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Backup Documents 01/27/2009 Item #16B 6 168 6 MEMORANDUM Date: December 30, 2008 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #09-5040R "Old US 41 Stormwater Improvements" Contractor: Dave Foote Environmental Construction, Inc. Attached please find the original contract, as referenced above, (Agenda Item #16B6) approved by the Board of County Commissioners on Tuesday, January 27, 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 252-7240. Thank you Vv<<- -z. \ \"'2-\0"\ ITEM NO.: O1~WC.o1 Jro U~HCi::: OF fHE 16 B COUN1Y4 HORNEY DATE RECEIVED: Z009FEB-9 11114:32 6 FILE NO.: ROUTED TO: REQUEST FOR LEGAL SERVICES S\Z, r-- ~ ~ DvN ~l;r or' I l-- r (b V ) DO NOT WRITE ABOVE THIS LINE Date: February 9, 2009 To: Robert Zachary Assistant County Attorney From: Brenda Brilhart Purchasing Agent 239-252-8446 Re: Contract # 09-5040R Old US 41 Stormwater Improvements Contractor: Dave Foote Environmental Construction, Inc BACKGROUND OF REQUEST: This contract was approved by the BCC on, January 27, 2009; Agenda Item l6.B.6 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 # ()'f- CHECKLIST FOR REVIEWING CONTRACTS f A'e-()/IJ 6 B 6 Entity Name: (lA'if J~/)/)7'i- {oIJ,irf!.OI0MflU (~ ('OiA)(,Tt,uC: Tto/u,jJ..:K~, Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCe)? Commercilll General Liability General Aggregate Required $ ~PPl,~~~~_ Products/Compl/Op Required $~_ ' I Personal & Advert Required $ __~~ Each Occunence Required $ I I Fire/Prop Damage Required $ ---SPt~~e- Automobile Liability Bodily !nj & Prop Required $2t-.'&,.cc Workers Compensation Each accident Required $ 'I'"";'''''' Disease Aggregate Required $__ ,I Disease Each Empl ReqUIred $ _'-'-_ Umbrella Liability Each Occurrence Provided $.~}_C~~) 000 Aggregate Provided $~_o,X' I)()C'_ Does Umbrella sufficiently cover any undcrinsured portion? f Professional Liability Each Occurrence Required $ Per Aggregate Required $_ Other Insurance Each Occur Type: __ _ Required $__ County required to be named as additIOnal insured? County named as additional insured? Entity name correct on contract? Entity registered with FL Sec. of State? Indemn(fication Does indemnification meet County standards? Is County indenmifying other party? Provided $_,,2._ /J(?"j-c<'<'_ Provided $ ______I~_ _ ______ Provided $~(lu)f)D_~ Provided $ . _ _ _~ 1______ Provided $ ~,:;; ~PQ_~_ Provided $ ~-4""<' Provided $-'J-1h2<~"'- Provided $ ___-----'~_____. Provided $ I I ,,/.' Yes V~Yes No No ~es v"Yes LYes VYes Exp~ Date ~J:{/, ! ~C( g~g..'t ~ No No No No Exp Date _CI;/t / ty( Exp Date --'lvLfL ~"* (e.th,o,,,,c. ..\t><>U) Exp Date_~l___ Exp Dale ___-1~___ Exp Date 't~_ Exp Date -'-2'---- _ ~Yes Provided $ Provided Provided $ ~vYes ----0' es Performance Bond Bond requirement referenced in contract? . \\ IA If attached, expiration date of bond __~ .. __._~___ Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? No Exp. Exp~ Date Date Exp Dale No No /Yes Yes No _"",~N 0 Yes ~No Yes Yes No No __'LYes ---1/_ Y es ,,/Yes . f -~ \LYes ~ n 1i~f\;------- n_________~ ----""'_yes _~Yes \L_Yes V"Yes No No No No No No No No _ ReViewerlnit~__ Dol' diuJiui 04-COA-O~03(J-!222 www.sunbiz.org - Department of State Page I of2 6 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on list Return To list No Events No Name History Entity Name Search Detail by Entity Name f:lorida l'rofi~_()rporati~,! DAVE FOOTE ENVIRONMENTAL CONSTRUCTION. INC. Filing Information Document Number P97000063720 FEI Number 650771121 Date Filed 07/22/1997 State FL Status ACTIVE Principal Address 5594 6TH STREET WEST LEHIGH ACRES FL 33971 US Changed 01/06/2004 Mailing Address 6091 GREENBRIAR FARMS RD FORT MYERS FL 33905 US Changed 04/28/1998 ~E!.9!~tere~:L~aent Name & Addres~ POMEROY. GREGG J 1701 WEST HILLSBORO BLVD DEERFIELD BEACH FL 33442 US Name Changed: 01/06/2005 Address Changed: 03/29/2007 OfficerlDirector Detail Name & Address Title PRES FOOTE. DAVID G PRES 6091 GREENBRIAR FARMS ROAD FORT MYERS FL 33905 US TitleVP FOOTE, JAMES J V.P. 217 SW 44TH TERRACE CAPE CORAL FL 33914 US TitleST FOOTE, DAWN L SECfTRS 6091 GREENBRIAR FARMS ROAD FORT MYERS FL 33905 US !'l- n n ua ~B..E!ll()r..t~ Report Year Filed Date 2006 04/10/2006 2007 03/29/2007 http://ccfcorp.dos.state. fl.lIs/scripts/cordet.exe?action=D ETFIL&in~ doc _nllmber=P97000... 2/1 0/2009 " "www.sunbiz.org - Department of State 2008 04/01/2008 Document Images 04101:200g -- ANNUAl.. REPORT U3:2~-)<:~UO'? .. ANNUAL F{EPOq-' (q/l(QOUG AN1'>jUAL REPC)R- Oi/(X>2005 ANNUAL HEPORT UI/0d:2UG4 f\NNUAL REP()r~l 01/1 :1'2003 ;\NNUAl HEYCRT 0',12(,\)002 /\NNUAL F~EPORT 03iOb,'200, ANNUAL REPCV;;T 01j19i20Cn ANf\JUl\L r::EPC)f;Z'! U3/29.' 19Dq t\NNUAl~ REPORT 04i2;-3!'199d ,- /\NNU..'\L REPoru 0/:22.'1991 -.- Domestic Protit Artic:es I Page 2 of2 168 6 ." I I r I I I [ [ r I I View image in PDF format View image in POF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format ~ote: T.his is not official record. See do~~;:;'-;~~if:~esti~n or conflict. I Previous on List Next on List Return To List No Events No Name History Entity Name Search http://ccfcorp.dos.state.fl.us/scripts/cordet.exe'?action=DETFI L&in~ doc _ numbcFP97000... 2/1 0/2009 16B 6 ACQI1/)~ f'HOl)ll!'..ER {352} 307-6736 Don Nott~ngh~ & As50claL~9 11415 gE 62 Av~nuc In.3uranc~ Ag...ncy 1l4Tb (MUlt}OiYYYYj 02/11/2009 THIS CEIl11FICATE IS ISSUED AS A MATTER or INFORMATION ONLY AND CONFERS NO RIGHTS UPON fHE CEAflHCATF HOLDER. nus CERTlEICAIE UOES NOT AMElIO. EXTEND OR ALTl"fl THE c;oVF1'IAO.F AFI'ORDFD av THE POLiCiES BELOW. CERTIFICATE OF LIABILITY INSURANCE Bellevicw 1N:".11Jol1'l) Dave 6091 Foote Envixonmental Grcenbr~ar FarrnE Rd Constnlc:tion iNSURERS ~f()HDING COvERAGE 1~$011e'I1A B::..~~a:~~~~l ,f~1:t?yt!T",::> 2,$!..i.lij/iij NAle. T",,~ }1~7 Ir-.~AJPf~ i"t. erg COVERAGES THe POUCiES OF ih\"iuAANCr! If.TH) CF10W hAV", bcr:N ISSC..'LO TO i'HL iN'J:l,.H-lbO NA.\1EO I\SOVE FOR 11* F'OU:::Y PERIOD INO!CA'1"FD NOWITTHSTANmNG A"ti AEOvIAEMENT, TERM on COl'\ionION Of J;f,')' CO!'lTHACT OR OfHEf1 :>OCUMEN7 WrTH ~i!SPECT TO VJHfCH THIS CERTIFICA:E MAl{ A~ Of! MA'r PERTAIN, THE INSURANCE Aff'ORO!;:D f~Y THE POlJCiES DESCHHJCD HEREIN IS SUa.JECT TO ,AU T>-iE TERMS, EXCU;StON.::1 A.Ni) CQNtl!1'10NS mF~H pO..JetF:: ACG~aATF UtHf$ SHOWN M.W Hf\Vf, gr,'t'''i Rl.')J'~'Cf;O 8Y PAlLl Cl/\jMS. f~ ~~I~""-" . ~~;f-~"F 1l'JSl.IMNC2 POUCY NUMD(fi Gc;W;mA.l.UAOl!JTY FI. 33905- i"SuFEW'::' J II\J,UI'l[" ". iPOUC'l' errteTIvt POWC"i EX"IRAliON~ , bAn MM-bn:V'r, DAti! MM1tIo. 1 I I I I WMfTS ",,~s:~gc_!;::'??5ii~9X ~~iJ9~~~~1 I: ANY A;'::'~' I I I I 1.{O:~;.~'?:i'.~~ .""",.".,.".\W> , P':~SO";Al il. AGV WJJ;~::'-.~ , ~.._~-_._---~. I I I I q2~Mt A.'?CI'\E(",p,,'( PRO[J'!CS. i~:'P::"~P9 I I I __I f f I I C(JMf\ir..ffi '?<NG: t /1M!; (1'11- r~~\r. , f I I / AO;)i.~ ~.t"'.( (P,,, 1-'<'<"'" , f I / f &;::;;!,'" 'No;:"'.'; (9'>;1 !l(:d,J>mO , I I / / PROP;'r,1"Y CA,\lAOf {P.. !J~jo;""n /<.}JTCCN!,,'1 SA ACCl-OE.'-,-<f f I I I ')1 "'I:i:;\ "'.AN .y\.!.'.yq $" ._m__'__ ;l:;iC:;/:"f AGG , I / / , I I I I AurOMOftllt ll^DILJTV hi.!,Ot''',fDNI,O<: SG1"~~'\.I:..L.l.1 il'J~ (I" J t"r\rCi ."Jro:: NI)N{)WNl:iJt,VY():: f. ... __A' , I CAMCe UA9Ivt1' Ii, . '''T^ W,~N~~'''' '..' , , . i i EXCE.S&VMOtlELL.JI. U.~it.rr'f ~ --: I <.