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Backup Documents 04/14/2009 Item #16B 7 1687 MEMORANDUM Date: May 5, 2009 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #09-5189: "Forest Lakes MSTU F45/F50 Drainage Swale Repair and Restoration" Contractor: Earth Tech Enterprise, Inc. Attached please find the original contract, as referenced above, (Agenda Item #16B7) 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 16 B7 ..l 1rUI}~ O~ · ern Uf' \ \-\ ~ S t- l1l \ )~-, 0 \ I'\out~l\( .~.\ \ (J, S~f~ ITEM NO.: m. w..c.. - 0/1 &'~ DA T~~~~g'OE~~ 4' 2 \ avl i ~ L.- FILE NO.: " . (b L, · y\' ROUTED TO: Y1 ~ DO NOT WRITE ABOVE THIS LINE ~ f2(1 REQUEST FOR LEGAL SERVICES ~ I '4t) t) 1 Date: April 23, 2009 '1 ~ e>9 r "Dv...L S. '5 · . To: Sco!t Teach // " -.AsSlstant County Attorney ,../// From: ~~ Brenda Brilhart I Purchasing Agent '... Re: Contract #09-5189 Forest Lakes MSTU F45/F50 Drainage Swale Repair And Restoration Contractor: Earth Tech Enterprise, Inc BACKGROUND OF REQUEST: This contract was approved by the BCC on, April 14 2009; Agenda Item 16.B.7 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. RLS# 01-fJiCe.- OIltf'3 168} CHECKLIST FOR REVIEWING CONTRACTS Entity Name: {A It rH {I:.r!jf ~ IV 7t-/~.Ae.,~~ S; . IIV~. , Entity name correct on contract? /Yes - No Entity registered with FL Sec. of State? ~Yes - No Insurance Insurance Certificate attached? \,/' Yes No Insured registered in Florida? --\L.Yes No Contract # &/or Project referenced on Certificate? V"" Yes No Certificate Holder name correct (BCC)? 'V"" Yes - No Commercial General Liability Exp. Date 41>/, {/ General Aggregate Required $'2 /M.l L Provided $ '2- ~IL Products/Compl/Op Required $ Provided $ \ I Exp. D,te ~ Personal & Advert Required $ Provided $ , Mt '- Exp. Date Each Occurrence Required $ Provided $ i.t Exp. Date Fire/Prop Damage Required $ Provided $ I ~tI/ c.' 0 Exp. Date Automobile Liability Exp Date l.f /J- / /0 Bodily I~ & Prop Required $ Z kAt \.- Provided $ 1'MII...- Workers Compensation ( . Each accident Required $ I Mt L- Provided $ I Ml L- Exp Date "l11l1! PC( Disease Aggregate Required $ Provided $ 'I Exp Date 7 Disease Each Empl Required $ Provided $ ( f Exp Date Umbrella Liability Exp Date /.f 1st / 0 Each Occurrence Provided $ ,r M-t L Aggregate Provided $ it Exp Date ') Does Umbrella sufficiently cover any underinsured portion? V"'" Yes _No Professional Liability Each Occurrence Required $ Provided $ Exp. Date Per Aggregate Required $ Provided $ Exp. Date Other Insurance Each Occur Type: Required $__ Provided $ Exp Date _ County required to be named as additional insured? ~Yes - No County named as additional insured? \/"Yes - No Indemnification /Yes Does indemnification meet County standards? No Is County indemnifying other party? - Yes ~No Performance Bond Bond requirement referenced in contract? --L Y es - No If attached, expiration date of bond ~l\\ Does dollar amount match contract? ---..iL.. Y es No Agent registered in Florida? ~Yes - No Signature Blocks Correct executor name in signature block? /Yes No Correct title of executor? ~Yes No Executor authorized to sign for entity? V'" Yes No Proper number of witnesses/notary? ~\\\ -1L- Y es No Authorization for executor to sign, if necessary: Chairman's signature block? \ ~Yes No - Clerk's attestation signature block? vYes No - County Attorney's signature block? ~Yes No - Attachments LYes Are all required attachments included? No R~i,~, ]"i"']')r~~ Date: If 04-COA- 10 /222 1687 MEMORANDUM RECEIVED TO: Jeff Walker/Ray Carter APR 2 3 2009 Risk Management Department RISK MANAGEMENT. FROM~renda Brilhart, Purchasing Agent ~~/I Purchasing Department Hq!:;-o <1 DATE: April 23, 2009 RE: Review of Insurance for Contract No. 09-5189 Forest Lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration Contractor: Earth Tech Enterprises, Inc This Contract was approved by the BCC on April 14, 2009; Agenda Item 16.B.7 Please review the Bonds and Insurance Certificate in this Agreement for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8446. cc: Darryl Richards, A TM 1687 mausen_v From: RaymondCarter Sent: Thursday, April 30, 2009 1 :00 PM To: BrilhartBrenda Cc: mausen-9 Subject: Contract 09-5189 Forest Lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration Brenda, I have reviewed and approved the bonds and Certificate of Insurance provided by Earth Tech Enterprises, Inc. The contract will now be forwarded to the County Attorney's Office for review. Thank you ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 www.sunbiz.org - Department of State Page I of2 1687 Home Contact Us E-Filing Services Document Searches Forms Help Previous on LisJ Next on List R~tl!rnTo I_ist IEntity Name Search No Events No Name History Detail by Entity Name Florida Profit Corporation EARTH TECH ENTERPRISES, INC. Filing Information Document Number POOOOO098390 FEIIEIN Number 593679652 Date Filed 10118/2000 State FL Status ACTIVE Principal Address 5475 GOLDEN GATE PARKWAY NAPLES FL 34116 Changed 0412612006 Mailing Address 5475 GOLDEN GATE PARKWAY NAPLES FL 34111-6 Changed 0412612006 Registered Agent Name & Address GEHRING, CHRISTOPHER L 3420 3RD AVE. S.w. NAPLES FL 34117 Address Changed: 04/11/2007 Officer/Director Detail Name & Address Title PO GEHRING, CHRISTOPHER L 3420 3RD AVE. S.w. NAPLES FL 34117 Annual Reports Report Year Filed Date 2007 04/11/2007 2008 04/30/2008 2009 03/23/2009 Document Images http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number= POOOOO0983... 4/30/2009 www.sunbiz.org - Department of State Page 2 of2 03/23/2009 -- ANNUAL REPORT 168 04/30/2008 -- ANNUAL Rf;PORT 0A111l2007 -- ANNUAL REP_QRI Q1L2Q/2006 -- AI\tN1J6Us_EPQRT Q'1J3Q120_0S -- ANNUAL REPQJU Q4/2E3I2PP4-- ANNUALREr=>QRT 05/02/2003 -- 81'JJJJJAL_REPORT 03/28/2002 -- ANNUAL REPORT 04/02/2001 -.. ANNUAL REPORT 10/18/2000 -. Domestic Profit Note: This is not official record. See documents if question or conflict Pre"ious on List Next on List Return To List IEntity Name Search No Events No Name History I Horne I Contact us I Document Searches I E..FilInQ Ser.vlces I F-onns I H,,!p I CopYright and Privacy PoiiCles CopYright _,,) 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number= POOOOO0983... 4/3012009 1687 Forest lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration COLLIER COUNTY BID NO. 09-5189 COLLIER COUNTY, FLORIDA Design Professional: Malcolm Pirnie COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 COpy 1687 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 Malcolm Pirnie and identified as follows: Forest Lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration as shown in Exhibit M / Spec Sheets. EXHIBIT N: Contractor's List of Key Personnel 1687 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Forest Lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration COUNTY BID NO. 09-5189 Separate sealed bids for the construction of Forest Lakes MSTU Projects F45/F50 Drainage Swales, 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 9th day of March 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 18th day of February, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. A mandatory site visit is required; call to make an appointment (239) 332-1300. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Forest Lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration, Bid No. 09-5189 andB~d Date of March 9, 2009. No bid shall be considered unless it is made on an unaltere~ileid form which is included in the Bidding .' " ,; . J ':,~ Documents. The Bid Schedule (GC:.P-1' through GC-P-14) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E-Procurement website: www.collierqov.neVbid. 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 e%ecuted by or countersigned by a licensed resident agent of the surety or ins'urance company having its place of business in the GC-PN-1 1687 State of Florida. Further, the said surety orl. i.nsurance company shall be duly licensed and qualified to do business in tHe Statel ;bfFlorida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds 'must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within sixty (60) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject allBid,s or any Bid not conforming to the intent and purpose of the Bidding Documents, ari9to'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 4th day of February 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Isl Stephen Y. Carnell, C.P.M. Purchasing and General Services Director ., . V'I,., i i I '.r! GC-PN-2 1687 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 GC-IB-1 1687 f 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. Ri~ht to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC-IB-2 - 1687 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 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 GC-I B-3 16B7 i opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of 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. GC-IB-4 1687 I Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 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 Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of Collier County business to receive awards. A "local business" is defined as a business that has a valid occupational license issued by Collier County at least one year prior to bid or proposal submission to do business within Collier County 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 by 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 Collier 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 Collier County's tax base, and residency of employees and principals of the business within Collier 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 GC-IB-5 1687 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 to the Purchasing Department within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), than 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 proposal 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 proposal response will preclude said Bidder from being considered for preference on this solicitation. A vendor 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 GC-IB-6 1687 cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permiUfee 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 use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use GC-IB-7 16B7 on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a 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." GC-IB-8 1687 I 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: February 5, 2009 TO: Interested Bidders FROM: (jj Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 1, Bid #09-5189 - Forest Lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration Addendum #1 covers the following change for the above-referenced solicitation: This addendum has the plan sheets for this project were inadvertently left off the on-line bidding system. ce: Darryl Richard, Project Manager/ATM Ene: 3 Files 1687 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: February 13, 2009 TO: (jjj) Interested Bidders FROM. .. .. Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 2, Bid #09-5189 - Forest lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration Addendum #2 covers the following change for the above-referenced solicitation: A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building uG" at 10:00 a.m. lOCAL TIME on the 18th day of February, at which time all ,prospectIve Bidders may have questions answered regarding the Bidding Documents for this Project. A mandatory site visit is required and will be held after the pre-bid meetinq. cc: Darryl Richard, Project Manager/ATM :: .:1:11 ! 1687 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 4, 2009 TO: Interested Bidders FROM@ Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 3, Bid #09-5189 - Forest lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration Addendum #3 covers the following change for the above-referenced solicitation: CHANGE: additional line items for vari.oys sod types are added to bid schedule. (Revised Schedule Attached). . Work on the golf course areas of the project cannot start until 4/1/09. . Any grass replaced must be replaced with like grass from the surrounding area (e.g., Bahia, etc. and turf must be weed free) . If necessary to complete project on time, additional crews may be required. . County will provide grades for the golf course areas once - Contractor responsible for maintaining. . MOT required. . Permits are not required for this maintenance project. . If the Contractor disturbs any grounds, etc. outside the scope of this project, they are responsible for correcting. CLARIFICATION: Materials Manufacturers form Page GC-P-3 - this form is in the process of being modified, in this solicitation, if you are providing the materials as specified in the plans, just state "As Specified" and if you are proposing an "equal" product/material, include that manufacturer's name, etc. List of Subcontractors form Page GC-P-4.,-,lrsts the major sub-contractors anticipated on this project - if you are completing this work in-house, state so, otherwise, provide your sub's name. If you leave blank, you may be considered non-responsive. ] QUESTIONS I ANSWERS: 1 6 B 7 Q: Is golf course open for business during construction A; Yes .' c, Q: What if rock is encountered A: This is not expected, but if significant cap rock is encountered a change order will be negotiated. Q: Is the specification of 19" x 39" correct (change in specification)? A: The reference to 19"x39" pipe on the quote sheet is a typo. The specs which read as follows are correct: (Contractor is to update Section 2.6 as noted) " 2.6 CULVERTS CONTRACTOR shall construct culverts along Swale #4 (one) - double culvert crossing, approximate Station 163+95, per Drawings and along Swale #14 (double) culvert crossings, approximate Station 309+55 per the drawings. All culvert pipes shall be standard 19"x30" class III ERCP." The fifth headwall is an ERP request by the water management folks. The headwall will be placed in the exiting Lake #10. This will give them a permanent invert for that swale. There is no culvert involved. It will be set at STA 310+00 sheet C3. ; , ' The specifications are correct. The culvert crossings are both double. The reference to the "Triple Culvert" on the Exhibit is a typo. , 'li.,1 Q: Verify the 6 inch specification for underdrain near Quail Run Club House (at Ninth Hole on Golf Course); also, why is there water already in the basin? (verification of specification) A: The 6" underdrain is of adequate size for the designated area. This is not a storm drain but merely a "path of least resistance" conveyance for a ponding problem behind the ninth green. The basin you are referring to is an open bottom basin and the water inside reflects the water table in that area which is artificially high due to the all night sprinkling by the golf course. Q: Is there a list of Property Owner Associations within Forest Lakes Community for contact information? A: Please see "Property Owner List" provided as part of this addendum. (see attached) Q: Please provide a breakdown of the types of sod to be installed? Also, is this added to bid schedule? (Bid Schedule: Added line item 7a) A: The 8500 SY in update bid tabulation:is for Bermuda 419 specification for Project F-45 areas ; added to bid tabulation is line lit~m 7a "Miscellaneous Sodding" Quantity 4600 SY which is for various sod types: St. Augustine, Bahia, Floratam) for the Project F-50 areas. 2 1687 CHANGE IN SPECIFICATION: Please addlreplace the below underlined wording to the appropriate section in EXHIBIT M Specifications: 2.1 SITE PREPARATION B. In golf course swale grading areas the CONTRACTOR shall clear all areas to be occupied by permanent construction or embankments of all trees, brush, roots, stumps, logs, wood and other materials and debris. Clean and strip vegetation, sod, topsoil and organic matter from subgrades for fills and embankments. Wherever possible, CONTRACTOR shall minimize the .Work area and only disturb the soil in areas where excavation or fill activity will.oc,our. CONTRACTOR shall minimize the ,-', ,...., removal of trees. Consult ENGINEER orhi.s,fj~ld representative prior to removal and relocating of trees. Trees should.~e relocaied ;the same day as extraction. Waste materials resulting from grading activities shall be removed from the Site and disposed of by CONTRACTOR as directed by the Enqineer or his field representative, and should be included in the CONTRACTOR's unit price for the work. Burning shall not be permitted. 2.3 GRADING B. Swale cross sections will be field directed by ENGINEER or his field representative. Swales will be graded to match the existing cross sectional profile with a side slope of 5H to 1V or as directed by Engineer or his field representative. Slopes outside the qolf course area may exceed 4H to 1V. 2.5 DISPOSAL OF EXCESS EXCAVATED MATERIALS Material removed from the excavations which do not conform to the requirements for fill or backfill shall be hauled away from the Site. by CONTRACTOR and disposed of in compliance with applicable laws, ordinances, codes, rules or regulations. Material that may cause a health/safety issue for:the~Tesidents shall be removed daily. This cost should be included in the CqNTRAS!qR':s unit price for the work. ",i 2.9 IRRIGATION PIPING ADJUSTMENTS Contractor shall provide all labor and materials necessary to cut, plug, and relocate existing irrigation piping within the project area golf course that may be encountered during the project. 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Main Business Address 5''-I'7:S G,ol::h-- ~le (k, ruJ~ 1 ~, 'k s: ~Je?~ f Place of Business !\JQ to. /es. pur /dA. ~ 3'11/6 , . I Telephone No. 0-?:>~I) ~'-7.tf- lJ:~3i Fax No.(~'3q) '7,L/ - /2.-2--, - .~~ ,'.~. ; State Contractor's'License # (!'.~ .0 I b? '<7, . " ..j- ,'" .'.' .. . <:"::To: . BQARO'OF COUNTY COMMISsfoNERSOF C.OLLlER COUNTY. FLORIDA (hereinafter called the Owner) ',1 :.,.. .';.1 .. . . '~. '~, .....~;, ,:. . .\,:,-_,"_'c :''';,.0 .,'_ '", , _:',_ <' ~,:"-,y:,.: .," l' ,. ~'~~;p~:"~",-~'~ <':'~.:'-':'::' -'__:":".;"'. :,_:":,:-. _,::",' "~ ,':"':~::_,,:': ."'The undersignedhCi,s Bidder declaresthaJ th~'bnly perso'n' or parHes: Interested in this',' " 'Bid as 'principals:are those named herein, that this Bid; is .submitted without: collUSion ... \ ~.. I ; with: any other person, firm or corporation;,; thatit has,carefullyexpmiried the location of , '. - ," . . '....... "--,'. ',' ,," .-r., ", ,_:' "'," ,:: '."C",--' ," ..,', the proposed Work, the prop()sed forrrf,of,'Agreery,entarid .(:lll,'other Confract Documents , .. and Bonds, and the Contract brawihQ~'and Spedficatiqns.' . '~.' . Bidderproposes,.and agrees ifthis'S.id.!s a9cepte,q,:B.idd,er'will:'ex~cute the Agreement included: .., in.' the: B.idding DocumE::ints;. to' provide all 'hecessari machinery, tools; , - apparatus and other means of constrt.l9tion,inclLiding utility and transportation services .necessaryJo do'all the Work,and f~mishall the:,'rT!aterials and e:quipment specified or. referred to'in the Contract D()cument~ .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 tfleGeneral 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. GC-P-1 16B7 4 - BID SCHEDULE Forest lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration Bid No. 09-5189 Bid Schedule Provided In Separate File - '"_. . .....,.' .."_._~)(~'[iI~jlB~g';';lDIIfml ' :,: .';';'ikiit'. ....... ".€!\. iS~ .........SJ,.f. .\. '.. U~.€'a.7.,e.<. '.. 'i8 ",.'...rnf....eID: 0~3~,..'.. ".'. :.."~ .. ~"!<,,~1':i1f.-'...:'~' '='<i:'.;' '':;,'" ";o~*,~~,-:. ~ ~~~\';'.~~'.:::~~' "', , -",-, ..,- '''. ,~~~~..,~..~ ':-~_""'._'" "",,~,.,~ " -" r .", .-. .... "T Engineers Estimate for Entire Project: $343,5Z2.. ~ -~ ',-.,' '. ..' . . ~. ",. ..- ',"' . ~~ :. '-" GC-P-2 1687 C") 0 0 0 0 :;:t: 0 0 0 0 0 00 0 :2: 0 0 0 0 0 0 o 0 00 0 ~ ::J to to 0 0 0 0 00 00 0 0 I'- I'- 0 0 to 0 to to 00 I.() z 0 -.;ttO ~ ~ to T'" I'- OLO ~ W ct) co~ N- W W ~ W ct) N W N \1:1..... 0 WWW W WW N 0 "r"" ,~ -< ~ ~ to LO LO 0 LO to LO LO 00 ~~ C\I N C\I LO . T'" I'- T'" 00 . ~ I'- o LO 0 0') N '\ )f ~'- T'" c .Q ~~~ ro L- a ..... ~ :i1 en (!) 0::: l:l ~.~. C co L- LL. LL.LL.<(LLLL. <(LL. U) CO '(ij -I -I -I W.....J -I W .....J .....JW a. (!) 0::: (!) 0 o 0 coo 0 N 0 T'" T'" Cii 0 0 0 CO 0 LO ~ C0 I'- T'" T- N CfJ (!) OJ (j) ~ co "_ C ..- co LO L- - enO a:I 00 W l:lLO ._ u.. 00 lDi:O <( "<:t a:I I u.. -' en U ~ (!) "is' 0 L- .... 0.. ::J I- en :2: en (!) ~ co -1 Ui C (!) C C L- a a a :;:; CO u.. :;:; L- CO CO 0 L- (,) a CO +-' "E~ +-' rJ) rJ) CD CO ~ c 0:: >-1- .c c.c_ +-' a ~ a l:l CO :;:; 3: CD L- a.. CO co co u c (,) ..c t:: c u 'C 0 CO CO 0:: CD CO Q) L- C +-' 0 o::"E >. CO CD ~ CD +-' L- U CD C L- -a co rJ) CD CO 0 - L- C - ~ I-=> ~a: ...: 0) :2: 0 T'" N C0 -.;t LO co I'-CO 0') "is' T'" T'" T'" T'" T'" T'" T'" T'" T'" L- 0.. 1687 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. I1-s S/ec/'~~ 2. 3. 4. 