permitting Section. The County will only provide the required sets
of construction plans along with the corresponding application fee.
3. National Pollutant Discharqe Elimination System (N.P.D.E.S.) Construction
General Permit
N.P.D.E.S. Description
Unless otherwise noted, N.P.D.E.S. requirements applies and requires
documentation to be prepared and signed by the Contractor before conducting
construction operations/activities impacting more than one (1 ) acre, In
accordance with the terms and conditions of the National Pollutant Discharge
Elimination System (N.P.D.E.S.) Stormwater Permit, as required by Florida
Administrative Code (F.A.C.) Chapter 62 - 621.
The Contractor shall be for responsible for implementation, maintenance, and
inspection of stormwater pollution prevention control measures in accordance
with F.A.C. Chapter 62 - 621 including, but not limited to, erosion and sediment
control, stormwater management plans, waste collection and disposal, off-site
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vehicle tracking, and other practices shown on the Drawings and/or specified
elsewhere in this or other specifications. The stormwater pollution prevention
control measures shall include protection of offsite public and private storm
sewer facilities potentially impacted during construction. stormwater facilities
include streets, inlets, pipes, ditches, swales, canals, culverts, control structures,
and detention/retention areas.
The Contractor shall prepare and review implementation of the Stormwater
Pollution Prevention Plan (S.W.P.P.P.) in a meeting with the County prior to start
of construction.
Notice Of Intent (N.O.I.)
Unless otherwise noted, the Contractor shall fill out, sign, and date a Notice of
Intent to Use Generic Permit for Stormwater Discharge from Large and Small
Construction Activities, (F.D.E.P. Form 62 - 621.300(4)(b)). Submit the signed
copy of the N,O.1. to the County. The County will submit the completed form to
the F.D.E.P. along with the required permit fee and a copy of the form to Collier
County Engineering Services Department.
Certification Requirements
On the attached "Operator's Information Form", fill out the name, address, and
telephone number for the Contractor, persons or firms responsible for
maintenance and inspection of erosion and sediment control measures, including
all Subcontractors.
The Contractor and Subcontractors named in the Operator's Information form
shall read, sign and date the attached Contractor's/Subcontractor's Certification
form.
The persons or firms responsible for maintenance and inspection of erosion and
sediment control measures shall read, sign, and date the attached "Erosion
Control Contractor's Inspection and Maintenance Certification Form".
Submit both forms to the County Manager or designee before beginning
construction.
Retention Of Records
Retain a copy of the S.W.P.P.P. at the construction site and at the Contractor's
office from the date that it became effective to the date of project completion.
At project closeout, submit to the County all completed "S.W.P.P.P. Inspection
and Maintenance Reports" (example form attached). Records will be retained by
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the County Manager or designee for a period of three (3) years from the date of
project completion.
Required Notices
The following notices shall be posted from the date that the S.W.P.P.P. goes into
effect until the date of final site stabilization:
1. A copy of the submitted N.O.1. and a brief project description, as given in the
S.W.P.P.P., shall be posted at the construction site and at the Contractor's office
in a prominent place for public viewing.
2. Notice to drivers of equipment and vehicles, instructing them to stop, check
and clean tires of debris and mud before driving onto traffic lanes. Post such
notices at every stabilized construction exit area.
3. Post a notice of waste disposal procedures in an easily visible location on site.
4. Notice of hazardous material handling and emergency procedures shall be
posted with the N.O.1. on site. Keep copies of Material Safety Data Sheets at a
location on site that is known to all personnel.
5. Keep a copy of each signed certification at the construction site and at the
Contractor's office.
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OPERATOR'S INFORMATION
Owner's Name and Address: Collier County Stormwater Management
Department
2885 S. Horseshoe Drive
Naples, Florida 34104
239.252.8192
Contractors' Names and Addresses:
General Contractor:
Telephone:
Site Superintendent:
Telephone:
Erosion Control and
Maintenance Inspection:
Telephone:
Subcontractors' Names and Addresses:
Phone: Phone:
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CONTRACTOR'S I SUBCONTRACTOR'S CERTIFICATION
I certify under penalty of law that I understand the terms and conditions of Florida's
National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General
Permit that authorizes storm water discharges associated with activity from the
construction site identified as part of this certification, and that I have received a copy of
the S.W.P.P.P.
Signature:
Name: (printed or typed)
Title:
Company:
Address:
Signature:
Name: (printed or typed)
Title:
Company:
Address:
Signature:
Name: (printed or typed)
Title:
Company:
Address:
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108
EROSION CONTROL CONTRACTOR'S
INSPECTION AND MAINTENANCE CERTIFICATION
I certify under penalty of law that I understand the terms and conditions of Florida's
National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General
Permit that authorizes storm water discharges associated with activity from the
construction site identified as part of this certification, and that I have received a copy of
the S.W.P.P.P.
Signature:
Name: (printed or typed)
Title:
Company:
Add ress
Date:
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_ ---..-------...r _____..-.__ ___________'___/" _____ ----..-....-----.-..