<Ce.:,;>; , ',..",:!,'~' MA);~ t.l.. <,OAC"1J\ :>liNT l,OOO.OO! ",_~'.E.O~! 001 1,000, ':llJi IIA',YJ,;d\' A I nt;T[!,;,-rlcr~ WQRKfiJilS CQMPfimAfl<,N Me E:Mr>l.Q'ftRS' UAi)IUT"Y $30 40 1~1,l 01/12/20091 01/12/2010 . , . x I / / / L;:!.5:,:A<;J f..A EMPLOYEr L_~ O<$i:.>\$L.. I'f-JUCV :./1'",\'1' t '-M'" (JT,"(..n I I I I I I I i , r>>'SCRll"flON 0;; OPEHArION$:l(.>CATlON$..V(i.jICLlSS;EXCLUSiONS ADDEO av r::NOOA$.EME.N'r.'t,P-EC1At rr,-oVl$lOl'iS I I I I I CFATJFlCATF:, HOLDER (2.19) 252-8446 Colli.cr County CANCELLATION (239) 252-6697 SHOULD ANY or THt AGO'It n~"T):l;a:D f'QL!t;.lfS PI' Cf.r-;c~LU;;o aE'JiORf' fHI' ;;XPll'lAlJON nln!' TII!;flfO;;. THt f:V;~lfoJC 1N:.1V~f:.l>l 'Ml.l CNOf'....vOA TO MAtI. ~ fN NOnc,. TO n1< Cf'.m,."lCAIl HOIDLR NAMUJ TO HIt Lfy-r. O".IT Rrenda 'Rri 1 hart 3301 T~~ami Tr~il E lNSUn.Cn., AUy~ N. ie. FL 34112 ACORD 25 (2001100) 1N'::',0?!3 168 6 IMPORTANT it the certificate helder 1$ an ADDITION^L INSURED, the pohc.y(lcs) must be (}ndOfs~t ^ statement en this cen'ilcale does not cenfer fights 1<:'1 th~ certificate hotdN in l'ieu of such fmdorsement(s) It SUBROGATION is WAiVED. fubl~ct to the terms and cooditiom~ of thti policy, celt-si/1 po~icjes ma.y mqurw cH) ondorsement A statement or, this cel1ifcate doc;; not confer riqrts to the r...."!rtific..Clle ho1dcf in lieu at suCh ondorsement{ s) > DISCLAIMER The \..-ertii:cafe 01 Insurance en the reverse side of this form does not COl"~titi.ltr; a contract betwEH?'f1 It,e issuing l"lsurer{sJ. authcM2ed mpmsentafltv O! producer, and the oortificate holder, nor does i1 alfirrnatlve1y or negatively amend. extwld Of a.fter the coverage attcrded by the policiz.!s listed Iharaon ACORD 25 (2001/08) INSOZi \c"':.f-,l,C( AMS 1"'\;j('Z\J1Z 168 6 MEMORANDUM TO: Jeff Walker/Ray Carter Risk Management Department FROM: Brenda Brilhart, Purchasing Agent Purchasing Department DATE: February 9, 2009 RE: Review of Insurance for Contract No. 09-5040R Old US 41 Stormwater Improvements Contractor: Dave Foote Environmental Construction, Inc This Contract was approved by the BCC on January 27, 2009; Agenda Item 16.B.6 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: Val Prince, Stormwater 1\. () i ~ko hf~"'iiA( 1 u (€.c~.\\I€.O r t\ 'U ~ 'l.'U\\~ ~t..'O ~\-.t.~~\ ?\s't-. \-.t.l\~f>-G Old US 41 Stormwater Improvements COLLIER COUNTY BID NO. 09-5040R COLLIER COUNTY, FLORIDA Design Professional: Q. Grady Minor COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 168 6 168 6 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 0: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Q. Grady Minor and identified as follows: Old US 41 Stormwater Improvements as shown on Plan Sheets 1 through 18. EXHIBIT N: Contractor's List of Key Personnel 168 6 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Old US 41 Stormwater Improvements COUNTY BID NO. 09-5040R Separate sealed bids for the construction of Old US 41 Stormwater Improvements, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 22nd day of December 2008, 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 10:00 a.m. LOCAL TIME on the 10th day of December 2008, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Old US 41 Stormwater Improvements, Bid No. 09- 5040R and Bid Date of December 22, 2008. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding 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.neUbid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed GC-PN-1 168 6 and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and twenty (120) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 22 day of November, 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director GC-PN-2 168 6 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-1 168 6 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 Reauirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Riqht to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Siqninq of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. GC-IB-2 168 6 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. GC-IB-3 168 6 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 Reauirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not GC-IB-4 168 6 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 Collier County 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 County 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 the 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 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 GC-IB-5 169 6 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 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. GC-IB-6 168 6 Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the 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 on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. GC-IB-7 168 6 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 Entitv 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 ";'\ 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 16B 6 ADDENDUM DATE: December 17, 2008 TO: Interested Bidders FRO~ Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 2, Bid #09-5040R - Old US 41 Stormwater Improvements Addendum #2 covers the following change for the above-referenced solicitation: CLARIFICATION: .11: Rip Rap Blanket -- An approved filter fabric shall be utilized under all rip-rap areas except where the presence of standing water precludes its use. ~: Channel RealignmenUConstruction -- It is intended not to bring any fill material to the site (with exception of special materials required for pipe backfill, pavement restoration, etc). Where possible any excess material will be utilized on site to raise shoulder areas and water management berms. (Unless Contractor has the desire and ability to remove the excess material). ~: Bid Alternate -- This Bid Alternate is for the additional sodding of the Right-of-Way in lieu of hydro-seeding. The base bid is for hydro-seeding the entire width of the north side of the Right-of-Way with exception of a 3' strip of sod adjacent to paved areas and rip-rap areas. Under the Bid Alternate all areas with exception of the ditch bottom, paved area and rip-rapped area shall be sodded. Note that the 3' strip of sod included in the base bid shall remain. Attached is the bid tab from the prior bid. If you require additional information please call me at 239/252-8446 or bye-mail at Brenda Brilhart@collierqov.net. cc: Val Prince, Project Manager 168 6 I; " .0 ~8~ 8~~~~_~~~i~__~g~_~6 > ~~G~~~~~~r~~~~~~~~~~G~~ 00 ~~GGG~ m - . < 8 8 -.... .. - ~~ ..w_~_ ~ ~~g~~~~~~8~~~~8~g~~~~~~ S& g g8888888888888888888888 88 " ~ 8 " . -8 . . 8 I -g -~ . . I; ~ 8 . . 't ~ . " ~ . . 0 8 0 e~ t !!I~ ~.~ ~ [!l ~g 8 0 ;:l~~!1 00' !P,2. ~i~ ':'lair .-, -~! o . c , .' ~~ ~. ~o ~ 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 168 6 ADDENDUM DATE: December 2,2008 TO: Interested Bidders FRO~ Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 1, Bid #09-5040R - Old US 41 Stormwater Improvements Addendum #1 covers the following change for the above-referenced solicitation: CHANGE: On November 25, 2008, Lee County approved a reciprocal agreement with Collier County to allow for Lee County businesses to be eligible for Local Vendor Preference (L VP). Any Lee County businesses that hold an occupational license within Collier Countv, and meet the other LVP requirements (see Affidavit in bid package), may be considered a local vendor. If you require additional information please call me at 239/252-8446 or bye-mail at BrendaBrilhart@collierqov.net. cc: Val Prince, Project Manager 168 6 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Old US 41 Stormwater Improvements BID NO. 09-5040R Full Name of Bidder Lu\l€ \TI-fre. El\lliIOl\(Y\r 1\1.