5. Dated 3/q /0 I ~rfi- .. '7?e-l.Gkrfrf~S /Ln <'- . , I Bidder. ~ BY: ~~cuf, L~ mcia <:/ I/kC~'lJ 'f:er-- GC-P-3 1687 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by 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 costto Owner, which is found-to be non-compliant with this requiremen~ either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED ~NON-RESPONSIVE. (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 furtheragrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Category of Work Subcontractor and Address 1. Sodding .----...- - - 6'/a;1e'r 61"a 5S 3:7 '1)7 frtJ,Sj1eet Me'j Jfh~ks, A 3cfJI?f 2. Grading ;::z:;;.- J.lvt'S e- - ' , --- ~ e;rr=fJ.. 'reef." Gnk1r':;t's"r",C.. 3. Concrete 5Y7.:)" 6&1ahJ1 'cekti/'fu.'i-: Stl'k:S/J.,~j:. --- -- - -. - - ~cAe'r ~/l/(".dc. t;I1Sffvv#P'1. Xt<:. 3cH/~ I/?9 t?~ &cr/or &;) fi~I-I'1f~/5, FL 339/2- 4. Pipe (Concrete and endwalls) .- - - - - 61/'-li. "fC~-l7 t(ft'l W~{/}~ 5"tj'1.:S- ~MPI. he!. '4r.kA'1 ~/~ stJ, A/yltsl. 5. Asphalt ft.- !-/ilt.'.5€ - -- - - _ 63rf" "kch IE;,k?~i'~.s: -:J::;Jc. '311/~ 5'<175- b,;/M/1 ta,klZ/"jO:;dl~:k :J'tJ/1l;/~, /- '"3 t'fll " Dated 310, / a'j 6f/t- '12d -G, 1&-f /7 J:e -} :c;., c . j Bidder ~ BY: ~j~- ?~ L MI '{)1t~~1 ~cl1/k~~ GC-P-4 1687 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. Ar- .ks /e..- ttlC/ "Vtni/,'//L- Lul6e~Lj6::! - J,3 9S" . . . ~.- 2. f?i .(.s'fc.. . ~/l C::.-X' ~' . -. cg~) SZiJ-~ b 7'7 7 . '". r" ~ . .3. ~', .' --;;::, a tJ "(J #c.~tle.. itIer .. ~. ~nv[ife I-t!tlbe/-k.y- q6d): -J3?S--'-. . 4.- "f)e rPwarr!) L:t?ti1 -I-e1< IIOM-L ~/Wl iorttl'e'ss - 4'11-~ory 5. '7;al ~:- hIe /St-su/I ~.-f-( ~ ;;) 7$--//77 I j.ef111 4,r ;/t?I"YI.e s 6. (11e111~ ~/t A /Ie 10/11 e !Zl/AiJI,PI /J1 Ct:'o/'MJJc - t/9S-- - Y{l;76 Dated _3/q /01 .G:1~#- 'u&t <Ctk/';C7/'/S--es; ..l.4c-. I I . Bidder BY: ~td4~?u 'L- ;11~jde/ I-/u C-"'I k:&1-., GC-P-5 16871 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) ty- ,()R 1. &Cava ftf:lr- L-P ~0D .:f; J I ::v:>--rJ - 2. 3. 4. 5. ...:z--' TOTAL $ ~ 5/)'-- ,:r, , Failure to complete the above may result in the Bid being declared non-responsive. Dated 3/9 jot! 6//t. '7&/. &o//i~~ -z::,C Bidder ~ BY: ~~~L ;rJcia-t!/ J./t1r-,?;I~ GC-P-6 1687 AFFIDAVIT FOR CLAIMING STATUS AS A lOCAL BUSINESS ITS#:09-5189 - Forest lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration STATE OF FLORIDA and the COUNTY OF COLLIER BIDDER AFFIRMS THAT IT IS A LOCAL BUS1NESS AS DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE REGULATIONS THERETO. .AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY; "Local Business" means a business that has a valid occupational license issued by Collier/Lee County at least one year prior to bid or proposal submission to do business within CoWer County 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 LeeCbunties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by 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 Collier/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 Collier County's tax base, and residency of employees and principals of the business within Collier 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. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to Collier County will lose the privilege to claim Local Preference status for a period of up to one year. Please provide the following information for the Bidder: Year Business Established in Collier/Lee County: ,1000 Number of Employees (Including Owner(s) or Corporate Officers): IS- Number of Employees Living in Collier/Lee County (Including Owner(s) or Corporate Officers ): /3 GC-P-7 16B7 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. ..--~ .J'LcJ &'~//J--?~ z:;,C. t:Z//J Bidder Name >>:Ic4J ~ L ,Irl'Ma~/ ;-A?Y1IIt:'v- Signature e-::Tfifrt~-b/ / tf}p /LeI-- ~#~ / (/ if . Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to and Subscribed Before Me,a Notary Public, for the above State and County, on this. q . Day of -.!lY;:rllj,. ,2009. . . I!bO~ ;#~~ t/ Nota~ublic . . IDI.Q;lIUJ'iiCa: lI.nUII,IIDP" :. ...............tiSA\At-lORy 23 ': My Commission Expires: . # 0006833 . = ,\'\111I11', Comm. . : ~ S'~ .! Expires 6 ~ ~q'~ InC- II ';> ... (>.ssn., ..- (AFFIX OFFICIAL SEAL) \ !. ,,'" . fleriEla N~~\'1~t.~";e~~."'" ~ ~~,.~.n.~~"'%"."'.~" .."'~~~ .' GC-P-8 1687 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned' proposes to commence work at'. the site within 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 tb . complete all work covered by this Bid and to be fully completed to the point of final acceptance by the.. Owner within sixty (60) consecutive calendar days, computed by excluding the commencement date and including the last day of such period. Respectfully Submitted: State of P1P/i'tM. County of Cplt'er dda.e/ .;4 ei>11l: t: h.- , 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. [?q rit-- 'tee t. -e;,...fer1'1t 'f.eS, ::.LA C-, , 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. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of 'PIC'/! dr~ , which operates under the legal name of GC-P-9 1687 6/1/... ~ch ~jJl/U5~ ~c.. , and the full names of its officers are as follows: I President ~"5fv~Ae'T" Cc.j,/1~ Secretary Treasurer Manager The -~is-aotharized-to-stgA-6efls,tFl:JetieA-Bies- -and co ntroets--fe>r-tne cOl/lpanrby-aetiel'l-ef-its-BeaF8-af-9ifeeroFs-ta~eR- ': a-eeFtifted-eop-y-o-rwhictT-rs-tTereto-attaeRee-fstrike- ....clft-tt:tts-fast-st:r1tence if nuL C1fJptteable}- (b) Co-Partnership .~ . ,. '. The Bidder is a co-partnership consisting of individual partners whose full names are':as" follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is I and if operating under a trade name, said trade name is DATED BY: GC-P-10 1687 Witness Signature I7cSlb/$tuf- Title STATE OF ~)?/ItlA COUNTY OF a/l;~ The foregoing.instrument was acknowledged before me this ~ dayof//$/pJ... , 2009, by c)rl'-:J'#P/~ t;ot!.').n~ I as ~~"ckt.-+ . of eQrlt~.,-r2d ~ b-/?r/~, . L , a - .flp/J1/.;..,..;... . corporation, on behalf of the corporation. . He/sne is~son~ known to me or has produced as identification and did (did not) take an oath. My Commission Expires: ~A~ (s\g11a e of Nota NAME: LSlI-lIbvOc:j (Legibly Printed) ': ......... ........A.LANDRY............., (AFFIX OFFICIAL SEAL) ~ LIS N P br : ",,\lll/'ffl/, Comm#DD0683323: otary u IC, State of :: ~~~ .C' . = ~~ , .,:,.~ Expires 61712011 ~ ommlSSlon No.: fJ ~~ ~S" ( .. :: '\~Oft\;,f Florida Notary Assn.. no : ~ '1"'"U'~\\\:aocc!t COOftCf!I a an~nne; n 013::l ~ e; Don ISDB III an.. n Ill. II I'l.IQ 1II1l.t1Sa ;:_. D!iH:~~!J ~ IJt:lI IC!tU III I! c.~ D ~ "'......... . ., ::> I"~ N ap I ;-.~ IllII1 ~ f! . o 'J.J I GC-P-11 1687 ~ 1 BOND NO. B27SS6 / BID BOND KNOW ALL MEN BY THESE PRESENTS, that we EARTH TECH ENTERPRISES, INC. (herein after called the Principal) and ACSTAR INSURANCE COMPNY , (herein called the Surety), a corporation chartered and existing under the laws of the State of ILLINOIS with its principal offices in the city of NEW BRITAIN and authorized to do business in the State of CONNECTICUT are held and firmly bound unto the BOARD OF COUNTY COMMISSIONERS. OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner), in the full and just sum of FIVE PERCENT OF AMOUNT BID dollars ($ 5% OF BID ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. .-....'. Whereas, th.ePrincipal is about to submit,or~ has submitted to the' Owner, a Bid for : "."'. .. furnishing.all labor, 'materials, equipment andincidentqls necl3ssary.to furni$h, install, ..,. and f~lIy' COIT1P'~te the Work on thePr6ject~known as,~~"'~:.. '. ______--.::.. , : .~:', . . :': ", . ". . . . .' , ~ .... .. " . ",Forestlakes MSTU Projects F45/F50 Drainage Swaie Repair & Restoration ;. t.. _ .' ~ Bid No. 09':'5189 . . NOW, THEREFORE, if the Owner shall accept. the Bid of the PRINCIPAL and the PRiNCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance witr the terms of such Bid, and give such bond or bonds in an amount of 1 QO% 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 $ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. Payment and performance bonds will be issued for a i2-month duration and non-renewal shall not be an event of default. Bond shall exclude any loss incurred by Obligee or others subsequent to bond expiration and excludes any reprocurement cost or expenses. The obligation incurred during bond period shall only apply to revenue earned during the bond period GC,P-12 1687 BOND NO. B27556 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 5th day of March ,2009. Principal BY (Seal) Surety (Seal) Henry . Nozko, Jr., President Countersigned N/A Local Resident Producing Agent for '..:;~: (~~.~: ~<'''' .....,....... .. , .~~,.;_.~ ;..~:. ,,' ,.~'. ' .. J ", ..~.~..:. .:", "'~;,- : "':"" .- ~ '.' . .. ., ':"', . :....~i( :, ',' "t- . .. ;-(': i j ",'; '.> ;',;" ~. , , , GC-P-13 ~7I[STAR 233 MAIN STREET' P.O. BOX 2350 BOND NO. B27556 POWER OF ATTOR NEW BRITAIN, CT 06050-2350 INSURANCE COMPANY (860) 224-2000 N~ 29037 This Power of Attorney must have original corporate seal, and red and blue ACSTAR logo to be valid. Know all men by these presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the City of New Britain, Connecticut, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on September 28, 2006. RESOLVED, That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the Chairman, the President, any Vice President and General Counsel, or any Attorney-in-Fact, may execute for and on behalf of the Company any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affIXed thereto; and that the Chairman or President may appoint and authorize any other Officer (elected or appointed) of the Company, and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affIX the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. ~ (3) The signature of the Chairman, the President, or a Vice President of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, -en 0 and the signature of a facsimile to any certificate of any such power, and any such power or certificate bearing such fascimille signature and seal shall be valid and binding a. on the Company. (I) -0 (4) Such other Officers of the Company, and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-Laws of the Company, and any affidavit or ..::.:::cn c (I) record of the Company necessary to the discharge of their duties. CO (I) .oE does hereby nominate, constitute and appoint ~ CO ~~ 3- -0 CO HENRY W. NOZKO, JR., ROBERT H. FRAZER, DAVID A. PRICE, MICHAEL P. CIFONE, JOAN C. FORTIER, HENRY W. NOZKO III each (I) :::l '-0) individually, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, under- o (I) takings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION DOLLARS ($10,000,000.00) each, .....:::l and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had been 0_ '- CO duly executed and acknowledged by the regularly elected officers of the Company at its principal office. (I) > ~ CO IN WITNESS WHEREOF, Henry W. Nozko, Jr., President, has hereunto subscribed his name and affixed the corporate seal of ACSTAR ~:::l ~-o Insurance Company this 28th day of September 2006. c .