NOTICE OF INTENT
TO USE GENERIC PERMIT FOR STORMWA TER DISCHARGE FROM LARGE AND
SMALL CONSTRUCTION ACTIVITIES
(RULE 62-621.300(4), F.A.C.)
This Notice of Intent (NOI) form is to be completed and submitted to the Department before use of the
Generic Permit for Stormwater Discharge From Large and Small Construction Activities provided in Rule
62-621.300(4), FAC. The type of project or activity that qualifies for use of the generic permit, the
conditions of the permit, and additional requirements to request coverage are specified in the generic
permit document [DEP Document 62-621.300(4)(a)]. The appropriate generic permit fee, as specified
in Rule 62-4.050(4)(d), F.A.C., shall be submitted with this NOI in order to obtain permit coverage.
Permit covera~e will not be ~ranted without submittal of the appropriate ~eneric permit fee. You
should familiarize yourself with the generic permit document and the attached instructions before
completing this NOI form. Please print or type information in the appropriate areas below.
I. IDENTIFICATION NUMBER: Project I D
II. APPLICANT INFORMATION:
A. Operator Name:
B. Address:
C. City: I D. State: I E. Zip Code:
G. Responsible Authority:
F. Operator Status:
H. Phone No.:
III. PROJECT/SITE LOCATION INFORMATION:
A. Project Name:
B. Project Address/Location:
C. City: I D. State: I E. Zip Code:
I G. Latitude: 0 , Longitude: 0 ,
F. County: " "
H. Is the site located on Indian lands? Yes No II. Water Management District:
J. Project Contact: I K. Phone No.:
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IV. PROJECT/SITE ACTIVITY INFORMATION:
Large Construction (Project will disturb five or more acres of land.)
Small Construction (Project will disturb one or more acres but less than five acres of
land.)
land disturbance from commencement through completion of construction:
Address in Part II above Address in Part III above Other address (specify below)
F. State: G. Zip Code:
Start Date: Completion Date:
V. DISCHARGE INFORMATION
A. MS4 Operator Name (if applicable):
B. Receiving Water Name:
VI. CERTIFICATION:
I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the
system or those persons directly responsible for gathering the information, the information submitted is, to
the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment for knowing
violations.
Signature: Date Signed:
-
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INSTRUCTIONS - DEP FORM 62-621.300(4)(b)
NOTICE OF INTENT (NOI) TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM
LARGE AND SMALL CONSTRUCTION ACTIVITIES
Who Must File an NOI:
Federal law at 40 CFR Part 122 prohibits the point source discharge of pollutants, including the discharge
of stormwater associated with large construction activities as defined at 40 CFR 122.26(b)(14)(x) or small
construction activities as defined at 40 CFR 122.26(b)(15), to waters of the United States without a
National Pollutant Discharge Elimination System (NPDES) permit. Under the State of Florida's authority
to administer the NPDES stormwater program at 403.0885, F.S., operators that have stormwater
discharge associated with large or small construction activities to surface waters of the State, including
through a Municipal Separate Storm Sewer System (MS4), must obtain coverage either under a generic
permit issued pursuant to Chapter 62-621, FAC., or an individual permit issued pursuant to Chapter 62-
620, FAC.
Where to File NOI:
NOls for coverage under this generic permit must be sent to the following address:
NPDES Stormwater Notices Center, MS #2510
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Permit Fee:
Permit fees for large and small construction activities to be covered under the generic permit are specified
in Rule 62-4.050(4) (d), FAC. The appropriate generic permit fee (either for large or small construction
activities) must be submitted along with the completed NOI in order to obtain coverage under the generic
permit. Generic permit coverage will not be granted without payment of the appropriate permit fee.
The permit fee shall be paid by either check or money order made payable to: "Florida Department of
Environmental Protection"
Part I - Identification Number
Enter the project's DEP identification number (generic permit coverage number) if known. If an ID number
has not yet been assigned to this project (i.e., if this is a new project), leave this item blank.
Part II - Applicant Information
Item A.: Provide the legal name of the person, firm, contractor, public organization, or other legal entity
that owns or operates the construction activity described in this NO!. The operator is the legal entity that
has authority to control those activities at the project necessary to ensure compliance with the terms and
conditions of the generic permit.
Items B. - E.: Provide the complete mailing address of the operator, including city, state, and zip code.
Item F.: Enter the appropriate one letter code from the list below to indicate the legal status of the
operator:
F = Federal; S = State; P = Private; M = Public (other than federal or state); 0 = Other
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Items G. - H.: Provide the name and telephone number (including area code) of the person authorized to
submit this NOI on behalf of the operator (e.g., Jane Smith, President of Smith Construction Company on
behalf of the operator, Smith Construction Company; John Doe, Public Works Director on behalf of the
operator, City of Townsville; etc.). This should be the same person as indicated in the certification in Part
VI.
Part 1\1 - Project/Site Location Information
Items A. - E.: Enter the official or legal name and complete street address, including city, state, and zip
code of the project. Do not provide a P.O. Box number as the street address. If it lacks a street address,
describe the project site location (e.g., intersection of State Road 1 and Smith Street).
Item F.: Enter the county in which the project is located.