-0.\ tol\;hL\C1-\Oil, If\c. Main Business Address l.9D<11 ~(eeh Dfl'f)( fDff\\'lkd. ~l m~er~, r l '3;\Q05 Place of Business 5'SQ4 lJ-\-I1~. W. Le h;~l> ~Ui';). ~l ;)'l'1l\ Telephone No. ,;Y3f1- ]G:>C(- LoI~Lo Fax No.<) 3q- 3(gq-751Ifl State Contractor's License # CJ),t 1J;:l44L/l To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your bid pages. GC-P-1 , Proj. Mgr.: Val Prince BID # 09-5040R Old US 41 Stormwater Improvements 168 6 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 Mobilization/Demobilization 1 LS 32538.22 $32,538.22 2 Stormwater Pollution Plan 1 LS 14575.22 $14,575.22 3 Maintenance of Traffic 1 LS 10349.75 $10,349.75 4 Project Signs 2 EA 561.45 $1,122.90 5 Clearing & Grubbing 12 ACRE 1965.07 $23,580.84 6 Temp/Perm Utility Relocation Sterling Oaks Water Main 1 EA 9802.14 $9,802.14 7 Temp/Perm Utility Relocation Sterling Oaks Force Main 1 EA 5458.23 $5,458.23 8 Utility Main Concrete Encasement Pad 6" Main 70 LF 12.92 $904.40 9 Utility Main Concrete Encasement Pad 8" Main 70 LF 12.92 $904.40 10 Traffic Sign Removal/Reinstallation 1 LS 2283.97 $2.283.97 11 30" Culvert Removal 460 LF 15.61 $7,180.60 12 36" x 60" Culvert Removal 100 LF 21.4 $2,140.00 13 12 x 18 Culvert Cleaning 50 LF 22.46 $1,123.00 14 24" Culvert Cleaning 320 LF 11.23 $3,593.60 15 Ditch Inlet. Type C (With MES Removal) 1 EA 1076.74 $1,076.74 16 Ditch Inlet, Type C (With Flume Curb) 1 EA 2046.81 $2,046.81 17 Miter End, Existing 24" 1 EA 449.98 $449.98 18 Miter End, Triple 36" 6 EA 4553.15 $27,318.90 19 FOOT Headwall 18" 1 EA 898.2 $898.20 20 36" RCP Culvert 996 LF 74.17 $73,873.32 21 18" RCP Culvert 40 LF 27.36 $1,094.40 22 Valley Gutter 30 LF 51.03 $1.530.90 23 Rip Rap Blanket with Fabric 5835 SY 23.34 $136,188.90 24 Channel Realignment/Construction 6160 LF 20.74 $127,758.40 25 Clear/Regrade Sta. 2+00 (South) 1 LS 12359.77 $12,359.77 26 Drainage Swale Regrade 45 LF 15.7 $706.50 27 Guardrail (with Misc. Asphalt) 1025 LF 32.55 $33,363.75 28 Guardrail End Treatment Flared 2 EA 3368.7 $6,737.40 29 Guardrail End Treatment CRT 6 EA 3480.99 $20.885.94 30 Sodding (Edge of Pavement) 2300 SY 1.52 $3,496.00 31 Hydroseeding 10 ACRE 1711.86 $17,118.60 32 Asphalt Pavement Overlay 900 SY 13.38 $12.042.00 33 Gravel Access Road Restoration 165 SY 12.69 $2,093.85 TOTAL BASE BID II $596,597.631 i~I\CI Ie?; $63.080.00 $13.694.88 $645,982.75/ ~2-- Do.w.l. G. lLOte 'CX:\\;e 1=OG* E,,\; I(C(\ "'''''\0..\ CQrI"l;uc+;C(\, -:L"e 168 6 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. 2. ~tP P:pe l.A\\i\-ed. ~G\\c:, LD("'(xek 3. ?\~('(l"'\ S\-rl;(\'U((\ f t'O.'\\'o.\ \)(e cas-t 4. 5. Dated~ ~~~;~'~\~~~. GC-P-3 168 6 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 cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. 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 further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Cateqorv of Work 1. Subcontractor and Address ~;\\feLJ ~ 1=\s~\\\ tillimn ~,,\~ I(\(\, t ("(j~).fr\(\C), LlG 1cJ110'S. (\elJe\o.f\Cl (wI/.. S,,\h (905 I ~~. (\\,;u"'> fL, lIu\-w;f\ "Wu~;e:,> - 1\<'\"\\ 1'i\();(\\;(\dRo~i.>~Ol \\. ~e"s , \=L ;)69 \"6- Ar-"~ ?)c<;\!.,em-l- ,T.(y. - 14~61cr (11:(0 'Rd. R M~eJs In 5~1~ ('JUG '&~~\ o.C- 01<1 j:L IrJ'iloL\ K-\-J\(\e 1)\ - ~;\o- 'Spl\f\O,) I TL 0L\I'3!5 'me CGl\>no\ \1-,\A\l~ - l\~ E~\32>(\ ~e.. tJ,.. t'l\C)CK" . ~L ~~'1\ lIi 2. Guo.\cl\O-\\ I ~C\veS(\N\-\- ~:~;I1~ 3. (\'S\}\\C\. \\ 4. C,llfh ?1;}-;'i),.effi) rR- &11 L - \h\\~ (,,,,,,<'1 T((}..\'\'1L Cn (\-4 0 \ 5. Dated~ \Cj r ;:)C()'i; BY: IC:~Gn ,In::. GC-P-4 16Bt6 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 1. \-l~ 1?roct lUi'AelI \rLj -lee f Ct\li.er 2. S\o..\-e. 'kcC!..-\-e 1'1, - DN+\\ N. \v\Yi'(<., n 3. OltiJ Gw..'S; \Y\;\\~- 1=t u.hlckr<hk 4. ~kl<()(\-\e- ffi- ~a\1'/\ ~o.l\\ Co($r~ 5. \JUO(\(l ~do.\l - ~p\e.) 6. T.""\n.~ R\\\( tv\;~~Q~'(j(\. n.(\'\cy:o Dated I'd \ \0,1<900'6' BY: GC-P-5 Reference Lee \\~(l\ ~'~I\C.t0:<I ~::ttkh fel-h <931- &:J1- liD] IU6t IU;l\(\ tD~o..c+;(\~ I<D\X(\-$6,('t.". q5~- &04-ClIGJlfl \)..-t;\\~ S ~<,~{'(\<; r (',{\.,,\{. IS;\\ :ihllld.\-\" ?:,~ -/l\~ - 350ci ~l ~ ~r'V ('(\ '> (' (,f\~\r. 1'),\\ ~l"'\,I, '(l.(-h, 35d-l4:i - "2>5ffi Lf'f \'\\(lX C DI1'Str. \\u -\-en k \ h 1;)']1- QCf1- n ;;)3 Pi kM ~c.X\u - 1[( at-\- \D(\ I(xQ{'-\- ;)2,cl-loq~ - IOCb c. ()"~. 1:" nc. l~ 168 6 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 Measure (Description) Units of Measure (LF,SY) Unit (Quantity) Unit Cost Extended Cost 1. 2. 3. 4. 5. TOTAL $ Failure to complete the above may result in the Bid being declared non-responsive. Dated Bidder BY: GC-P-6 168 46 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ITB#: 09-5140R Old US 41 Stormwater Improvements STATE OF FLORIDA and the COUNTY OF COLLIER BIDDER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE REGULATIONS THERETO. AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY; "Local Business" means a Collier County 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 County 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 the 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 the 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 County: 1C\C\i Number of Employees (Including Owner(s) or Corporate Officers): l..\O Number of Employees Living in Collier County (Including Owner(s) or Corporate Officers): 1'5 GC-P-7 16 B ~6 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. 1hl.le h:Dk EfI\li(((\~C1\ C r\l\:'5h1IC+;UCI, J::f\c. S-, ~~-:-~ ~YL Signature Yres\D..e (\-t- 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 +n Day of \JeL~\'(\\)E'( , 20 0'6 . ~Q~ ~QAQ Notary Public My Commission Expires: \'{\o..lC.\\ ;),;)D \ cl (AFFIX OFFICIAL SEAL) ....~....., ,KATIE . " Noleoy Pub"" . 8lIle 01 FIoftta . . IIrC-e.,n.Mot2,201 C......'..Ion. DO 713111 .. . ~ 1l.lldllfn......__~ GC.P-8 168 6 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 to substantially complete all work covered by this Bid within ninety (90) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfullv Submitted: State of Ht',(;do.. County of _Lee m\\\r\ b. h::cle. , 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. DO",) \ d.. l:;L fi:rl-e , 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. GC-P-9 16B 6 (a) Corporation The Bidder is a corporation organized and existing H(';n@ , which operates under \':xl\fe ~ E:,w$OIIfYlemC\\ C-Dl\:'i-\wcA-'\O(\. :DI(. officers are as follows: under the laws of the State of the legal name of , and the full names of its President L:$..\j;J b. ~k Secretary \)o..W(\ L.-. Me Treasurer bo.v..JY\ L- \1:cl-e. Manager uo'l'<\es j I1xlte- The '\1e::';d~(\1- is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken ~ - I") - Q'Y)1.\ , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED [XJ(('('(\IJQ~ 1<:1, QOO'i; D1 \(<? 1Jn1< E,,\ \ I If ('\(\ \'Y\ C (\+(1 \ Col\S\( ex.. -t:01\ , legal entity 1--f'.