- CO en ACSTAR Insurance Company o (I) - '- - '- (I) 0 ..... (I) 0...... by c CO - '- (I)...... 0) en STATE OF CONNECTICUT ) CO (I) 0)'- ) ss. NEW BRITAIN t::~ o c COUNlY OF HARTFORD ) E --- '- (I) On this 28th day of September 2006, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr., President of ACSTAR 01ii Insurance Company, to me personally known to be the individual and officer who executed the preceding instrument, and he ..... '- -0>' acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said =0 corporate seal and his signatures were duly affixed by the authority and direction of the said corporation, and the Resolution adopted by the Board CO C > (I) of Directors of said Company, referred to in the preceding instrument, is now in force. ..... '- o '- z[5 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of New Britain the day and year first above written. Q.~~ .J ~.P~ Notary Public - Diane L. Plante I, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy, is in full force and effect. In witness whereof, I have hereunto subscribed my name as Secretary or Assistant Secretary, and affixed the corporate seal of the Corporation, this 5th day of March 2009. 1687 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Local \l,endor Preference Affidavit completed (If applicable). ... . 7; . If required, the amount of Bid bond has beeh checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: <:>Bid Number; <:>Project Name; <:>Opening Date. 11. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET eo/Ii-- fCe~ ~k:rf'/,1J'!;RS; he.... , Bidder Name~ . t:5h_1~~:4~f~ T7 n/~~ 'd~L Signature & Title DATE: 3/~ /0/ GC-P-14 16B7 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 (239) 252-8446 F~(239)252-6697 www.colliergov.net/purchasing ADDENDUM DATE: February 5, 2009 TO: Interested Bidders FROM: Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 1, Bid #09-5189 - Forest lakes MSTU Projects F45/F50' Drainage Swale Repair & Restoration "' .U .. Addendum #1 covers the following change for the above-referenced solicitation: This adderidumhas the plan sheets for this project were inadvertently left off the on-line bidding system. cc: Darryl Richard, Project Manager/A TM Ene: 3 Files ft;. -0 ~I V ( y ~~ "" ~J t\g~ PI o {yV \DI \0 (j ~ 1687 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: February 13, 2009 TO: Interested Bidders FROM: Brenda Bri/hart, Purchasing Agent ';-'~.SUBJECTF. :-Addendum # 2, Bid #09-5189 - Forest lakes MSTU Projects F45/F50' . DrainageSwale Repair & Restoration ;"..." ~ .... ,-. - .~. ,-:' .. .. ..~"" ....-...,...- Addendum #2 covers the following change for the above-referenced solicitation: ," .." : ~,. F~ A non::-mandatory pre-bid conference shall be held at the Purchasing Department, " CohferEi'nce Room A, Purchasing Building "G" at 10:00a.m. lOCAL TIME on the 18th day of February 2009, at which time aiL prospective Bidders may have questions answered regarding the Bidding Docurnentsfor this Project. A mandatory site visit is required and will be held after the pre-bid meetinq. . ;r.C/ f7Y cc: Darryl Richard, Project Manager/ATM . ..L/ I. J o~y;J ~\lJf' J ,~~ ,{tuV \ O~ ~(~ \Ol 6/ '0 \ 1687 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRA rIVE SERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 (239) 252-8446 F~(239)252-6697 www.colliergov.netlpurchasing ADDENDUM DATE: March 4, 2009 TO: Interested Bidders FROM: Brenda Brilhart, Purchasing Agent SUBJECT:- Addendum # 3, Bi.~ #Q9-5189 - Forest lakes MSTU Projects F45/F50. . " Drainage Swale R~~'~I~. & ,Restoration . '. . , J ~ '" ~ ,.,'. .,....-,.. ....,.-....,_., . .,-'," Addendum #3 covers the following change for the above-referenced solicitation: CHANGE: additional line items for various sod types are added to. bid schedule. (Revised Schedule Attached). . Work on the golf course areas of the project cannot start until 4/1/09. . Any' grass replaced must be replaced with like grass from the surrounding area (e.g., Bahia, etc. and turf must be weed free) . . . If necessary to complete project on time, additional crews may be required. . County will provide grades for the golf course areas once - Contractor responsible for maintaining. . MOT required. . Permits are not required for this maintenance project. . If the Contractor disturbs any grounds, etc. outside the scope of this project, they are responsible for correcting. CLARIFICATION: Materials Manufacturers form Page GC-P-3 - this form is in the process of being modified, in this solicitation, if you are providing the materials as specified in the plans, just state "As Specified" and if you are proposing an "equal" product/material, include that manufacturer's name, etc. List of Subcontractors form Page GC-P-4 - lists the major sub-contractors antic~ 1/'-C'.-- on this project - if you are completing this work in-house, state so, othel' p OVI f, your sub's name. If you leave blank, you may be considered non-responsive,j;U "5? I ; " ~l QUESTIONS I ANSWERS: . 0&J ,,(,J- 4/' Id' ~~ l t ~\~_ t ".{ 1 tY Q: Is golf course open for business during construction 1687 A- Yes , Q: What if rock is encountered A: This is not expected, but if significant cap rock is encountered a change order will be negotiated. Q: Is the specification of 19" x 39" correct (change in specification)? A: The reference to 19"x39" pipe on the quote sheet is a typo. The specs which read as follows are correct: (Contractor is to update Section 2.6 as noted) " 2.6 CULVERTS CONTRACTOR shall construct culverts along Swale #4 (one) - double culvert crossing, approximate Station 163+95, per Drawings and along Swale #14 (double) culvert crossings, approximate Station 309+55 per the drawings. All culvert pipes shall be standard 19"x30" class III ERCP." The fifth ,headwall is an ERP request by the water management folks. The headwall will be placed in the exiting Lake #10. This will give them a permanent invert for that swale. :i. There is no culvert involved. It will b~_~E3tCltS.JA 3!O_~,Q9$he.etC3. ,. "( The specifications are correct. The culvert crossings are both double. The reference to.. . the "Triple Culvert" on the Exhibit is a typo. ." .. " .. Q: Verify the 6,inchspecification for underdrain near Quail Run Club House ". (at. Ninth Hole on Golf Course); 'also, why is there water already in the basin? ., ..... (verification of specification) A: . The 6" underdrain is of adequate size for the designated area.lhis is not a storm drain but merely a "path of least resistance" conveyance for a ponding problem behind' the ninth green. The basin you are referring to is an open bottom basin and the water inside -reflects the water table in that area which is artificially hfgh due to the all night sprinkling by the golf course. Q: Is there a list of Property Owner Associations within Forest lakes Community for contact information? A: Please see "Property Owner List" provided as part of this addendum. (see attached) Q: Please provide a breakdown of the types of sod to be installed? Also, is this added to bid schedule? (Bid Schedule: Added line item 7a) A: The 8500 SY in update bid tabulation is for Bermuda 419 specification for Project F-45 areas; added to bid tabulation is line item 7a "Miscellaneous Sodding" Quantity 4600 SY which is for various sod types: St. Augustine, Bahia, Floratam) for the Project F-50 areas. ~~ ~~ 2 ~ \h ,,\R J CHANGE IN SPECIFICATION: Please add/replace the below underlined wording to the appropriate section in 1 6 B 7 EXHIBIT M Specifications: 2.1 SITE PREPARATION B. In golf course swale grading areas the CONTRACTOR shall clear all areas to be occupied by permanent construction or embankments of all trees, brush, roots, stumps, logs, wood and other materials and debris. Clean and strip vegetation, sod, topsoil and organic matter from subgrades for fills and embankments. Wherever possible, CONTRACTOR shall minimize the Work area and only disturb the soil in areas where excavation or fill activity will occur. CONTRACTOR shall minimize the removal of trees. Consult ENGINEER or his field representative prior to removal and relocating of trees. Trees should be relocated the same day as extraction. Waste materials resulting from grading activities shall be removed from the Site and disposed of by CONTRACTOR as directed by the Engineer or his field representative, and should be included in the CONTRACTOR's unit price for the work. Burning shall not be permitted. '2'.3 GRADING h, . B. Swale cross sections will be field directed by ENGINEER or his field representative. Swales will be graded to match the existing cross sectional profile with a side slope of 5H to 1 V or as directed by Engineer or his field representative. Slopes outside the qolf course area may exceed 4H to 1V. 2.5 DISPOSAL OF EXCESS EXCAVATED MATERIALS Material removed from the excavations which do not conform to the requirements for fill or backfill shall be hauled away from the Site by CONTRACTOR and disposed of in compliance with applicable laws, ordinances, codes, rules or regulations. Material that may cause a health/safety issue for the residents shall be removed daily. This cost should be included in the CONTRACTOR's unit price for the work. 2.9 IRRIGATION PIPING ADJUSTMENTS Contractor shall provide all labor and materials necessary to cut, plug, and relocate existing irrigation piping within the proiect area golf cour~c that may be encountered during the project. All this work will be as directed by the Engineer or his field representative. cc: Darryl Richard, Project Manager/ATM Ene: Bid Schedule Property Owners List h'~ ~ J~~ . 3 14,\vV' ..; , 1687 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Earth Tech Enterprises, Inc. ("Contractor") of 5475 Golden Gate Parkway, Suite 5 West, Naples, Florida 34116, a Florida corporation,authorized to do business in the State of Florida, to perform all work ("Work") in connection with Forest Lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration, Bid No. 09-5189 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Malcolm Pirnie, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: one hundred twenty two thousand, four hundred fifty dollars and no cents ($122,450.00) GC-CA-15 1687 I 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. gOY I c5 7 Ole5 7 0 .html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated DamaQes. 