Item G.: Enter the latitude and longitude, in degrees-minutes-seconds format, of the approximate
center of the project.
Item H.: Indicate whether the project is located on Indian lands.
Item I.: Enter the appropriate five or six letter code from the list below to indicate the Water Management
District the project is located within:
NWFWMD = Northwest Florida Water Management District
SRWMD = Suwannee River Water Management District
SFWMD = South Florida Water Management District
SWFWMD = Southwest Florida Water Management District
SJRWMD = St. John's River Water Management District
Items J. - K.: Give the name, title, and telephone number (including area code) of the project contact
person. The project contact is the person who is thoroughly familiar with the project, with the facts
reported in this NOI, and who can be contacted by the Department if necessary.
Part IV - Project/Site Activity Information:
Item A.: Check the appropriate box to indicate whether the project involves large construction activity or
small construction activity. Check one box only.
"Large Construction Activity" means construction activity that results in the disturbance of five (5) or more
acres of total land area. Large construction activity also includes the disturbance of less than five acres
of total land area that is part of a larger common plan of development or sale if the larger common plan
will ultimately disturb five acres or more.
"Small Construction Activity" means construction activity that results in the disturbance of equal to or
greater than one (1) acre and less than five (5) acres of total land area. Small construction activity also
includes the disturbance of less than one acre of total land area that is part of a larger common plan of
development or sale that will ultimately disturb equal to or greater than one acre and less than five acres.
Item B.: Provide the approximate total area of land disturbance in acres that the project will involve from
commencement of construction through completion.
Items C. - G..: Indicate the location where the Stormwater Pollution Prevention Plan (SWPPP) can be
viewed. Provide the address where the SWPPP can be viewed if other than as provided in Parts II or III
of the NOI. Note that to be eligible for coverage under the generic permit, the SWPPP must have
been prepared prior to filing this NO\.
Item H.: Enter the estimated construction start and completion dates in the MM/DDIYY format.
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Part V - Discharge Information
Item A: If stormwater from the project discharges to a municipal separate storm sewer system (MS4),
enter the name of the operator of the MS4 (e.g., City of Tallahassee MS4, Orange County MS4, FDOT
MS4, etc.). If stormwater from the project does not discharge to an MS4 but rather discharges to surface
waters of the State, leave this item blank or indicate "N/A" and skip to Item B of this part. Please note
that if the project discharges stormwater to an MS4, you must provide the MS4 operator with a
copy of the completed NO!.
Item B.: If the project discharges stormwater to surface waters of the State, and not to an MS4, enter the
name of the receiving water body to which the stormwater is discharged. Please provide the first named
water body to which the stormwater from the project is discharged (e.g., Cypress Creek, Tampa Bay,
unnamed ditch to St. Johns River, Tate's Hell Swamp, etc.).
Part VI - Certification
Type or print the name and official title of the person signing the certification. Please note that this should
be the same person as indicated in Item II.G. as the Responsible Authority. Sign and date the
certification.
Section 403.161, F.S., provides severe penalties for submitting false information on this application (NOI) or
any reports or records required by a permit. There are both civil and criminal penalties, in addition to the
revocation of permit coverage for submitting false information.
Rule 62-620.305, FAC., requires that the NOI and any reports required by the permit to be signed as
follows:
A. For a corporation, by a responsible corporate officer as described in Rule 62-620.305, FAC.;
B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or,
C. For a municipality, state, federal or other public facility, by a principal executive officer or elected
official.
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--^-~ --'---.. ~~-~----- '------------------ ---..
---------- ...............-----~ -~-~----------
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORMWATER
NOTICE OF TERMINATION
(RULE 62-621.300(6), F .A.C.)
This form is to be completed and submitted to the Department to terminate coverage under the Generic
Permit for Stormwater Discharge From Construction Activities that Disturb Five or More Acres of Land
and the Generic Permit for Stormwater Discharge from Large and Small Construction Activities provided
in Rule 62-621.300(4), FAC., and the Multi-Sector Generic Permit for Stormwater Discharge Associated
with Industrial Activity provided in Rule 62-621.300(5), FAC., as well as the conditional exclusion for "no
exposure" of industrial activities and materials to stormwater provided in Rule 62-620.100(2)(0), FAC.
All information provided on this form shall be typed or printed in ink.
I. TERMINATION INFORMATION:
A. Facility/Project Number:
B. Reason for Termination:
No longer operator of the facility/project.
Final stabilization criteria is met and all stormwater discharges associated with construction activity have ceased
(for construction activit onl ).
All stormwater discharges associated with industrial activity have ceased (for industrial activity only).
No longer meet the condition of "no exposure" (for industrial activity only).