(. GC-P-10 168 6 \ c.oI\~V l +; (}f\, If'{. c Witness Slg ''?fe0'\~\'\'\'- Title STATE OF nCld6iA. COUNTY OF L-ee. The foregoing instrument was acknowledged before me this \C\ day ofl)ece(Y\()t'.i 200.x;by '1:::0.\]10. Got.l=cOte ,as~'S\de(\l' of l:n\w '\Uly\e C(\\J\rCl('\mef\to.\ (j:,(\;,\(.. I,(\t. ,a 'fl0({6o.. corporation, on behalf of the corporation. He/she is personally known to me or has produced pi\ic,('\I'-lIt I \L\\('W(\ as identification and did (did not) take an oath. NAME: ~U)V ( ignature of Notary) ~C\~~ V-h (cl (Legibly Printed) My Commission Expires: '('(\~(l'" Q, de, \ci (AFFIX OFFICIAL SEAL) Notary Public, State of I=h ,do-- Commission No.: DD,l.D;:)C\\ l.Q Gl ,M IIIWlD ~ PWIkI . 8IIIt 01 FIoridI . . MrConu'1 la . e.......'. 201 CUJII I .""'. DO 7mll . ~lIlnlogIl,.,.,.....,-. GC-P-11 168 6 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we DAVE FOOTE ENVIRONMENTAL CONSTRUCTION, INC. (herein after called the Principal) and WESTFIELD INSURANCE COMPANY , (herein called the Surety), a corporation chartered and existing under the laws of the State of OHIO with its principal offices in the city of WESTFIELD CENTER and authorized to do business in the State of FLORIDA are held and firmly bound unto the COLLIER COUNTY, FL. (hereinafter called the Owner), in the full and just sum of FIVE PERCENT OF AMOUNT BID dollars ($ 5"% ) good and lawful money of the UnITed States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Old US 41 Stormwater Improvements Bid No. 09-5140R NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and WIThin ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% AMT. BID 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. GC-P-12 C . J .( ;:;-!;:'1 '0.\1 'IIJU: I OAA7 'II 'J1n 168 6 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 18th day of DECEMBER ,200_8 C INC. Principal BY (Seal) Surety (Seal) DAVID G. FOOTE, PRESIDENT WESTFIELD INSURANCE COMPANY t2;~;Z/ ARTHUR K. BRODER,~~,~} ATTORNEY IN FACT Countersigned ~ -:c~ Local Resident PtOducing Agent for WESTFIELD INSURANCE COMPANY GC-P-13 b 'j "bn '0.11 'lUG?: I ann? 'f I 'JJn 168 6 POWER NO. 0992212 00 Genera.' Power of Attom ey Westfield InsuraRce CQ: Westfield Nationallnsuran'ce Co. Ohio Farmers Insurance Co. Westfield Center, Ohio CERTIFIED COpy Know <'111 Men by These Pme"". Tnar IV'ESTFIELD I>:SURANCE CO~IP,\NY, WEST,IHD CiA T10N.~L INStJJV,,'1CE COMPANY. and Of!lO fARlY1ERS JNSUR..A.i'iCE COMPA.."lY. corporations, hereinalioe[ refc::rred [0 individually as a -Company" and collectiYely <l:S "Companh:s." duly organized find e;clsring under the laws of tl1~ Srat~ ofOl1io, and llaving. their principal offices in WesIfield Cemer, Medina County, Ohio, do by the:s:e presents make, constitute and appoint ARTlU;R K. BRODER, ~IlCH"EL P. BRODER, JOINTLY OR SEFER\LL Y of DA VIE and Stare of FL thei, rru= and la\.~iUl Acrome}'(s)-in-Fact, with full power and authoriiy her~by conf.::m<:l in m('lr name1, plat:'=' and sreaCf, [0 eJ.:ccute. acknowledg~ and deliver 2.ny :lod all bond5, recogni:t."toce5, Ilndert.akings, or oth C'T inS(rllmrllts OJ" ,tOlllr;:lcts Qf snTery.ship _ *_ UHrrATlO;>i, THrS POWER OF ATIOR,EY C.".,OT BE l'SED TO EX(Cl:TE .,OTE Gl.,R..."TEE. :.10RTGAGE DEFrC]~,cy, MORTGAGE GUAR-':-;TEE, OR BANK DEPOSJTORY BO:\DS. and t.o bind any of me- CompSll ies therc:br as fully and 10 lhe same extent as jf ruch bonds we're signed b)' (h~ Pr~id.:nl, s~a!cd wilh th( corpOTB[e sea! of the IIpplicat-fc: Company and duly atte$ted by itS Secrer.nty, hereby ratifying and COnfirming all that the said Anorne-y{s}-ill-Facl may do in the pn:mlses. Said appoinanen! is made under and by authDl'jlY of the follo\.ing resolution adopted b)' me BOMd of Direclors of e<lch of ~e \VESTFIELD JNSURANCE COMPANY, WESTFIELD NA TlONAL fNSURANCc COMPANY. and OHIO FARMERS fNSURANCc COMPANY, ".BE IT RESOLVED. that the President, any Senior Ex.ecutive, an}" Secrcuuy or any Fidelity & Surery Operations EheCutjye, Or other Executive shall be and is hereby vested with full power and authority to appoinr anyone or more suitable persons RS Altomey(s)-inwFacl to represent and act for and on behalf of the Company .subject (0 lhe following provlsions: The Attorney.in-Fact may be given full pO',l,,'er and authoril)' for and in the: name OfM4 on bt:h.alf ofrhe Company. to execute, acknowledge and deliver, any. filld all bonds~ recognizances, cotWaclS, agreementS ofindemnily e.nd other conditionru or obligatory undertakings and any ar,d all notices mKI documents cancelling Qr lermioating the Company's Jiabillly [hereunder, and MY such insfruments so executed by an)' such Attorney-in-Fact sh~1l be as binding upon The Company as if signed by lhe President and sealed and attesled by the Corporate Secretary.'. "BE IT FURTHER RESOLVED, !h<lt the sig.1l1.rur~ of e.nys'uch designated person and !.he seal afme Company heretofore or hereafter affixed to any power of anomey or any certjfic-ate rda(ing !llereto by facsimile. and any POWtr.of anorney Of ccftificBle bearing facsimil~ signatures or facsim(f~ seal shall be vaLid a.1d binding upon the CompM}' wilh respect ro My bond or underm.kir.g to which it is arrachcd," (Each !ldopted at a meeting held On febnHuy 8, 2000.) In Witn.s, Wlrereo/. WESTFIELD fNSURANCE COMPANY, WESTFIELD NATION.~L ~SURANCE COMPANY. and DHIO FARMERs INSURA.NCE COMPANY have causcd thes(: presents ro b.: signed by tht'ir S,wiGr El.ccllth'c anrf their corporale seals: fo be hcreto affixed this 15Th day or April, AD., 2005. State of Ohio County tJfMedina ","""';;':'\iU""", "":'\.~\?"'"''~''''''' ~~1.'" "\~\ i~i SEAL i"i \. \. ./ /' ~~"<:,::~::~ ..::::.:....~~. f:;f.~~9,:~.~.~:~~~\ -i;j' );. ~:~;::::~:) WESTFrcLD INSURANCE COMPANY \\fESrrfELD NATIONAL fNSURANCE COMPANY or-no FARMERS INSURANCE COMPANY By ~~} Ridlar-d L. JGnu:alrd, Jr., Sen;or Executive . Corporate Seals l\ffix:cd S:S'.: On this 25th day of April, A.D., 1005. before me personally came Richard L. Kinnaird, Jr" \0 Ill; known, who, being by me duly sworn, did depose lUld say, thZ[ he resides in Medina, Ohio; lhac h~ is' S.(!nior Ex.cclltil'c: of WESTF1ELD JNSURANCE COMPANY, WESTfiELD NATIONAL INSUR..ANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY, the companies described in and which ~ecuted the above iriStiumeni; that he knows the seals of~llid Companies; that cht: ,eal, II-ffixed TO njd il1,lrumcnt Ilrt: ,"L.lell CO'F<;>' U~Q s"AI~; tflat they wt're so affixed oy order of th:e Board of Directors: of said Companies; and that he signed his r1illOe thereto b,' like order. Notarial SeaJ Affix:.ed ,11\111/" ,,"B..Ye '-. __'b~iifi~f;-<_ :~/~ r. ::::2-:0~ _:J -':Vr~ . .....'O'.~... '" r;: OF ,.' "'/llP"I' Oy /O~;aL \Yillil'.lrJ J. KahcJin, Attorner II-t Law, Noraryfubllc My Commiossi(l!\ Does NOl Expin: (Sec. 147.03 Oh:o Re\':ised Code) State of Ohio Counry of Medina 55.: CERTIFICATE " Frank Carrino, SeCfCmry of the \VEST fiELD INSURANCE COMPANY, WESiFtELD NATiONAL rNSURANCE COMPANY, md QHIO fARMERS INSURANCE COMPANY, do her~b)' c.:nify lhat rhe <lbo-ve and foregoing is 3 tnlc and correct cop)' of a POw~r of Attorney. eXl:C1Jted by $aid . Companies, which is stifl in full force and enCJ;t; Md fU1illermore, the rcsolmions of {he Board of Directors. sel out in the Power of Anomey are in full force ~- . /A~ In Wrrrt;}Jhe'lo/, I ha~'e n<::rcunlo ~~"llY hand and affixl::d the seal of said Company at Weslfield CCMcr, Ohio, this / j' day of A/~. AD..,.H# L . """',,,',,,,, ,.,~\.tl..I!1~~ii::'" }~~.... .....