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 Final Completion within sixty (60) calendar days from the Commencement Date (herein "Contract Time"). The date of Final 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. 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 1687 Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, seven hundred and fifteen dollars ($715.00) 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 Perioas. 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 1687 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 Malcolm Pirnie and identified as follows: Forest Lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration as shown on Spec Sheets. 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: Darryl Richard, Project Manager Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 (239) 252-5775 GC-CA-18 1687 B. All notices required or made pwsuant 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: Mr. Michael Hueniken Earth Tech Enterprises, Inc. 5475 Golden Gate Parkway, Suite 5 West Naples, Florida 34116 239-774-1223 Fax: 239-774-1227 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assi~ns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governin~ Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. GC-CA-19 1687 Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. 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 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. 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 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditior}s, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC-CA-20 1687 I IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSE~G t1ti# . By: FIRST WITNESS M~~/ I/tu,,~i~^, ~TY~e/7J;me liJ~ IA~ / S ND WI E S - ! 054 L4AitJ~ Type/Print Name Date: 5 /5) oR OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Do~~~':'cf,air~ C . J' Print Name: ~.... 7/ /f';;~ . Assist:mt Cou Attorney b<y.>~ ;y I Item# llpf>1- Agenda .:!blQ-~ Date Date ~ R~~ Deputy Clerk GC-CA-21 EXHIBIT A 16B7 J ! PUBLIC PAYMENT BOND Forest Lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration Bond No. F20737 Contract No. 09-5189 KNOW ALL MEN BY THESE PRESENTS: That EARTH TECH ENTERPRISES, INC. , as Principal, and ACSTAR INSURANCE COMPANY , as Surety, located at 233 MAIN STREET, NEW BRITAIN, CONNECTICUT 06051 (Business Address) are held and firmly bound to ( 1 ) as Obligee in the sum of ONE HUNDRED TWENTY TWO THOUSAND, FOUR HUNDRED FIFTY ($ 122,450.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally, (1) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA WHEREAS, Principal has entered into a contract dated as of the 20th day of APRIL 2009, with Obligee for DRAINAGE, SWALE REPAIR AND RESTORATION In FOREST LAKES MSTU (2) accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and rs referred to herein as the Contract. (2) PROJECTS F45/F50 UNDER BID #09-5189 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 wi.th labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that fl!ay be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 21st day of April 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. .. GC-CA-A-1 1687 1 BOND NO. F20737 Signed I sealed and delivered in the presence of: PRINCIPAL BY: NAME: ITS: STATE OF ;::10/'1& COUNTY OF {~//;t:r The foregoing instrument was acknowledged before me th~.2] day of fl;:::)jl;.L 2011i, by ~12-i>~~'Ji ' as r-t)'fl.-,,;L of ~ jbu... t::h.fr 'ri> .., a r!rJi--ilplJ.. 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. '" w IIUIlIIU."llIIi!lIumuI: My Commission Expires: ..,............tisA'LANORY : . .... 23 . ~ ~'''''''I(I" Comm# 0006833 : (S j : I! = i: Ii ~ Expires 6n12011 = : !. -= : ~~ \~ ~~ ~n.. tne : :: ~OfN ~ Florld . ......' I:'A 111'rn"~\\" ;antl!l!60u,"OISIiU1U ~ IIIiI'HUlal.,IIIII!1'1f1Ill<i (AFFIX OFFICIAL SEAL) Notary Public, State of TI6 n bk Commission No.: ATTEST: SURETY: ACSTAR Insurance Company (Printed Name) 233 Main Street New Britain, Connecticut 06051 (Business Address ~~ j;:...;_..J--)~ ~S~gnature) Henry W. Nozko, Jr., President Witnesses to Surety (Printed Name) GC-CA-A-2 1687 BOND NO. F20737 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF CONNECTICUT COUNTY OF HARTFORD The foregoing instrument was acknowledged before me this 21st day of April , 2009, by Henry W. Nozko, Jr. , as President of ACSTAR Insurance Company Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as identification and who did (did not) take an oath.. . My Commission Expires: /J11~ ~~ MARIE VASSAR (Signature) I'JOTARY PUBLIC Name: Marie Vassar MY COMMISSION EXPIRES AUG. 31, 2010 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Connecticut Commission No.: N/A GC-CA-A-3 --.IICS...IIR 233 MAIN STREET' P.O. BOX 2350 BOND NO F207 3 7 POWER OF ATTORNEY ~", I ." NEW BRITAIN, CT 06050-2350 . -~ INSURANCE COMPANY (860) 224-2000 N~ 2 9 2 6 21 6 This Power of Attorney must have original corporate seal, and red and blue ACSTAR logo to be val", B Know all men by these presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the City of New Britain, Connecticut, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on September 28, 2006. RESOLVED, That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (11 That the Chairman, the President, any Vice President and General Counsel, or any Attomey-in-Fact, may execute for and on behalf of the Company any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the Chairman or President may appoint and authorize any other Officer (elected or appointed) of the Company, and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto, (21 Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. ~ (31 The signature of the Chairman, the President, or a Vice President of the Company may be affixed by facsimile on any power of attomey granted pursuant to this Resolution, ~ and the signature of a facsimile to any certificate of any such power, and any such power or certificate bearing such fascimille signature and seal shall be valid and binding c.. on the Company. Q) ~ en (41 Such other Officers of the Company, and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-Laws of the Company, and any affidavit or c Q) record of the Company necessary to the discharge of their duties. CO Q) ..c: fij does hereby nominate, constitute and appoint :t::= ""- -g g HENRY W. NOZKO, JR., ROBERT H. FRAZER, DAVID A. PRICE, MICHAEL p, CIFONE, JOAN C, FORTIER, HENRY W. NOZKO III each b 0> individually, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, under- '+- Q) takings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION DOLLARS ($10,000,000.00) each, o .2 and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had been Q; ~ duly executed and acknowledged by the regularly elected officers of the Company at its principal office. +-' - (j) g IN WITNESS WHEREOF, Henry W. Nozko, Jr" President, has hereunto subscribed his name and affixed the corporate seal of ACSTAR - "'0 Insurance Company this 28th day of September 2006, co- CO en o ~ ACST AR Insurance Company - .... Q) 0 (5 Q) c~ ~ - .... Q)+-, g> ~ STATE OF CONNECTICUT ) 0> Q; ) ss. NEW BRITAIN 15 E COUNTY OF HARTFORD ) EO-=- .... 2 On this 28th day of September 2006, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr., President of ACSTAR .2 ~ Insurance Company, to me personally known to be the individual and officer who executed the preceding instrument, and he "'0 >- acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said CO g corporate seal and his signatures were duly affixed by the authority and direction of the said corporation, and the Resolution adopted by the Board > Q) of Directors of said Company, referred to in the preceding instrument, is now in force. +-' .... o .... z B IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of New Britain the day and year first above written. ~~ i.P~ Notary Public - Diane L. Plante I, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy, is in full force and effect. In witness whereof, I have hereunto subscribed my name as Secretary or Assistant Secretary, and affixed the corporate seal of the Corporation, this 21st day of April 2009. 16B7 EXHIBIT A PUBLIC PERFORMANCE BOND Forest lakes MSTU Projects F45/F50 Drainage SwaJe Repair & Restoration Bond No. F20737 Contract No, 09-5189 KNOW ALL MEN BY THESE PRESENTS: That EARTH TECH ENTERPRISES, INC. , as Principal, and ACSTAR INSURANCE COMPANY , as Surety, located at 233 MAIN STREET, NEW BRITAIN, CONNECTICUT 06051 (Business Address) are held and firmly bound to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FL I as Obligee in the sum of ONE HUNDRED TWENTY TWO THOUSAND, FOUR HUNDRED FIFTY and 00/100 ($ 122,450.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20th day of APRIL , 2009, with Obligee for BID 1109-5189 DRAINAGE SWALE REPAIR AND RESTORATION PROJECTS F45/F50 IN FOREST LAKES MSTU In accordance with drawings and' specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as t~e 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 complianc~ 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, GC-CA-A-4 BOND NO. F207I This instrument shall be construed in all respects as a common law bond, It rs 6 B 7 expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 21st day of April , 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' NAME: ITS: STATE OF rlo ripJl- COUNTY OF /1(1 it; Ot- The I!;regOing instrument was acknowledged before me this .23 ' day of IJ -:A1Gt ' I as , /h~ ' 2009, by _ /l.A:.- S /' to rv+- of ,~ a P1 cJy/- Ott- corporation, on behalf of the is Eersonally known to me OR has produced as identification and did (did not), ta~ath. My Commission Expires: ci1 W t- ?i.~ (Sig ture) 'Q"'U.~ L U U'l11\HtGtI.\tIl, c uti" ...........t'e~.\.ANOP.v ~.: '. Jk NKYJ '8'''. ~OO' =. ~ ,:.',\~''''I!'l,. CQft\1'Il Ii/'l.01" ~egibly Printed) g .$'fjj1~ E~\res 6 t (AFFIX OFFICIAL SEA\.!~~'~~ f\oOd~~~~:':::'5~~otary Public, State of: H(rrllJIJ-- ~ .l""(nl':\'''': 'CQ'9{;Qoal'H1B ~ . ~",."."".'Q Comm ISSlon No.: GC-CA-A-5 BOND NO. F20737 16871 ATTEST: SURETY: ACSTAR Insurance Company (Printed Name) 233 Main Street New Britain, Connecticut 06051 (Business Address) ~gnature) 4)/~'~ Henry W. Nozko, Jr., President Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF CONNECTICUT COUNTY OF HARTFORD The foregoing instrument was acknowledged before me this 21st day of April , 2009, by Henry W. Nozko, Jr. I as President of ACSTAR Insurance Company an Illinois Surety, on , behalf of Surety. . He/She IS personally known to me OR has produced N/A as identification and who did (did not) take an oath, My Commission Expires: /J11eutg '~--4/V MARIE. VASSAR (Signature) NOTARY PUBLIC Name: Marie Vassar MY COMMISSION EXPIRES AUG. 31. 