II. OPERATOR INFORMATION:
A. Operator Name:
B. Address:
C. City: I D. State: E. Zip Code:
F. Responsible Authority: G. Responsible Authority's Phone No.:
H. Responsible Authority's Email Address: I. Responsible Authority's Fax No.:
III. FACILITY/PROJECT INFORMATION:
A. Name:
B. Address/Location:
C. City: I D. State: I E. Zip Code:
F. County:
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IV. CERTIFICATION:
I certify under penalty of law that all stormwater discharges associated with industrial or construction
activity from the identified facility or project that are authorized by the referenced State of Florida generic
permit have been eliminated; the facility no longer meets the conditional exclusion for "no exposure"
outlined in Rule 62-620.100(2)(0), FAC.; or that I am no longer the operator of the facility or project. I
understand that by submitting this Notice of Termination, I am no longer authorized to discharge
stormwater associated with industrial or construction activity under a generic permit, and that discharging
pollutants in stormwater associated with industrial or construction activity to surface waters of the State is
unlawful unless authorized by a permit issued pursuant to 403.0885, F.S. I also understand that the
submittal of this Notice of Termination does not release an operator from liability for any violations of this
permit or conditional exclusion for "no exposure" from NPDES stormwater permitting for industrial
activities.
Signature: Date Signed:
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INSTRUCTIONS - DEP FORM 62-621.300(6)
NPDES STORMWATER NOTICE OF TERMINATION (NOT)
Who May File a NOT:
Permittees who presently are covered under the Generic Permit for Stormwater Discharge From
Construction Activities that Disturb Five or More Acres of Land or Generic Permit for Stormwater
Discharge from Large and Small Construction Activities
provided in Rule 62-621.300(4), FAC., the Multi-Sector Generic Permit for Stormwater Discharge
Associated with Industrial Activity provided in Rule 62-621.300(5), FAC., or the conditional exclusion for
"no exposure" of industrial activities and materials to stormwater provided in Rule 62-620.100(2)(0),
FAC. may submit a Notice of Termination (NOT) when their facility or project no longer has any
stormwater discharges associated with industrial activity as defined in Rule 62-620.200(46) FAC.;
stormwater discharge associated with construction activity as defined in DEP Document 62-
621.300(4)(a); no longer meets the condition of "no exposure" defined in Rule 62-620.100(2)(0), FAC.;
or when they are no longer the operator of the facility or project.
For construction activities, elimination of all stormwater discharges associated with industrial activity
occurs when disturbed soils at the construction site have been finally stabilized and temporary erosion
and sediment control measures have been removed or will be removed at an appropriate time, and all
stormwater discharges associated with construction activity from the construction site that are authorized
under the generic permit have been eliminated. Final stabilization means that all soil-disturbing activities
at the site have been completed and that a uniform (e.g., evenly distributed, without large bare areas)
perennial vegetative cover with a density of at least 70% for all unpaved areas and areas not covered by
permanent structures has been established, or equivalent permanent stabilization measures (e.g.,
geotextiles) have been employed.
Where to File NOT:
One copy of the completed NOT shall be submitted to the following address:
NPDES Stormwater Notices Center, MS #2510
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
NOT Application Fee:
There is no application fee for submitting a NOT.
Additional Notification:
If stormwater associated with industrial or construction activity discharged to a Municipal Separate Storm
Sewer System (MS4), a copy of the completed NOT shall be provided to the operator of the MS4.
For construction activities, if other contractors/subcontractors are covered under the permittee's Notice of
Intent (NOI) and/or Stormwater Pollution Prevention Plan (SWPPP), a copy of the completed NOT shall
be provided to each additional contractor/subcontractor known to the permittee to be covered or claiming
coverage under the permittee's NOI and/or SWPPP. Contractors/subcontractors claiming coverage
under a permittee's NOI must assure proper permit coverage for the duration of their regulated activity.
Failure of the permittee to provide a copy of the NOT as provided herein shall not relieve the
contractor/subcontractor relying upon the permittee's NOI from the required permit coverage or any
potential enforcement action arising from the regulated activity.
Part 1- Termination Information:
Item A.: Enter the DEP Facility/Project Number for the facility/project.
Item B.: Indicate the reason for termination of coverage.
Part II - Operator Information:
Item A.: Provide the legal name of the entity (operator) to which coverage was granted.
Items B. - E.: Provide the complete mailing address of the operator, including city, state, and zip code.
GC-CA-I-24
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Items F. - G.: Provide the name and telephone number (including area code) of the person authorized to
submit this NOT on behalf of the operator. This should be the same person as indicated in the
certification in Part IV.
Items H.-I.: Provide the email address and fax number (including the area code) of the person authorized
to submit this NOT on behalf of the operator. If the responsible authority does not have or does not wish
to provide this information, indicate "N/A" in the appropriate space provided.
Part 11I- Facility/Project Information:
Items A. - E.: Enter the official or legal name and complete street address, including city, state, and zip
code of the facility/project site. Do not provide a P.O. Box number as the street address. If it lacks a
street address, describe the facility/project site location (e.g., intersection of State Road 1 and Smith
Street).
Item F.: Enter the county in which the facility/project site is located.
Part IV - Certification:
Type or print the name and official title of the person signing the certification. Sign and date the
certification.
Section 403.161, F.S., provides severe penalties for submitting false information on this NOT or any reports
or records required by a permit. There are both civil and criminal penalties for submitting false information.