<:~~ i.i SEAL \"j \ \. ./ .1 , . . - ~~'",,:,~':,::::.~:::::":'~"'-'" <,"',,'',,, ""~\O''<Al;':;'''' (t;=:~ By: L::J " ~~ Fran!, Carrino, Secre/ary BPOAC (CJ~r) 168 6 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. v 4. The payment terms have been indicated. ./ 5. Any required drawings, descriptive literature, etc. have been included../ 6. Any delivery information required is included."" 7. Local Vendor Preference Affidavit completed../' 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. ./ 9. Any addenda have been signed and included.'/ 10. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: <c:>Bid Number; <c:>Project Name; <c:>Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified openino 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 '~, Lldlli' 1::0(. O~ ~r DATE: 1)ecrmhe. \C) ,(::{Yf(., GC.P-14 0 ~ l.... li ....... C '" ~ 0 0 on ~ ~ 1.) <5 U ~ ::J 1.) l:J ~ 0 Q) +:: u 0:: t~ ~ "" ~ r g' ~ :g ~ " .- ~~ c: CO c::::,iij . ,..... '---'- ~ l.... f-- w ~ ~ ~ I- .. ,..... tj ..... ~ :S Q) .. ,..... Q.) C Q.) ~ <D ..c "'" ....... 0 (/) ...... ~ L.. =- ~ -0 "D N :J ..... 8 .~ Q.) 0 ...... ~ 0 ....... ..Y. 0 =- ~ Q.) "'" "'" ~ a:: l.... a. 0 en ;:: \...l E S c ~ c: 0 c tj () co = ~ ~ Q) ..... L.. ...... ~ ..t::: (/) u r- "'" ~ co "'" . ,..... ~ 0 ..c C ~ ~ co ~ .. ,..... ";) > ~ l:J <( ~ ~ co l:J ~ 'C 0 '" --' - 0 u.. LL 0 :i N - c: 0 ro 0 ~ 1l: " Q) '" ro ro c - '" U ::J ro - 0 --, 0 0--, 168 6 ( r (~ eo1mr Count'\! ~ COLLIER COUNTY GOVERNMENT CONTRACT INSURANcE REQUIREMENTS c TYPE LIMiTS (Check! X Wori<ers' Compensation St~tutory L!mlts of Florida .Statutes 440 and Federal Governmenttd...o / Statutory Limits and ReqUirements . X Employer's Liability $500,000 X $1,000,000 c;to /) or- X Commercial General $1,000,000 per occurrence X $2,000,000 per occurrence Liability (Occurrence Form) bodily injury and property , bodily injury and property patterned after the current damage damage ISO form. X Business Automobile $1,000,000 per occurrence X $2,000,000 per occurrence Insurance bodily injury and property bodily injury and property damage damane tt-."... . Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property .. damage damane Builders Risk Insurance OWNER Will Purchase..Reolacement Cost- All Risks of Loss Professional Liability $1,000,000 pN occurrence $2,000,000 per occurrence Insurance $1,000.000 aaareaale $2,000 000 adnreoate INDEMNIFICATION: To the maximum extent permilled by Florida laW, the ContractorNendcir/Consultant shall indemnify and hold harmless Collier COunty, its officers arid employees from any and all liabilities, damages, losses and costs, including, but nollimited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the COritractorNendor/Consullant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described ,in this paragrilph. This section does not pertain to any incident arising from the sole negligence of Collier Countv: ' Collier County Board of County Commissioners shall be named as the Certificate Halder. NOTE--The "Certificate Halder" should read as fallows: Callier County Board of County Commissioners Naples, Florida No County Division, Department. or individual name should appear on the Certificate. No other .fQtn:];tl wUI Maccenli3bie. , " , thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. ~~;:ontract name and number shall be included on the certificate of insulance. r; Ii- JVu:':fl.., n 0'1' C"". Collier County must be named as "ADDITIONAL INSURED" on the Insurance CertifiCate for Commerciai General Liabilitv afltl/or-Aif " . bltity where required.O,L- ., 6t tvYlk- Jrl'-lc.- /) _K-- O/~ khr:.- l-t~~lb./ ::t" BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the Insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. I.JI Signature of Bidder Da.\D1'\ L. ;::;,);).l.:e ' 71,{. C) " '} r,>--.l". J,..:...C-<!...- c7r~-,-t-;.(~i? -----x.._ .. !.____ ..., ... _, . i "- ,....'-.. ,- f..-... ''-..'''H-' I.-Q_. J<''-' I. ~ -- Insurance Agency \....1 . /'0 ~" /;1./ -/~:':-,.-" /[) f~/L~-t---;:'".:---- . /-- /' 0-' ........- ,; t ~ Signature of-Bidder's Agent f" 12/9/2008 01 :52 PM Sender's Fax ]0: 239-931-5604 168 6 Page 1 of: ~:te ::: ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID MS I DATE (MMlDDm'YY) . OAVEF-1 12/D9/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lykes Insurance, Inc. dba IMC HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR P.O. Box 60043 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Myers FL 33906-6043 phone: 239-931-5600 Fax:239-931-5604 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A FCCI Insurance Company 10178 INSURER B: National Trust Insurance Dave Foote Environmental INSURER c: Constructiont Inc. 6091 Greenbr~ar Farms Road INSURF'R 0 Fort Myers FL 33905 INSURER E COVERAGES THE POLICIES OF INSUfV>NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAt.1ED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH THIS CERTIFICATE MAY BE ISSUED OR Iv'AY PERTAIN, THE INSURANCE .AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN M.AY HA.VE BEEN REDUCED BY PAID CLAIMS POLICY NUMSER ,p LIMITS LTR NSR TYPE OF INSURANCE DATE (MM/DDfYY) DATE (MMfDDIYY} ~NERAL LIABILITY EACH OCCURRENCE .1000000 B X COMMERCIAL GENERAL LIABILITY GLOO044752 09/01/08 09/01/09 PREMISES (Ea occurence) $ 100000 , CLAIMS MADE o OCCUR M"D EXP (Anyone person) .5000 c.- PERSONAL & ADV INJURY 11000000 0.- $500 PO Oed GENERPJ.. AGGREGATE .2000000 ~'L AGGR.E~ L~~~ APPr~~rER PRODUCTS - COMP/OP AGG .2000000 POLICY X JECT LOC Emp Ben. 1000000 ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 B ~ ANY AUTO CAOO050073 09/01/08 09/01/09 (Eaaccident) - ALL OWNED AUTOS BODILY INJURY (Per person) I - SCHEDULED AUTOS - HIRED AUTOS BOOIL Y INJURY . NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE , (Peraccidenl) =lAGE LlABlLfTY AUTO ONLY - EA ACCiDENT . ANY AUTO OTHER THAN EAACC I AUTO ONLY AGG , 8~SS/UMBREllA LIABILITY EACH OCCURRENCE .4000000 B X OCCUR D CLAIMS MADE UMBOO025374 09/01/08 09/01/09 AGGREGATE .4000000 I 1;=1 ~EDUCTIBLE . X RETENTION .10000 . WORKERS COMPENSATION AND ITORYLIMITS I IOJR- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.l. EACH ACCIDENT . OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE I IfyaS,describaundar SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT I OTHER DESCRIPTION OF OPERATIONS { LOCATIONS { VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT { SPECIAL PROVISIONS Bid Name: st. Andrews Blvd. Phase II stormwater Improvements Bid Number: 09-5150 Collier County Board of County Commissioners is listed as additional insured with respect to General Liability, per endorsement CGL021 04/03. *Except in the case of non-payment when 10 days app1y. CERTIFICATE HOLDER CANCELLATION COLLI33 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE T1-lEREOF, THE ISSUING INSURER WILL ENDE':OAVOR TO MAll 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Collier County Board of County Commissioners Naples, Florida 3301 Tamiami Trail E Naples FL 34112 @ACORDCORPORATION 1988 ACORD 25 (2001/OB) Date: 12/9/2008 01:52 PM Sender's Fax 10: 239-931-5604 168 6 Page20f IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 168 6 r- ( (' co1W:r County ~ COLLIER COUNTY GOVERNMENT CONTRACT