2010 , (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Connecticut Commission No.: N/A GC-CA-A-6 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID OF DATE (MW!IlD B; BARTH-2 04 21 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Risk Management Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 6187 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Fort Myers PL 33911-6187 Pbone:239-278-3939 INSURERS AFFORDING COVERAGE INSURED INSURER A: FCCI Insurance C INSURER B: Barth Tech Bnte~iisesLcInc. INSURER c: P10rida Dirt So ce, L 5475 Golden Gate PkWy Ste 5W INSURER D: Naples l'L 34116 INSURER E: COVERAGES 1l-IE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEOABQVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING At('( REOU1REMENT, TERM OR CONDITION Of ~Y CONTRACT OR 01l-lER 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C~, LTR lNSRC TYPE OF IlISURANCE POLICY NUMBER ~1eIMMJDD~ "8~T~ LIMITS GENERAl. LIABIL.ITY " EACH OCCURRENCE $1,000,000 A X ~MMERCIAL GENERAl. LIABILITY CPPOO04599 04/0.5/09, 04/05/10 PREMisEs lEa cccvrence) $ 100,000 , n..,"IMS MADE [!] OCCUR - MED EXP (Ariyonell8raon) $5,000 -'-----; J ,'~ L .- .. ". ...~ !--:--:: .J-:-'--~- ..,',-- J oE~;-~~;~~- I.iab. ~- .. , .. , . Pf'~~ VJNINJIJRY Il---rfij 0-0 ,_-0-6~ ~ ' ' ." - .. :-S-' ! ~'--,------ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LlUIT APPliES PER: .. PRODUCTS-COMPK>PAGG $2,000,000 ~ POLICY !Xl ~ n lOC AUTOMOBILE L.lASlUTY COMBINED SINGLE LlWT $ 1,000,000 - CAOO05588 04/05/10 (Ea accident) A ~ ~Y AUTO 04/05/09 ALL OWNED AUTOS BODilY INJURY - (Per Person) $ SCHEDULED ALJTOS - X ~IIRED AUTOS BODILY INJURY - (Per accident) $ ~ NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAG! UA1IIUTY 'AUTO ONLY - EA ACCIOENT $ ==1 fW'( AUTO OTHER THAN EA ACC $ AUTO ONl.. Y: AGG $ EXCESS/UMBRELLA LIAIlLITY EACH OCCURRENCE 55,000,000 A '!J OCCUR D ClAIMSMAOE mmOO02919 04/05./09 04/05/10 AGGREGATE $5,000,000 S ~ C~DUCTlBlE S X RETENTION $10,000 $ WORKERS COMPENSATION AND ITORY L1Ml'rS I X I U ~~- A EMPLOYERS' LIABIUTY 56679 07/18/08 07/18/09 E,L. EACH ACCIDENT $ ,1. 000,000 ANY PROPRlETQRiPARTNERlEXECl rr '.' , OFFICFRlUEMl!ER EXCLUDED? E,L. DISEASE - EA EMPlOYEE"; 1, 000 , 000 ; 'j If~ 'li.=-I.=v~Je, '. ~ -, --.~-,,~ .. -- - I - -cc'... "-'-:-~.. -----'. --.-c, '.. -" , -S ",C',V-.:.. i"MJ ~ ;;:OJ;:)!',!!; boi:iw . 'U::~:x:;.s,,- ;>'..>litYllllli(ln, iHHI ,Ova"'" ,,""-" ~-... ---'- OTHER A Contractors Equip CPPOOO4599 04/05/09 04/05/10 Bquip-ACV Per policy Allrisk DBD: Below D!SCRIPTION OF OPERATIONS I L.OCATIONS IVEHlCL!S I !XCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS RB: Contract #09~518g-Forest Lakes HSTU Projects F45/F50 Drainage Swale Repair & Restoration. Certificate holder is listed as additional insured with respects to the general 1ibaility per the attached CG20330704 on a primary basis per the attached CGL0250403. A waiver of subrogation applies to the workers camp per the attached WCOOO313. *10 days for non-payment. CERTIFICATE HOLDER CANCELLATION COLLIBR SHOULD AI<< Of 1l-IE AIlUYE DESCAl810 POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL PlDEAVOR TO MAL 30* DAYS WRITTEN Collier County NOTICE TO THE CliRTIFICATE HOLO!R NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL PurChasing Department IMPOSE NO OBUGATION OR lIABlUTY OF ANY KlNO UPON THE INSURER, ITS AGENTS OR 3301 Tamiami Trail East Naples PL 34112 REPRl!Sl!NT ATlYES. NT A TM! ACORD 25 (2001108) @ACORD CORPORATION 1988 . General Liability Policy iCPPOOO4599 -I 1687 ...' COMMERCIAL GENERAL LIABIUTY . . CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLlCY, PLEASE READ IT CAREFULLY. - ADDtTIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU Thfs endorsement modifies insurance provided under the following; COMMERCIAL GENERAl LIABILITY COVERAGE PART A.$liricUe:.n 8!',.., ~q!.':J An IMw~t1l Is 8m~:~<i to B. With respect b1 theE~~urance' affor1:led, ro thet\'e " ,i:;.c!i..Ide as bi~~:\;,;1i'j~~~:s'Cd any p6n~m or l)r- 6dd1tlona! Insuteds. the foiiur.'itlg addlUoi 1l'J[ ~~~IJ" ganization for whom you are performing operation$ sion$apply. 'Nhenyou and such person ororganl:t:aUon have This insurance does not apply k): , i.l9reEo1d ln, "",iting ,In, a contract or agreement '!hat sucl'1~ or organization be added as an addl- '1. "Bodily Injury", "property damage~ or .personal " , ;' tlonalln$ur8C:lon your policy. Such person Of or- and advertising 1njUlY" arising out of the render- ganization is an additional insured only with r&- ing of, or the faMure to re~, any professlor1a1 spect to llablityfor "bodily injury", .property architectural, engineering or surveying ser. damage" or "personal and advertising Injury" vices. including: caused, in whole or in part, by: .. The preparing, approving, or failing to pre- . 1. YOI.J' acts Or omissions; or pare or approve. maps, shop drawings, 2. TIle acts or omissions of those acting on your opinions, reports, surv.. field orders, change orders or drawings 8n~ speclflca- behalf; tlons;or in Ihe performance of your ongoing operationS for b. Supervisory, Inspection, archltectu"al or the additional insured, , engineering activities. A person'.. or organizatlon's status as an additional 2. "Bodily IniJrY' cr "property dam2!ge" occun1ng , insured. under this endorsement ends When,. your" after. ~eratlons for .ttJataddltJonal Ineured are com- a. All \W)rk, including materlals. parts or pl&ted . equipment furnished in connection with such work. on the projeCt (other l1an ser- vice. maintenance or repairs) to be per- formed by or on behalf of the addiional in- ;t:: - ' sured(s)althe IocaUon of- the ooyered operilt!i')({i';I~S.~i€l{:;~pIet8d;re . b: 'That portion of ''your work- out of which the injury or damage ariael has been put to Its Intended use by atrf person or organization ~~~M~~~~~M~OOoo~ tor engaged in performing operallons for a prinCipal as a PEri of I1e same prqect. e . CG 20 33 0704 o ISO Properties, Inc., 2004 Page 1 of1 IJ . , , I ' 1 COMUERCIAL GENERAl LIABilITY 6 8 7 . , General Liability Policy #CPPOOO4599 CGL 025 (04 03) nus ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS - PRIMARY/NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAl LlA81UlY COVERAGE FORM The fclla~vlng r~ i-ilJd$d t() SECTiON rv' ~ (;0i'il!~G Geriera! ~~iili''VCorld"lon8, PSnilgrapn 4, cr.titled . :-~.I'" " I Ineurant:EI",' SUbsectiOfi b. entitled "~S Insurano.u " paragraph:'~1J:' ,', . . "~, 11\1& inauranca is excess over: "." , , (e)Ariy oIherlnsurance naming an additional insured ..em il'l.w~ on a primary basis, excess. COI'ltingent or on .,y other basis wiess a written contract speCific8By requires that thl8ln~rance be pnmary ancl noncontr1btJtlng. The. written ccmract must be currently in ekt or b&come effective during the term of this policy and must be executed prior to the ubQdily injlJry~, .property damage" or~personaJ and " adYerti$ing injury." " ., ,.,.~ CGL 025 (04 03) Includes copynghted malerilll of Insunance Servi<:e$ O1Ice. with Its pennission. Page 1 of 1 ,..- J6J37 .. . .. WOIlI<I!M _..J48ATION MlO BFl.()'tEM1JMIU1Y"lIiIlMI\NCE~ ..... ..... Earth Tech Enterprises, Inc. PClIclJ' NlIIII:let': 56679 . " i JaenI:r NIme: 1117, a1st -.GWMQtl %UUnDce 1 - , 1WVI!IIl CP OUR IUIIHllOMCDVIIl.-.oM ~ INDORIJJ W-r i I I We Mve lie 11811l" ....., OW pltllllQtI tarn __ ... tar .. ",,'ClIW8I8d by 111II,... "..... .... _ _ ..... lit ..... or .......j __ III tie ...... ". ..,.,... ..... onIJ 10 .. edIrIt.... JOY'''''''''' .... ..... COIftCl........ JG'I" __ MIIW'''''''' 't'Clm Ut. 1111I............. _..... dll8CllJcrlndflilally1D ......'...... __'.1M........ I " r. ~~-.l: . ~ ,~. . . 1"_ > , , :.t ;.' ~ c:::lIftD'ICUS BlUaat ". Collier County Purchasing Depart~ent ~ " .JCl8 Bl'.IZ. . . Contract #09-5189 - Forest Lakes MSTU Projects F45/F50 Drainage Swa1e Repairs & Restoration . I . ,,{ ,,'. ','. .A ~:'~ ..~.... "..,..,,,, u""/.' ,..Ii""""'''' -..", ~,~~_~~~' i."e;jQ'E"::.::.IC!;,. _'''-'~''.-'~ -s,,',-;~"",~,,;"~'.{.'!':._.~...~':::"'~-' 'r,-;i.~~i(.e-....~ .-:;.' .', ...,"'~_ _'.'~ '-"~,iI,. "~' .d . . . ". , "oj,. _, ~. '~. '.~. ' - --Illy. ~ ~ C:.... US10 , r w: .. as 11 I CopJdght t_ ........ CiOUnllIltft ~...eIIIcI\ .....IQI i ..... ... ! ! 1687 EXHIBIT B INSURANCE REQUIREMENTS (1 ) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. 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 1687 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? IZI 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 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. D Applicable IZI Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. D Applicable IZI Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? IZI 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-3 168; D Applicable ~Not 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 ~ 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 1687 rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? [2J Yes D 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 1687 EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 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 16B7 EXHIBIT 0 FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: % % Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ = Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ 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 ~~-- (/) w ::>> ...J <C > LL o W ...J ::>> C W J: o (/) ::c Ql ::J r::: ~ r::: o ~ o - ~ l[;'li ,~i ,?) ~ Cl> J:l E ~ 0 - I- u " "5- s .g a: t3 &. Wo ...JC>...J <(<(W I-Z:I: o <(:I: 1-1-1- ~~ W C> S ~ ~ ; I <( 1l ti:i ~ a: ~ w C> ~~ ~<( I- W a: W:I: OU) Zz <(- ...JlL. <(0 all- I-W ZI- wW 0...J a: a. w:l: 0..0 o Oc ...J~WW <(Wn:1- I-...JO<( 00..1-0 1-:l:(I)O 8Cl/l1- o~ W<( a: a: Ow 1-1- U)<( :l: o W I- W ..J a. ~ o u ~ n: o 3: o (1)0 i:o:: I-W a. U)W zl- 0<( _0 I-w <(0 ~z ...J- o..U) a. <(w U)I- ::><( 00 >::> wa: a::I: 0..1- o W ...JW ::>::> O...J w<( :I: > o U) z o i= a. 0:: o U) w o II ex: :l:W wal f-:l: - ~I I I I I I I I I I (/) Ql E o o ~2 (/) ClI .~ 1ii ~ ,!Q ~F '(ii , _ r::: ~ E .... ::> 00 r::: 0 ,Q Ql 010 ~o Ql Cll ~ 0 o .5 Cll(f) (/) Cll ClI.c Cll- (jj ,= ~~ (/) 0 (/) ClI Clla. 5 .~ Cll2 - ClI '*" Em 8,s (/) lii ,- <I:: U ClI ClI r::: .bo c+:i o ClI o E Cll ~ ~~ c . ::> r::: r::: E o ::> ~8 E Cll ~ro ,= 0 = ::> ClI.c Clll- o Cll ~,s r::: ~:; ::> Cll ~~ Clla. Q) .~ ~~ !Q ~ - 2'm ~~ :::::s .5 .c!!! I- c Cll ClI .c .c 1-0 cn~ r::: Cll ~:5 ClI.... o 0 '8* <(" ~ ~ ~ 0- ClI .- 0 c ~~2 a... :::::s ~ OJ c c " .Q ,- croQ) ::> E g> Ul ~ ClI E~-5 ..:!=Cll groE g ~ ~ .r:;~'= ~ a.