Rule 62-620.305, FAC., requires that the NOT be signed as follows:
A. For a corporation, by a responsible corporate officer as described in Rule 62-620.305, FAC.;
B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
C. For a municipality, state, federal or other public facility, by a principal executive officer or
elected official
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Maintenance of Traffic Procedure 02-23-06 as Referenced in BASIC
STORMWATER MANAGEMENT DEPARTMENT CONDITIONS - TRAFFIC
CONTROL SECTION
A. Contractor Requirements (External):
1. Each Contractor shall maintain at least one employee on-staff that has
obtained a Work Zone Traffic Control Safety Qualification from the
International Municipal Signal Association (I.M,S.A.) or an approved,
equivalent qualification from the American Traffic Safety Services Association
(A.T.S.S.A.), the Florida Department of Transportation (F.D.O.T.) or any other
agency, group or consulting firm that provides acceptable certifications in this
area. Approval shall be obtained through Collier County's Risk Management
Department.
2. Effective November 6, 2001, each Contractor shall obtain one of the above
mentioned qualifications within sixty (60) days upon submission of a bid/quote
or prior to the start of any work activity and/or Notice to Proceed, whichever is
sooner. Failure to comply with this requirement may result in project
shutdown, loss of contract or failure to bid any additional Collier County
Projects until qualification is obtained.
3. Each Contractor shall provide copies of qualifications, attached to company
letterhead, to Collier County's Risk Management Department for
documentation purposes. This file shall be evaluated for adequate
qualifications prior to any contract being awarded. A complete copy of the
Collier County M.O.T. Policy is also available from Risk Management.
Contact information can be obtained from Attachment # 1.
4. Maintenance of Traffic Policy Review shall be held during the initial pre-
construction meeting in order to answer any questions that may arise
regarding the Policy. These meetings shall be coordinated through Collier
County's Project Management, however, it is ultimately the Contractor's
responsibility to make sure all questions and concerns are addressed.
5. Where right-of-way connection or work permits are required, the Contractor
shall submit a Maintenance of Traffic (M.O.T.) Plan for any project involving
work or activity that may affect traffic on any County street, roadway, median,
bike path or sidewalk. The M.O.T. Plan must be signed by the contractor's
qualified "Work Zone" employee or developing agency and submitted to all
applicable departments.
6. Specific permitting requirements shall be obtained from Collier County's
Transportation Engineering and Construction Management Department,
Collier County's Transportation Operations Department, Permit S~ction, or
other applicable departments, as necessary. This must be done before any
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work begins. Contact information is available in attachment # 1. A copy of
the M.O.T. Plan must also be kept at the work location at all times.
7. In the event that the M.O.T. Plan changes during the project, documentation
of the change(s) shall be made by the contractor's qualified Work Zone
employee and noted on the work-site M.O,T. Plan. The Contractor is not
required to forward the changes to the M.O.T. Plan to applicable Collier
County departments or their representatives, unless directed to do so.
However, the Contractor will be required to show changes on the written
M.OT. Plan and present them upon request.
8. The Contractor must ensure that all their employees and sub-contracted
employees have knowledge and have proven to be competent in setting up
work zones when the Contractor's qualified Work Zone Safety Inspector will
not be immediately available.
9. Emergency work that is being performed by a Contractor will not require the
Contractor to submit a M.O.T. Plan. However, the Contractor must comply
with all requirements, as previously described.
10.AII signs shown on the M,OT. shall comply with the current M.U.T.C.D. -
Part VI or the 600 Series of Florida Department of Transportation Design
Standards.
11.AII aspects of the current M.U.T.C.D. - Part VI and/or F.D.O.T. Design
Standards, 600 series shall be strictly followed and enforced at all times.
12. Every attempt shall be made to avoid lane/road closures: Where it is not
possible to completely avoid these closures, the following procedures shall be
followed:
a. The Contractor shall notify Collier County's T.E.C.M. Department,
Transportation Operations Department and/or the Transportation
Division's Community Liaison. Collier County will assist in the public
notification of said lane/road closures; however, it is ultimately the
contractor's responsibility to ensure that all necessary parties have been
informed.
b. No roadllane closures will be permitted between the hours of 7:00 - 9:00
AM. and between 3:30 P.M. and 6:30 P.M. Exceptions can be made at
the discretion of the Transportation Services Administrator or designee.
Emergency closures do not fall under these requirements. If an
emergency closure is necessary during the times listed above, notification
to applicable Collier County's departments must be made as soon as
possible (within 1 hour).