iNSURANCE - REQUIREMENTS ( TYPE LIMITS (Check) X Workers' Compensation StaMory limits of Florida Statutes 440 and Federal Government StaMorv limits and Recuirements - X Emnlover s LiabiillV- $500,000 X $1,000000 X Commercial General $1,000,000 per occurrence X $2,000,000 per occurrence liability (Occurrence Form) bOdily injUlY and property . bodily Injury and property patterned after the current damage damage ISO form. X Business Automobile $1,000,000 per occurrence X $2,000,000 per occurrence Insurance bodily Injury and property bodily injury and property damaae damane Pollufion Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaae damane Builders Risk Insurance OWNER Will Purchase-Renla cement Cost- All Risks of loss Professional LIability $1,000,000 per QCcurrence $2,000,000 per occurrence Insurance $1,000,000 aaareaate $2,000 000 ;'nnreaate INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and allliabilltles, damages, losses end costs, in9luding, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consuitant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier Countv. Collier county Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "CertifICate Holder" should read as follows: - Collier County Board of County Commissioners Naples, Florida Nfl Gounty Division, Department, or individual name should appear on the Certificate. No other formal will beaccentable. - - -.. - -- - - -. - Tl]lrty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name and number shall be included onthe certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial Gimeral Liabllitv and/or Almort Liability where reaulred. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Cnve r:Dok: Fn\Ji~IiY)I'fli'ILt(,l~ (afb-+t-[)(tCMr 10,:. 8m _ l&^ _t~jWL;)Lf!~- S ,,,t"ro ol1dO' / I 1:::D.lJ.J[) L. frote I SeC'-' [f-e5 DM /lo//;/7qhalTJ ./ ;!$s()c!.,'ofe.s ~nce /fgency Signature of Bidder's l (' '. ( 16B~6 (~ ACORDw CERTIFICATE OF L1ABILlTYINSURANCE I OATEtMJ.t/OblYYYY) 311212008 PRODUCER Phone: 852J307-6736 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION F~" 352 307-4065 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ! Don Nottingham &; Associates Insurance Agency HOLDER. THIS CERTlRCA TE DOES NOT AMEND, EXTEND OR 11415 SE62ndAve. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bel[evie\v, Florida 34420 INSURERS AFFORDING COVERAGE NAIC# IIISlJRED !NSURERA: Zenith Insurance Company 13269 Dave Foote Enyironmental Contractors, Inc. 6091 Greenbriar Farms Rd INSURER B: Ft Myers, FL33905 INSURER C: lNSURERO: INSURERE: COVERAGES c mE pOllCIES OF INSURANCE L!STf;D BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR lHE POliCY PER10D INDICATED. NoTWm-lSTANDJNG ANY REQUIREMENT. TERM OR CONDITION OF NN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER.TNN, -mE INSURANce AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL l}iE TERMS, EXCLUSIONS AND CONOrnONS OF SUCH .,.I;O~~ts. AGGREGATE LIMITS SHOWN MAYHAVE SEEN REDUCED SY PAlOClAlM8. POlICYEXPJRATloN: I .T:l D' POUCYNUMBER ~A~rEFFECTlVE LI&lrrs ~ERAt.UABllrrr _ENCE $ COMMERClAlGENERAlllABrulY $ I ClAJMSMADE D OCCUR MEDEXPCI<Sl'/aneoe.rwn) , PERSo,'lAlSHYVINJURY $ i- GENERALAQGREGATE $ ~'~AOO~n~lPJrrAPnPER; PROOUCTS~COM?IOP AGG $ pOliCY ! ~~,g: toe ~TOM:OBJLE UABn..trY CQMBINEDSINGlEUMIT $ - /W(AlfrO (EaflCdde'ill) - ALlOWNEOAUTOS BODILY INJURY S - SCHEDULED AlITOS (Pe:fp6rson) - HIReD AUTOS 600ILYlNJUR.Y N'ON-QWNEOAUfOS (peracddtflt) , - - PROPERTYOAMAGE $ (per.an:ide<ll) =!^GWABlUTY AUTOO~Y-EAACClOENf' S AN'( AlITO 01HERTHAN EAACC $ AlJT()ONlY: AGG , O~SS;UMaRELlALlABllITY EACH OCCURRENCE S OCCUR 0 ClAIMS UADE AGGREGATE S $ q ,DEDUCTlBLE S RETENT10H $ , A WORKER!COMP~N3AnoNANO Z068036902 1/12/2008 1/1212009 WCSTATU-~ I IOJ~. I::L\PLOY'ERS'1.1A6fUTY E.L EACHACCIOENT $ I,OOO,ODO /tJlY PROPRlEroRJPARTNERfEXECtnNE OffICEMtEMBER.EXClUOE01 IiLDISEASE-EAEM?lOYEE .s 1,000,000 l!~ d.sWbe\J~oH 1,000,000 5 EC!.AL PROVISIONS b!!ltow E.LDISEASE-PO{JcYUMIT S OTl<ER DESCRIPTION ~ OPEAATJONS:Jf..OCATIOUS IYEHIClES/EXCLUSIOf.lSADDEO BY ENDOft~EMENT 15PEClAl.PROvtSJOfiS CERTifiCATE HOLDER Halder's NattJrc oflntercst : Cerlificai.e Holder Collier County Board ofCollnty Commissioners: 3301 E Tamiami Trail Naples, FL 34112 CAN CELlA TION SHOUlD A1f'( OFTHE ABOVE DESCRlB'ED pcLletal BE CANCElLED BEFORE THE EXP!RAT1CN' DATE nlEREOF, niE ISSllJNG JNSURER WlLl ENDEAVOR TO MAlL ~ DAY!!; WRlTlEIi NOTICe TO THE CERTIFiCATE: HOLDER NAMEO TO THE LEfT. BUT FALlURE TO DO SO SKALL IMI'Q.SS HO OBUOATIOO OR UABIUTY OF ANY KlHD UPON Ti-lE.IJlSUReR. I1S AGE.l/T$ Oil. REPRESENTATIVE AUTHORIZED RE? S @AGORDCORPORATION1988 l ACORD25 (20a1108) (~ , c 16B 6 (~. IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcY[16s) must be endorsed. A statement on this certlftcate does not confer rights to the certlf"",te holder in lieu of suCh andorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require en endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of lnsurance on the reversS side of thIs form does not constitute a contract between tha Issuing lnsurar(s), authorized representative Dr producer. and the certificate holder, nor does It afllrmaUvely or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ( '. ( ACORD 25 (2001108) I I I j .1 168'6 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Dave Foote Environmental Construction, Inc. ("Contractor") of 6091 Greenbriar Farms Road, Fort Myers, FI 33905, a Florida corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Old US 41 Stormwater Improvements, Bid No. 09-5040R ("Project"), as said Work is set forth in the Plans and Specifications prepared by a. Grady Minor, 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 ate 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: six hundred forty five thousand, nine hundred eighty two dollars and seventy five cents. ($645,982.75). J GC-CA,j 168 6 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 undelWritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and liquidated DamaCles. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within ninety (90) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to GC-CA-2 168 '6 definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, two hundred and fifty six dollars ($256.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. GC-CA-3 169 6 The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by Q. Grady Minor and identified as follows: Old US 41 Stormwater Improvements as shown on Plan Sheets 1 through 18. Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Val Prince, Project manager Stormwater Management 2885 S. Horseshoe Drive Naples, Florida 34104 GC-CA-4 168 6 (239) 252-5879 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Mr. Dave G. Foote Dave Foote Environmental Construction, Inc. 6091 Greenbriar Farms Rd. Fort Myers, Florida 33905 239-369-6146 Fax: 239-369-7516 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 Assiqns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governinq Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. GC-CA-5 1606 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. Severabilitv. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. ChanCle Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC-CA-6 16 B '~6 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY E ORIDA BY: ~' j~a. Fiala, Chairman TWO WITNESSES: 'LfiJ 0-{fl FIRST WITNESS V~t-.