~ _ ClI Cll ~ .c r::: .8 ,!!1 ~ c:5 0 _01+-00 ~-..c ~~~gj A-.c I tij .8 }g r ~ (f) ...J <( I- o I- 1 - - I I I I I 1687'_ N o .d: o U (9 '0 I- o U (I) c:::: t/) iii '': (I) "' :liE '0 (I) o ~ - (J) --- -0 (]) :J ,~ C o ~ o ..a :.c x w lo I I I 1-- (1)- uS W c:: t/) lIS c:: lIS In I I I I I I I I - '0 W '0.2 (I) l- II _ (I) Ooiiill. Cii 0 c:::c I- () llJ_ + ~'O <( 0(1) .. ::::l = CO 0 lIS 'S () .- _ E > 0 L- ~ c:: o ll. LL '0 '0 0 (I) ..: > Q) llJ 'Q) ll. u 0 I ~~ ~'O t/) Q) ::::l > o .- <( .- ~ > Q) ~c:::: ll. lilt '-- I-- f---- I-- f--f-- I- Q) Q) U,g .0 E > ::::l C::z --- --- ---- I- Q) Q. c. ::::l (J) - I t~ c:: o ;; c. ..: u o Q) o 1-- I I I I I II 1 I I 1687 --- --- I-- f-- --- ---- I-- I I--+---- --- - I I (") I o <t () I () (') I I --- - -~ ~ II I IU-LLLU I L~'I L 1687 EXHIBIT E CHANGE ORDER TO: Project Name: Bid No,: Change Order No.: FROM: Collier County Government Construction Agreement Dated: 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: Design Professional Date: Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Director Date: (For use by Owner: Fund Numbe~ ) Cost Center: Object Code: Project GC-CA-E-5 1687 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No, Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents, The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC-CA-F-1 1687 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 GC-CA-F-2 EXHIBIT G FINAL PAYMENT CHECKLIST 1687 i Bid No.: Project No,: Contractor: The following items have been secured by the for the Project known as Date: ,2009 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. explanation. Acknowledgments: By Contractor: If NO is checked for any of the above, attach (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) By Owner: GC-CA-G-1 1687 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1,2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; 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: GC-CA-H-1 1687 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. GC-CA-H-2 16B7 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. GC-CA-H-3 16B7 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 respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held 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, GC-CA-H-4 1687 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) GC-CA-H-5 1687 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, GC-CA-H-6 16B7 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 GC-CA-H-7 16B7 Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 personnel; The hours of operation by Contractor's and Sub-Contractor's 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 GC-CA-H-8 1687 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 GC-CA-H-9 1687 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, In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all GC-CA-H-10 1687 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 Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing, Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. GC-CA-H-11 16B7 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. GC-CA-H-12 168] 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 GC-CA-H-13 1687 well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 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 GC-CA-H-14 16B7 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 therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and GC-CA-H-15 16B7 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 GC-CA-H-16 1687 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 GC-CA-H-17 16B7 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 GC-CA-H-18 16B7 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 GC-CA-H-19 1687 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 GC-CA-H-20 16B7 complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.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 GC-CA-H-21 1687 instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 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 GC-CA-H-22 1687 responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative 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; GC-CA-H-23 1687 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the 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. GC-CA-H-24 1687 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor 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, GC-CA-H-25 1687 availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and 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 GC-CA-H-26 1687 Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 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 GC-CA-H-27 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34. 1 . 12 34.1.13 34. 1 . 14 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 1687 Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment CoS~,,4 CQ~tProposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records I nspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. / (, GC-CA-H-28 1687 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. 36. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. GC-CA-H-29 1687 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. GC-CA-H-30 EXHIBIT I 1687 SUPPLEMENTAL TERMS AND CONDITIONS 1. The County may, at its discretion, use VISNMASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. GC-CA-I-1 1687 EXHIBIT J TECHNICAL SPECIFICATIONS GC-CA-J-1 1687 EXHIBIT K PERMITS GC-CA-K-1 1687 EXHIBIT L STANDARD DETAILS GC-CA-L-1 1687 EXHIBIT M PLANS AND SPECIFICATIONS FOREST LAKES MSTU PROJECT F- 45 DRAINAGE SWALE REPAIR AND RESTORATION SWALE NOS. 1- 6 AND SWALE NOS. 12 -17 PROJECT F- 50 WOODSHIRE LANE AND AREA DRAINAGE IMPROVEMENTS SCOPE OF WORK PART 1 - GENERAL 1.1 DESCRIPTION A. Scope: 1. This scope of work is provided by the Collier County Alternative Transportation Department herein referenced as the OWNER. The engineer of record for this project is Malcolm Pirnie Inc. (ENGINEER). For the purposes of this contract proposal the CONTRACTOR shall provide all labor, materials, equipment and incidentals as shown, specified and required to perform the swale grading and culvert replacement/installations including: excavating, backfilling, compaction, disposing of earth materials, restoration, grading, headwall construction and other activities required to complete the Work in every respect. 2. CONTRACTOR shall provide temporary restroom facilities (i.e. Port-o-Iet) for use by CONTRACTOR's employees during the term of the project, at no additional cost to the OWNER. Prior to delivery, CONTRACTOR shall obtain written approval from the ENGINEER or his representative for the location of each facility. 3. CONTRACTOR shall use on-site materials wherever possible for fill areas. 4. CONTRACTOR shall provide, install and maintain all temporary means needed to prevent discharge of sediment to water courses from dewatering systems, rainfall run-off or erosion. 5. No classification of excavated materials will be made. Excavation includes all materials regardless of type, character, composition, moisture, or condition thereof. 6. The Work includes, but is not limited to, the following: a. Excavation and backfill b. Grading c. Sodding d. Culvert installations e. 15" Pipe Installation f. Pipe Plugging g. Swale restoration GC-CA-N-1 1687 h. Modification of existing drainage structure I. Disposal of Materials J. Curb construction k. Irrigation pipe relocation I. Underdrain Installation m. Maintenance of traffic 1.2 JOB CONDITIONS A. Existing Structures: CONTRACTOR shall review all available drawings for location of surface and underground structures adjacent to the Work. The CONTRACTOR is responsible for the protection of these structures. The CONTRACTOR shall explore ahead of the required excavation to determine the exact location of all structures. They shall be supported and protected from injury by CONTRACTOR. If they are broken or injured, they shall be restored immediately by CONTRACTOR at no additional cost to OWNER. B. Existing Utilities: Locate existing underground utilities in the areas of Work. If utilities are to remain in place, provide adequate means of protection during earthwork operations. 1. Should uncharted or incorrectly charted piping or other utilities be encountered during excavation, consult ENGINEER or his representative immediately for directions as to procedure. Cooperate with OWNER and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. 2. Do not interrupt existing utilities serving facilities occupied and used by OWNER or others, except when permitted in writing by ENGINEER or his representative and then only after acceptable temporary utility services have been provided. C. Protection of Persons and Property: Barricade open excavations occurring as part of this Work and post with warning lights. Operate warning lights during hours from dusk to dawn each day and as otherwise required. 1. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. 2. The owner shall not be responsible for damage to personnel or equipment including; flying golf balls, or other golf course hazards. The County and Quail Run are additional insured. D. Dust Control: Conduct all operations and maintain the area of activity, including watering of operations, sweeping and sprinkling of roadways, to minimize creation and dispersion of dust. GC-CA-N-2 "'.' . '.. ", .'7. ' , " iC;[J ti E. The use of explosives will not be permitted. F. At no point in time is any equipment or personnel permitted to cross golf course without approval of the golf course manager. Under no circumstance is CONTRACTOR permitted to work outside of easement with equipment. CONTRACTOR shall be responsible for any damage done outside of easement. CONTRACTOR shall be responsible to repair damaged area to previous conditions. G. At no point in time shall play on the golf course be interrupted by CONTRACTOR. No more than one side of the golf course shall be improved upon at one time so not to impede upon use of golf course. When equipment is not in use, it shall be stored only in designated storage areas, approved by the ENGINEER. All turfed areas, fairways, landscaping, cart paths, pavement, gutters, curbs, sidewalks, roadways, or other areas disturbed or damaged by CONTRACTOR'S operations outside the specified work area shall be restored by CONTRACTOR at his own expense to the same condition as they were previous to the commencement of the Work and in accordance with applicable local and state highway specifications. CONTRACTOR shall coordinate his schedule with the ENGINEER. 