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c. The Contractor must also notify Collier County's Bureau of Emergency
Services Division and/or any of the below listed agencies, when, the
lane/road closure may cut off a standard route used by Fire, E.M.S.,
Police or other emergency agencies. The Contractor shall also make the
appropriate notifications when closures may affect schools, residents or
businesses.
d. Such notifications must be made at least 5 working days prior to the start
of construction or as soon as possible (within 1 hour) in the event of an
emergency. Notification of project termination shall also be made to
above-mentioned parties as soon as the project is completed.
e. Closures on two-lane two-way roads must be limited, where possible, to
single lane closures with traffic controlled by approved traffic control
devices, flaggers, temporary traffic lighting and/or other approved means
of work zone traffic control as specified within the M.U.T.C.D. (current
edition) and/or the F.D.O.T. Design Standards (current edition).
f. Lane closures on multilane roads should be limited to single lane closures,
where possible. Where single lane closures are not feasible, Contractors
shall submit justification for the closure of multiple lanes. The
Transportation Services Administrator or his designee shall make final
determination. However, where multiple lane closures create a greater
hazard to pedestrians, bicyclists, vehicular traffic or others using existing
sidewalks, bike paths or bike lanes, Collier County's Risk Management will
have final authority over these closures.
g. If the work cannot be performed without closing all traffic lanes, but the
closures can be limited to intervals no longer than five-minute durations
(e.g., to accommodate necessary equipment operations), flaggers shall
be used to control traffic as necessary. ALL FLAGGERS SHALL BE
PROPERL Y TRAINED IN FLAGGING METHODS.
h. If the work cannot be performed without closing all traffic lanes for periods
longer than five (5) minute durations, provisions must be made to
maintain access to all developed properties, businesses, etc. Access may
be granted by properly signed and/or marked detours or other approved
methods.
1. The Contractor shall prepare a detailed M.O.T. Plan where road closures
are proposed. The detailed M.OT. Plan must show the limits of the road
closure, detour routes and/or other means of maintaining access,
temporary signage and markings that will be used, and any other
information deemed necessary according to state (F.D.O.T. Design
Standards 600 Series) and/or Federal (M.UT.C.D.) regulations.
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J. The M.O.T. Plan for road closures shall be submitted to respective parties
at least five business days prior to each separate road closure. No road
closures, other than for an emergency, are authorized without the prior
approval of the Transportation Services Administrator or an appointed
designee.
k. If an immediate road closure is necessary to safeguard life and/or public
or private property, prior approval will NOT be required. However,
notification to Collier County Risk Management, the Transportation
Services Administrator or designee, the Permits Manager or an appointed
designee shall be made as soon as possible (within 1 hour), as long as
the notification effort does not compromise the primary efforts to
safeguard life and/or property.
Upon request from Collier County's Risk Management Department, the Transportation
Operations Department or any Collier County Work Zone Inspector, the Contractor shall
provide M. 0. T. Plans at any time during the project. In the event that the approved MOT plan is
not available or not being fol/owed, the Contractor must immediately eliminate aI/ deficiencies.
Failure to comply may result in project shutdown until aI/ deficiencies are corrected and will be
determined according to the hazards that are presented and their potential effect on public
safety.
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COLLIER COUNTY GOVERNMENT CONTACT/EMERGENCY NUMBERS
Daytime # Weekday Weekend Fax # EMERGENCY
Department Contact Pager # Pager # #
Sheriff's Office Dispatch 239.793.9300 239.793.9300
Road Maintenance Travis Gossard 239.252.8924 239.252.6406 Day: 239.417.6320
Eve: 239.417.6320
239.252.8925
Wastewater Collections Steve Nagy 239.825.0336 (c) 239.591.0186
Jim Gammell 239.825.0337
(c)
Water Distribution Pam Libby 239.530.6245 239.982.2215 239.263.8619 239.252.6245
Ray Ognibene 239.253.3954 (c)
Traffic Signals Bob Register 239.252.8260 239.982.3446 239.982.3446 239.252.5868 Day: 239.252.8260
Bob Tipton Eve: 239.252.0458
Traffic Signs Bob Register 239.252.8260 239.513.5798 239.252.5868 Day: 239.252.8260
Bob Tipton Eve: 239.252.0458
Risk Management - Safety
Engineer Greg Barlow 239.252.8283 239.252.8048 239.252.0921
Purchasing Main Number 239.252.8407 239.732.0844
Community Liaison Main Number 239.252.8192
239.252.7276
Eileen O'Grady 239.252.5801
239.252.5616
Connie Dean 239.252.8365 (c)
Alternative Transportation Director Michelle Arnold Day: 239.252.5899
Bob Petersen 239.252.8192
Landscaoe Ooerations 239.253.2326 (c)
Transportation Operations Director Bob Tipton Day: 239.659.5787 Day: 239.659.5782
239.659.5782 Eve: 239.598.3123
239.253.0420 (c)
Day:
Penn its Manager Mitch Riley 239.659.5767 239.252.5828 Day: 239.659.5767
239.253.3164 (c)
Day:
TECM Liaison Sandi Brunker 239.252.8271
239.734.0384 (c)
Public Utilities Engineering Fred Sexton 239.877.8288 (c)
Inspector
Revision October 15,2008
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EXHIBIT J
TECHNICAL SPECIFICATIONS
1. All roadway materials and work shall be supplied and completed in accordance with
the FOOT "Standard Specifications for Road and Bridge Construction" dated 2006, as
revised to date.
2. Clearing and grubbing shall be limited to work areas only. Contractor shall be
responsible for restoring all areas disturbed by his work. All disturbed areas shall be
sodded to match existing.
3. Design Professional shall be responsible for initial survey control to be used for
construction layout. Contractor shall be responsible for all construction layout.