~ LJo.(cl ___ Type/prin~ < 11 CLUiO. : +lZi._~.~ SECOND WITNESS \)Lc,-n(l~ \)(C'-<:)C;/--. Type/Print Name c- By: Date: -f&tXtn~ \ ~;261L ATTI:iSL OWNER: ~ Dwi '--ht E., Brock,~ler~ ': (':';.', ; .;' BY: ,', ,;, '. . .,to-'CN1,.... I' .,_,turt Oft." Approved As To Form and Legal Sufficieury: p,;", N,me ~f) j----~l Assistant Cou Attorney ____ GC-CA-- 7 CONTRACTOR: Dave Foote Environmental ::eR~t~ P>~_ 1Yl\!,o.G\D,~c, Y(6\c\e(\\ Type/Print Name and Title ltem# .\ lo Ib~ Agenda '/'L11 (J ~ Date ~ Date 2 ,>1. 1"/ o"cq Roc'd ~ 16 B !<<I6 ~HIBJT A PUBLIC PAYMENT BOND Old US 41 Stonnwater Improvements Bond No. 0054356 Contract No. 09-5040R KNOW ALL MEN BY THESE PRESENTS: That DAVE FOOTE CONSTRUCTION, INC. and WESTFIELD INSURANCE COMPANY Surety. located at 1 PARK CIRCLE, WESTFIELD CENTER, OHIO 44251 (Business Address) are held and firmlv bound to COLLIER COUNTY, FLORIDA as Obll'gee 'In the sum o' f SIX HUNDERD FORTY ,"'1 VJo: '!'HUU::;ANU N1NJo: HUNUJ{];D ~ICWTY ~wo ~~p 75 1QO ($ $ 645, 982 . 71ifor the payment whereof we tlind ourselves. our heirs. executors, personal representatives. successors and assigns, jointly and severally. ENVIRONMENTAL , as Principal, , as WHEREAS, Principal has entered into a contract dated as of the _ day of JANUARY 20~, with Obligee forus 41 STORMWATER IMPROVEMENTS in COLLIER COUNTY, FL. accordance with drawings and specifications. which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. . THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract. then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The proviSions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of JANUARY 2002. 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 16BI6 Signed. sealed and delivered in the presence of: ~O-M~~~ x:P~jJv(Lo~ 'dcJt id2 U Witnesses as to Principal PRINCIPAL ~ CONSTRUC BY:~ NAME: G. FOOTE ITS: PRESIDENT STATE OF FLORIDA COUN1Y OF LEE The foregoing instrument was acknowledged before me this d~day of JANUARY 20 09, by DAVID G. FOOTE . as PRES IDENT of DDAVE FOOTE ENVIRONMENTAL . a FLORIDA corporation. on behalf of the corporation. He/she is personally known to me OR has produced~C;:(M\\~ \i-row(\Ss identification and did (dip not) take an oath. ~ . n My Commission Expires:1Y\o.\'c\\ ';:),OOi:} tRJ ~ (Signature of Notary) ......, ..... . ... II ,.. d \, .. \ \ _el [...IIr........* NAME: W;-le.. \.lj()Jo e_ 111111 . DO NH11 (Legibly Printed) .................., (AFFIX OFFICIAL SEALl) Notary Public. State of \="LO{ ;dCl Commission No.: L)D7Lo 3c\l(.!l ATTEST: SURETY: WESTFIELD INSURANCE COMPANY (Printed Name) 1 PARK CIRCLE WESTFIELD CENTER, OR. 44251 ~QAA~~.d~ J) /lJ) Ifl \:f€.e.~-1 -Witnesses to Surety , (Business Address !?I/L/?/ (Authorized Signature) ARTHUR K. BRODER, AGENT & (Printed Name) ATTORNEY IN FACT GC-CA-A.2 168 '6 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF FLORIDA COUNTY OF BROWARD , The' foregoing instrument was acknowledged before me this 27th day of JANUARY , 200~, by ARTHUR K. BRODER , as AGENT & ATTORNEY IN FACT m WESTFIELD INSURANCE COMPANY Surety, on behalf of Surety. He/She is personally known to me OR has produced KNOWN as identification and who did (did not) take an oath. My Commission Expires! 0,DJ(C<<1\)Q{ <~~ I clO\\ 0~ (Sign (AFFIX OFFICIAL SEAL) :\t-'-V"""i Nam~eec\O"Q 0 cJeohc'L 4' .......... THEOOOREJ.JEDUCK . . ._ * UYCOMMISSIONIDD737613 (Legibly Printed) 'lo. EXPIRES: November 28, 2011 ''t.."rJ'-'' 1Ionde;1IlNSiOgtINoloy_ Notary Public, State of: .\= \Ol ;<il Commission No.:"bD 1':3;7 19 \3 Gc.cA-A-3 168 6 CERTIFIED COpy Westfield InsuraRce CQ. Westfield Nationallnsuran'ce Co. Ohio Farmers Insurance Co. Westfield Center, Ohio POWER NO. Og92212 00 . Genera.' Power of Attorn ey Know All Mrn by n.e,. Pm'.", Tn.. WESTFIELD INSLfR.ANCE CO;.lPANY, WEST,lELD NA TIONo\L Ii'SURJ\NCE COMl'ANY, Md OI{!Q fAR.).,'tERS !NSURfu'fCE COMPA..~Y. corponniol1:!, her:in.alkr rer~rred to individl1ally as a "Compli1lY" and (:oll~ctiYety a$ "Companies," duly organized elnd t;l;~ting under the l-'w:s of the Srate of Ohio, and h.aving their principal offices in Westne:ld Cent~r. Medina Counry, Ohio, do by th~e pment! make, const;tllttlooappoint ARTHtJR K BRODrR, lIlCHAF.L P. BRODER, JONTL Y OR Sn'ERALL Y ofD,-\YlE ~d State of FL their (ruc Md law1ul Arromty(s).in.Fa<:t, with full power and !'oU!horiiy hcrt'by confem:d in th<'jf nam~, plc'Ce a11d stead, to execute, acknowl-edge and ddivcr an)' 11M all bond.!, reeoglliuncts, lInd~rr~killg~, or oTner inSlrumrllT~ or ,rOl1lrllCfS ofsllrery5hip - -. LrM'ITATlO;-;, THIS POWER OF ATTOR.,EY CA'\.\OT BE L'SED TO EXECLH,On: G~ARhTH, )o{ORTGAGE DEF1C1E,CY, MORTGAGE GUARA\TEE, Oil BA"K DEPOSITORY BO.\DS. ILr1d t.o bind any of me Compsnies tl1ercb)' ~ fully N'ld (0 !he same extent 13 if!il.lC'h bond-s W(,f(: signed b)' th~ Prc::)id('n~ se!\I('~ wifh U1t COIpOrTH'Cseltl or the llPpli<:8ble Company and duly an.~t(d tJ.}' i(s Secrcrary, ho:reb)' ratifying and confirming an that the said At1orney(s(-ln.Fl\cl may d<lln the premises. Said appolntmCn1 15 made under and by .ulhorilY of the follo~~;ng resol\ltl<ln adopted b)' the Bo:vd of Diretlors of each of the mSTFlELD INSURANCE COMPANY, WESTFIELD NATIONAL rNSURANCE COMPANY. and OKlO FARMERS JNSURANCE COMPANY'. "-BE IT RESOLVED, that the Pmidcnt, any Senior Ex.c<<;ullYC, an)' Secretary or.my Fidel1ry & Surely Opera(ions E1;ecuti~ or other Excc\ltive shall be and is here-by v(:STed with full power and authoriry 10 appoill! My one or more suitable ;xrsons as AITOme)'(s}io.Fll.Cl to ~present aM fI(;( for and on bohl\.tf of till; Company ~tlbjC.Cl to the following pro\'isions: Th, Attomoy.in.Fact may be givl;f1 full po.....-er llIld authoriry for and in the n!lJTle of and on behalf of lh.:: Company. to executel acblO\vledge and deliver, any and 1111 bonds, rec:ogniunces. COhlrlttl5, agreements ofindemnil)' and at),!;r conditionnl or obligatory und(f't!lJ(il1gs Bl1d any and 1t11 notices mld documents cancelling C>f termimuing Ule Company's liability thereunder, and MY such if1S"tIumenIS so eXC1:::lIled by any such Attomey.in-Fact sh~1l ~ as binding upon The Company a.s if.~igl\~ by lhe Prc:sidern ll..'1d sel\led and anested by !.he Corporatl: Secretary" . "BE IT FURTHER RESOLVED, U,llt the sigrl1uure of eny s'ueh designa{ed person and the seal of me Company heretofore or hereafter atrtXCd to any power 1)( .nomcy or any cerrific-ate r~Ja{ing thereto by fa.csimile, and any power of anomey or certificalt b(aring facsimile signat~ or fac~imil~ seal shall be ve\id a."ld binding upon the CompMlY Wllh respecl [0 any txmd or undertfl.kir:g 10 which it is anaehed." (Each 5dopo:d at It meetin! held 00 Febru.ry 8. 2000.) I. WI"",: Whe",of, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY. and OKlO FARMERS rNSURANCB COMPANY have caused lhesl: pr~c:t1ls 10 be signed br iheir Senior El~llti,'c and their corporalC' seals to be hereto affixed !hi$: 25Th d1l)' or April, AO., 2005. Sill" of Ohio County of Medina ........'lH'S~...",', .'i'~~.,.....~.... .l'\"\.'" '.'..C>.".. i~' \~\ lft SEAL .~o~ '\ \ r j ... ... ... "~.. ................. ,.i~ ....,".......",....... ..."''''''''''u, ...~..\.I.~,~.".l..'ri;"" ,"Q .... ,."