1.3 QUALITY ASSURANCE A. Standard Specifications and Details: 1. CONTRACTOR shall conform to all applicable requirements of the current edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (FDOT Specifications) and Collier County Construction Specifications. PART 2 - EXECUTION 2.1 SITE PREPARATION A. OWNER shall provide bench marks for the CONTRACTOR's use. The CONTRACTOR shall grade the swale on a consistent gradient from high point to low point as noted on the maintenance plan sheet drawings. Deviations beyond 0.1 feet shall be re-graded by the CONTRACTOR at no additional cost to the OWNER. B. In golf course swale grading areas the CONTRACTOR shall clear all areas to be occupied by permanent construction or embankments of all trees, brush, roots, stumps, logs, wood and other materials and debris. Clean and strip vegetation, sod, topsoil and organic matter from subgrades for fills and embankments. Wherever possible, CONTRACTOR shall minimize the Work area and only disturb the soil in areas where excavation or fill activity will occur. CONTRACTOR shall minimize the removal of trees. Consult ENGINEER or his field representative prior to removal and relocating of trees. Trees should be relocated the same day as extraction. Waste materials resulting from GC-CA-N-3 1687 grading activities shall be removed from the Site and disposed of by CONTRACTOR and should be included in the CONTRACTOR's unit price for the work. Burning shall not be permitted. C. In all other areas the CONTRACTOR shall re-grade and place sod in the swale and embankments. The CONTRACTOR shall grade the designated areas to match the existing trench cross section to minimize the Work area and in all cases shall only disturb the soil in areas where excavation or fill activity will occur. All waste materials shall be removed from the Site and disposed of by CONTRACTOR, and should be included in the CONTRACTOR's unit price for the work. Burning shall not be permitted. 2.2 UNAUTHORIZED EXCAVATION A. All excavation outside the lines and grades shown or as directed by ENGINEER or his representative, together with the removal and disposal of the associated material shall be at CONTRACTOR'S expense. Unauthorized excavation shall be filled and compacted by CONTRACTOR at his expense with materials approved by the ENGINEER or his representative. 2.3 GRADING A. General: Areas to be graded are existing swales that require increased depth or fill based on the maintenance plan sheets. The objective is to grade so that all swale inverts shall be a continuous slope from inlet to outlet elevations. Specific areas to be re- graded and restored shall be field directed by the ENGINEER or his field representative. B. Swale cross sections will be field directed by ENGINEER or his field representative. Swales will be graded to match the existing cross sectional profile with a side slope of 5H to 1V or as directed by Engineer or his field representative. C. Turfed Areas or Areas Covered with Gravel, Stone, Wood Chips, or Other Special Cover: Finish areas to receive topsoil or special cover to within not more than 1-inch above or below the required subgrade elevations. Disposal of excess materials are included in the pay item for this task and should be included in the CONTRACTOR'S unit price. 2.4 SODDING CONTRACTOR shall install ground cover in all disturbed areas as soon as possible after swale grading and compaction to restore golf course aesthetics and minimize soil erosion as field directed by ENGINEER or his representative. Golf course sod shall be clean, weed-free 419 Bermuda grass and shall be installed in accordance with the supplier's recommendations and to the satisfaction of the golf course manager. All other sod shall be clean, weed-free matching the type of grass in the immediate area of the work. New sod shall be placed tightly together and rolled. CONTRACTOR will top- dress, spray the sod for weeds and roll upon installation. Watering golf course sod should be coordinated with the golf course manager so as to insure proper rooting. The CONTRACTOR will be responsible for watering other sodded areas until the sod is GC-CA-N-4 1687 properly rooted or until the work is deemed to be substantially complete by the ENGINEER. The CONTRACTOR will be responsible for replacing any sod that dies or is damaged by the work. 2.5 DISPOSAL OF EXCESS EXCAVATED MATERIALS Material removed from the excavations which do not conform to the requirements for fill or backfill shall be hauled away from the Site by CONTRACTOR and disposed of in compliance with applicable laws, ordinances, codes, rules or regulations. This cost should be included in the CONTRACTOR's unit price for the work. 2.6 CULVERTS Contractor shall provide all labor and materials necessary to construct each culvert crossing. CONTRACTOR shall construct culverts along Swale #4 (one) - double culvert crossing, approximate Station 163+95, per Drawings and along Swale #14 (double) culvert crossings, approximate Station 309+55 per the drawings. All culvert pipes shall be standard 19"x30" class III ERCP. CONTRACTOR shall provide flared ends for all culvert crossings per FDOT Standard Index #250 - "Straight Concrete Endwalls Single or Multiple Pipe". The finished height of the headwall with flared ends shall be a minimum of 6" above the finished elevation of the restored cart path. The CONTRACTOR will paint the inside walls of the headwall over the cart path with latex paint as approved by the ENGINEER or his field re p rese ntative. Culvert installations shall include all components necessary to construct each crossing, including but not limited to: 19"x 30" class III ERCP pipe (per manufacturer's installation requirements), concrete, reinforcing steel, compacting, subgrade, graded aggregate and asphalt. Unit price for pipe installation should include all the items above including the cart path restoration and the removal and disposal of the existing culvert pipe. CONTRACTOR to saw-cut existing asphalt cart path and pave to match existing grade at cuts for each culvert crossing. Culvert installation shall be field directed by ENGINEER or his representative. 2.7 SLOPE STABILIZATION Slope stabilization along the sides and in front of the headwalls shall consist of rip-rap material as approved by the ENGINEER. 2.8 CART PATH RESTORATION Cart paths that are damaged as a result of this work shall be repaired/replaced to the existing cart path specifications. Normal cart path widths are 8 feet. Cart paths over GC-CA-N-5 1687 culverts will be per the supplied detail. 2.9 IRRIGATION PIPING ADJUSTMENTS Contractor shall provide all labor and materials necessary to cut, plug, and relocate existing irrigation piping within the golf course that may be encountered during the project. All this work will be as directed by the Engineer or his field representative. 2.10CONCRETE CURBING FDOT (Miami type) drop curbing, high back curbing, and valley curbing will be installed at location as directed by the Engineer or his field representative. The preparation, materials, and methods of curb construction shall be in accordance with the latest FDOT Standard Specifications for Road and Bridge Construction. Curb installation shall include saw cutting the existing pavement edge, soil removal /disposal, forming, pouring, and restoration of areas adjacent to the curb construction including re-sodding. 2.11 PVC DRAINAGE PIPE PVC Drainage pipe shall be schedule 40 pipe approved for storm drainage applications or A2000 conforming to ASTM F949 and FDOT specifications. All PVC drainage pipe will be installed at non-roadway locations designated by the Engineer or his field representative. Pipe shall be backfilled and compacted in 6" lifts or as directed by the Engineer or his field representative. PVC pipe installation cost shall include all work, excavating, backfilling, soil and sod restoration, and any concrete collar that may be required. 2.12 UNDERDRAIN The contract unit price for LF of underdrain shall include the cost of pipe, trenching, backfill, excess material disposal, stubbing into drainage structures, all fittings, aggregate, sock, filter fabric, yard drain box, underdrain c1eanouts, and area sod replacement. This project includes contractor supplied materials, and installation for 6-inch diameter polyvinyl chloride (PVC) corrugated pipe with a smooth interior. The requirements are intended to provide perforated pipe and fittings suitable for underground use in non- pressure applications such as sub-drainage and underdrains. PVC CORRUGATED PIPE Pipe with a smooth interior shall conform to the requirements of ASTM Designation F949 & F794 Dual Wall Corrugated Profile (DWCP) Pipe. Pipe and fittings shall be GC-CA-N-6 1687 homogeneous throughout and free from visible cracks, holes, foreign inclusions or other injurious defects. Pipe shall be manufactured to 46 psi stiffness when tested in accordance with ASTM Test Method D2412. There shall be no evidence of splitting, cracking or breaking when the pipe is tested per ASTM Test Method D2412 and F949 section 7.5. The pipe shall be made of PVC compound having a minimum cell classification of 124548 as defined in ASTM Specification DI 784. All fittings for PVC corrugated sewer pipe with a smooth interior shall conform to ASTM F949, Section 5.2.3 or F794, Section 7.2.4. To insure compatibility, the pipe manufacturer shall provide all fittings. All joints shall be made with integrally-formed bell and spigot gasketed connections. Elastomeric seals (gaskets) shall meet the requirements of ASTM Designation F477. For slotted, standard perforated pipe, the perforation dimensions shall be in accordance with ASTM F949 table Sand section 7.9. Pipe shall be laid at a minimum grade of .1 % and field adjusted as required by the Engineer or his field representative. FILTER FABRIC AND AGGREGATE Filter fabric shall be Marafi 700 or 180N or approved equal. Filter fabric shall be wrapped over the top of the filter media, down the sides and across the bottom to completely encase it. Aggregate shall be gravel or stone meeting the requirements of FDOT Section 901-2 or 901-3. The graduation shall meet Section 901-1.4 grades. 2.13 MAINTENANCE OF TRAFFIC CONTRACTOR will maintain the reasonable flow of traffic at all times during the WORK. Barricades, traffic cones and flagmen will be utilized where required to assure safe passage by motorist and pedestrians. INSTRUCTIONS TO BIDDERS: A site visit with the project engineer or his field representative is REQUIRED before bidding on this project. Bids received without a scheduled site visit will be considered non-responsive. Please call (239) 332-1300 to schedule. GC-CA-N-7 1687 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-8