4. Contractor shall field verify all existing culverts and structures in which connections are
to be made. Contractor shall field verify all existing utilities and coordinate with utilities
for adjustment of their facilities. Collier County will pay directly all costs to FPL for
relocation/modification of the existing crossings (2).
5. Contractor shall be responsible for the cost of all testing required. Testing shall
include the following: A. Embankment
1. Embankment: Minimum of 2 tests per 100 lineal feet. Where Subgrade fill is 12
inches or greater, density tests are required in each 12-inch lift, minimum 2 tests.
2. Stabilized Subgrade: A minimum of 2 compaction tests shall be taken per 12" lift
per 100 lineal feet of stabilized subgrades.
6. Contractor shall be responsible for all Maintenance of Traffic for the project.
Maintenance of Traffic shall be in accordance with the FOOT Standard Index and the
Manual of Uniform Traffic Control Device (MUTCO, Part VI).
7. Contractor shall coordinate his work with all other County Contractors and workers.
8. Gabions: Wire Mesh Gabion shall meet the requirements of ASTM A957 -97 as
manufactured by Maccaferri Gabions, Inc. Gabions shall be PVC coated (8 x 10 mesh
type), PVC coating shall be a nominal thickness of 0.02 inches, mesh wire shall have a
diameter of 0.087 inches (internal) and 0.174 inches (external). The mesh opening
shall be a nominal dimension of 3.25 inches. PVC coated internal stiffeners and lacing
wires shall be utilized. (Optional overlapping stainless steel fasteners may be used in
lieu of lacing wire.) Gabions shall be rock filled. Rock shall be hard, angular to round,
durable so that they shall not disintegrate on exposure to water or weathering during
the life of the structure. Gabion rock shall range in size from 4 to 8 inches. (A 5%
variation of oversize and undersize is allowed as long as they are not placed on the
Gabions exposed surfaces.) A minimum of three layers of rock must be achieved
when filling the Gabions. Installation of Gabion and rock shall follow the
manufacturer's written recommendations. Shop drawings and installation instructions
shall be provided for review and approval.
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EXHIBIT J
TECHNICAL SPECIFICATIONS
(CONTINUED)
MEASUREMENT AND PAYMENT
PART 1 GENERAL
1.01 WORK INCLUDED
A. Work under this contract shall be measured and paid for as specified in
this Division. Payment for any item of work shall be full compensation for
the following:
1. Furnishing all labor, tools, equipment and material.
2. Incidental clearing, grubbing, hauling and suitable disposal of
debris related to the work.
3. Delivering and installation or placement of material.
4. Excavation, dewatering, stabilization, sheeting, harnessing or
bracing and backfilling.
5. Testing to meet requirements of these Specification or applicable
permit requirements.
6. Safety precautions, traffic management, damages arising from the
nature of the work and action of the elements or any unforeseen
difficulties encountered during the prosecution of the work until
acceptance by Owner.
7. Costs and expenses for all taxes, commissions, transportation,
patent fees and royalties.
8. Final grading and cleanup.
9. Any incidental work normally associated with the item of work.
B. The quantities of payment under this Contract will be determined by actual
measurement of the completed item, in place, ready for service and
accepted by Owner, in accordance with the applicable method of
measurement stated below. A representative of Contractor shall witness
all field measurement.
GC-CA-J-2
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c. Payment for any quantities of work in excess of those shown on the Bid
Form will not be made without prior written authorization of such additional
work authorized by owner through the Engineer.
PART 2 PAYMENT OF ITEMS
2.01 MEASUREMENT AND PAYMENT
A. Unless specified otherwise in the Bid Form, work under this Contract shall
be measured and paid for as follows:
1. Mobil ization/Demobilization: Measurement for mobilization/
demobilization shall be by Lump Sum for the project and shall not
exceed 10% of the amount for the Base Bid. The work shall
include, but not be limited to, those operations necessary for the
movement of personnel, equipment, supplies and incidentals to and
from the project site and for the establishment of temporary offices,
buildings, safety equipment and first aid supplies, sanitary and
other facilities. The cost of bonds and insurance and any other pre-
construction expense necessary for the start of the work, excluding
the cost of construction materials, shall be included.
2. Stormwater Pollution Plan: Measurement shall be by Lump Sum
for the project and shall be pro-rated during the construction based
upon work competed. Work shall include all labor, materials and
equipment necessary for implementation of the Stormwater
Pollution Presentation Plan. This shall include initial installation of
stormwater pollution barriers, maintenance of barrier and their
removal upon completion of work.
3. Project Sign: Measurement and Payment shall be by Lump Sum
for the project. Work shall include all labor, material and equipment
to provide, install and maintain the Project Sign at the site. Upon
completion of the Work, the sign shall be removed and disposed of
properly.
4. Clearing and Grubbing: Measurement and payment shall be Lump
Sum and shall be pro-rated during the construction based upon
work completed. Work shall include all labor, materials and
equipment for Clearing and Grubbing. This shall include but not be
Ii m ited to: fence removal/stockpiling, headwall demolition;
miscellaneous demolition and miscellaneous vegetation and
landscape removal.
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5. Channel Realignment/Construction: Measurement and payment
shall be per lineal foot for the Channel Realignment/Construction.
It shall include all excavation, filling and compacting, grading,
sodding and pinning of side slope sod and other miscellaneous
work.
6. Stabilized Accessway: Measurement and payment shall be per
lineal foot of stabilized accessway construction. It shall include
excavation, grading, installation of stabilizing grid material, final
grading adjacent to accessway and sodding.
7. Culvert Cleaning/TV: Measurement and payment shall be per
lineal foot of cleaning and video taping of the culverts. It shall
include all labor, material and equipment necessary to clean the
existing culverts, remove debris and dirt, dispose of properly and
upon removal of all material video tape the existing culvert.
8. Storm Culvert & Piping: Measurement and payment shall be per
lineal foot of storm culvert and yard box piping installed. Work shall
include all labor, materials and equipment necessary for installation
of excavation, pipe installation, backfilling and compacting and
miscellaneous restoration.
9. Miscellaneous Storm Structure Removal: Measurement and
Payment shall be for each storm structure removed. Work shall
include all labor, materials and equipment necessary for removal
and demolition, miscellaneous execution and backing and
restoration. (Includes miter end sections, catch basis, etc.)
10. New Drainage Structures: Measurement and payment shall be per
each new drainage structure installed. Work shall include all labor,
materials and equipment necessary for installation of new drainage
structures at existing culverts. (Includes new miter end sections,
headwalls, yard drain, catch basins, etc.)
11. Gabion Retaining Wall: Measurement and payment shall be per
lineal foot of Gabion Retaining Wall installation (one high or two
high). It shall include all labor, material and equipment to grade
and install the base, install Gabion boxes and fill with stone, install
filter fabric, backfill and sod.
12. New Fence: Measurement and payment shall be per lineal foot of
new fence installed. Work shall include all labor materials and
equipment necessary for installation of posts, fence fabric and
miscellaneous hardware.
GC-CA-J-4
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13. New Cantilever Fence: Measurement and payment shall be per
each cantilever fence installed. It shall include all labor, materials
and equipment necessary to install the cantilever fence section
over and extending past the gabions. Payment for fencing parallel
to gabion shall be made under the new fence unit price.
14. Gates: Measurement and payment shall be made per each gate
installed by size. It shall include all labor, materials and equipment
necessary to install the various gates, special posts and hardware.
15. Modify Existing Gate/Fence: Measurement and payment shall be
made lump sum for modifying the existing gate and fence as
described on the plans. It shall include miscellaneous steel rods,
removal/reinstallation of gates and miscellaneous hardware and
reinstallation.
16. Rip-Rap Blanket: Measurement and payment shall be by square
yard for the installation of rip-rap ditch lining. Work shall include all
labor, materials and equipment necessary for the rip-rap ditch lining
installation with filter fabric. Rip-rap shall be FDOT rubble (Ditch
Lining). Spec. 530-2.2.2.
17. Existing Railing Modification: Measurement and payment shall be
lump sum for the modification of the existing railing at the headwall.
It shall include all labor, materials and equipment necessary to
modify the existing railing to allow a removal section. It shall
include modification of one stationary section and a new (or
modified existing) removal section.
18. Landscaping: Measurement and payment shall be for each
landscape shrub installed as identified on the plans and as
specified. It shall include all labor, material and equipment
necessary for preparation, installation, backfilling, watering and
other incidental items as required for a complete installation.
Contractor shall be responsible for watering until plants are
established (2 months following installation). Watering shall be
completed three times each week. Contractor shall be responsible
for replacing any dead material that occurs during this period at no
additional cost.
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EXHIBIT K
PERMITS
The following Permits for the Project have already been obtained by Collier County or
are the Contractor's responsibility to obtain, as noted below. Copies of all obtained
Permits shall be made available to the Contractor. It shall be the Contractor's
responsibility to read and understand all Permit and Permit Conditions.
1. NPDES/FDEP Generic Stormwater Pollution Prevention Permit
County has applied for and will obtain.
2. Collier County Right-of-Way Permit
Contractor obtained. Owner has received preliminary approval of plans.
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EXHIBIT L
STANDARD DETAILS
Plans and specification prepared by: a. Grady Minor & Associates, P.A. and identified
as follows: Palm River Estates Unit 5, North/South Stormwater Improvements as shown
on Sheets 1 through 10.
DRAWING NO. DESCRIPTION
1. Cover Sheet and Index of Drawings
2. General Notes
3. Aerial Photograph
4. Plan and Profile - ST A. 0+00 to ST A. 6+00
5. Plan and Profile - ST A. 6+00 to ST A. 12+00
6. Plan and Profile - ST A. 12+00 to ST A. 18+00
7. Plan and Profile - STA. 18+00 to END)
8. Cross Sections (STA. 0+00 to END)
9. Erosion Control Plan and Miscellaneous Details
10. Maintenance of Traffic Details
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EXHIBIT M
PLANS AND SPECIFICATIONS
GC-CA-M-1
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EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1