~\\ .t ,,"..' '. ~ lyd ". ~ ~~i SEAL ig~ \;Z:::::::".,~.".::<~! WESTf[ELO INSURANCE COMPANY WESTHELD NATIONAL INSURANCE COMPANY Of1(O FARMERS ~SUR.ANCE CQMPM'Y By ~~j} Hich-r-a L. KinulIIlrd, Jr" Senior Ex~cu!iv~ . CorpOnlW Seals Affixed n,: On !f1isZSth day or A.prll, A.D., 2005, beCOI.C lTW [lcrsQnall)" tame RiehFlrd L, Kinnaird, Jr., to me "nown, who, lx:ing by me duly sworn, did depr;JSc ltIld say, U1!.t he resides In !\'lcclJn8, Ohio; lhat he i, S\!nior hcctlTi\'c of WESTFIELD lNSURANCE COMPANY, WESTFIELD NATfO:NAl INSlJRJ\N.CR COMPANY. end OHIO fARMERS INSURANCE COM?ANY. tIll; complUlics d<::s:cribec1 in Md which executcQ the above iristiumel11; that he l:now$ the "W of said Compf\l1ictl; that dlc ,eals affixed to ,a;Q inJlrumcnl 4rc "uch co'J1Q' ato ,,,a Is; lhlH they wt::rt:: ~O amxt::<1l:1y orrJcr Or me Board or Directors of said Companies; and mf.t he signed hi3 nnlf1l; thW::IQ by like order. NotariaJ Seal Affixed By /(}LfJ~' 'rVillif11f1 J. K.ahcHn, Anomer Itt Law, Norary flfPfk My CQmlllts.~i()fl Doe:; NOl Expire (Sec. 1 ~1.0J Ohio Reyised Code) Stm'ofOhlo CO\lnry ofMcdtna 5.5.: CERTIFICATE I, F....k Carriuo, Soom..ry of me WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, Md 0H10 FARMERS INSURANCE COMPANY. do hereby cwify !llat rhe llbove and foregoing is a tnlC: and wrrect copy of a Power of Attorney. executed by said Companit:S, which is still in full force IUld e[l'o::cl; 1'\Ild funhermore, the resolmicms of ~he BOl'lrd of Directors. set out in {ht:: Pow'Cr of Anomey m lr\ fuH foree aDd effect In iJlwu WIlerI/O/. I hAve h~reUnfO SIC\ 111)' hand and affixed Ihe seal of said CompM}' at Wes\ru!ld Cemcf, OhlO, this day of ,AD., ,}o., Y , .....".i;;~'...,. ~...~~........~;~ f~..' ...Q-;. ~,'ftl . \'{ro \ I~! SEAL )ll) \ \ ... j '<:::,::::,~~::~:.':,y/ ","'''o',~t''."., ....~l"':;.........':Y~....... "0'" ".~..." irff.... \"f;\ f~( SEAL }.~~ .~. '0' \~i~~:;::"':::~1':':::::<'~/ By: ~ ~~-~ Frank Cl'lrrll1o. Secn::'lary BPOAC (03-1)1) 168-6 i;XHIBIT A PUBLIC PERFORMANCE BOND Old US 41 Stonnwater Improvements Bond No. 0054356 Contract No. 09-5040R KNOW ALL MEN BY THESE PRESENTS: That DAVE FOOTE ENVIRONMENTAL CONSTRUCTION, HIC. , as Principal, and WESTFIELD INSURANCE COMPANY , as Surety, located at 1 PARK CIRCLE, WESTFIELD CENTER, OHIO 44251 (Business Address) are held and firmly bound to COLLIER COUNTY, FLORIDA , as Obligee in the sum of SIX HUNDRED FORTY FIVE THOUSAND NINE HUNDRED EIGHTY TWO AND75/100 ($ 64 5 . 982 . 75 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, sut:ee$$ors and assigns, jointly and severally. d<t,-*' Obligee day of for WHEREAS, Principal has entered into a contract dated as of the JANUARY 20~, wtth OLD US 41 STORMWATER IMPROVEMNETS in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: , 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its Obligations under this bond, and it does hereby waive notice of any such changes, extensions of lime, alterations or additions to the terms of the Contract or to work or to the specifications. GC.cA-A4 16 B ''''6 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. tV+\'\ IN WITNESS WHEREOF, the above parties have executed this instrument this dl>' day of (\C1iWOJ~ ' 2003 the name of each party being affixed and these presents duly si ed by its undersigned representative, pursuant to authority of its goveming body. Signed, sealed and delivered in the preSence of: ~ajJ{@-L- ~/1~J ~~ Witnesses as to Principal PRINCIPAL NAME: DAVID G. FOOTE ITS: PRESIDENT STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this ~01\'\ day of JANUARY. 200.2, by DAVID G. FOOTE , as PRESIDENT of DAVE FOOTE ENVIRONMENTAL , a FLORIDA corporation, on behalf of the corporation. Helstle is personally known to me OR has produced fX(SD0G\\\U $mLLm as identification and did (did not) take an oath: - My Commission Expires: \'(\(j.(c'A;;l I del:) VI@ u.l1 (Signature) Name: \&hQ. \JOJ~ (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: 1='0\ \Ck Commission No.: $\), i Q Sq \ U . .....,....... IIIIt "'''''* . . ..,A_ 'lllf1.Ell*a1lllr2,.' c...... 'nn' DP met, .....,.,.......,., GG-CA-A-5 16B ~6 ATTEST: SURETY: WESTFIELD INSURANCE COMPANY (Printed Name) 1 PARK CIRCLE WESTFIELD CENTER, OH. 44251 (Business Address) W/.4"?1' (Authorized Signature) ARTHUR K. BRODER, AGENT & (Printed Name)ATTORNEY IN F?CT 'L)~~~ Witnesses as to Surety OR _ ~V:l /11 A{ A <-d,.e~_id1.d As Attorney in Fact (Attach Power of Attomey) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF FLORIDA COUNlY OF BROWARD The foregoing instrument was acknowledged before me this 27th day of JANUARY , 200~, by ARTHUR K. BRODER , asAGENT & A'l''l'ORlIJEY IN FACT of WESTFIELD INSURANCE CO. , a OHIO CORPORATION Surety, on behalf of Surety, He/She is personally known to me OR has produced \If'((-'O(\~)' \\11 ~\"(',IJ..',(\ as identifjca~n wh did~t) take an oath. My Commission Expires: \.\o~Qti\W ';)~, OX>\\ (AFFIX OFFICIAL SEAL) (Sign Name: eD (Q ~5. ~ ed \ ,cX ",,'':;Y.~~'<,. lHEOOOAE J. JEDlJCK . .. MY COMMISSION' DO 737613 (Legibly Printed) .,.. EXPIRES:Novernb6'21.2011 -f'~OFf"'rff'~ BondedTllrvBu(QltNolllyServlcu Notary Public, state of:\-\O,\c\~ Commission No.:'b\) i'B.i(y\3 GC-CA.A-6 ~. 'am~' "'" ^' Sender's Fax ID: 239-931-5604 16 8 ~8 Page 1 of5 ACORD. CERTIFICA TE OF LIABILITY INSURANCE OP ID MS I DATE (MMfDDIYYYY) OAVEF-1 01/27/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lykes Insurance, Inc. dba IMC HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR P.O. Box 60043 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Myers FL 33906-6043 Phone: 239-931-5600 Fax:239-931-S604 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A FCCI Insurance company 10178 ~,SURER B National Trust Insurance Dave Foote Environmental -- Constructionl Inc. Road ~.~URER c: __ 6091 Greenbr~ar Fa~s ~_~URER D: Fort Myers FL 33905 - INSLRER E COVERAGES THE POLICIES OF INSURANCE LISTED Bt:LOW H.A.VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU8JECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLlCIES_ AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 'LTR rNSR TYPE OF INSURANCE POI..ICY NUMBER DAlE (MMfDDIYY) DATE (MMfDDfYY) I..IMITS GENERAL LIABILITY EACH OCCURRENCE .1000000 I-- B X X COMMERCiAl GENERAL LIABILITY GLOO044752 09/01/08 09/01/09 ~S(EaocclJrence) .100000 J CLAIMS MADE ~ OCCUR MED FXP (Anyone person) .5000 I-- ]---- PERSONAL & ADV INJU"Y , 1000000 I-- X $500 PO Oed GENERAL AGGREGATE .2000000 I-- GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS. CCMPJOP AGG .2000000 h . IXl PRO IILOC Emp Ben. 1000000 POLICY X JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I-- , 1000000 B ~ ANY AUTO CAOO050073 09/01/08 09/01/09 (Ea accident) ALL OWNED AUTOS BODILY INJURY I-- , SCHEDULED AUTOS {Per person) i-'- HIRED AUTOS BODILY INJURY I-- $ No,\J-OWNED AUTOS {Per accident) I-- I-- PROPERTY DAMA.GE $ jPeraccidenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT . ~ ANY AUTO OTHER THAN EAACC . AUTO ONLY AGG . EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE .4000000 B ~ OCCUR D CLAIMS MADE UMBOO025374 09/01/08 09/01/09 ~~_~_ATE .4000000 --~-_._------- . ~ ~DUCTI8LE . X Rc [ENTION .10000 . WORKERS COMPENSATION AND ITORY L1Mm; I n:R EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNC::R/EXECUTlVE El EACH ACCIDENT $ OFFICERfMEM8ER EXCLUDE:J? EL DISEA.SE - EA EMPLOYEE . Iryes, describe under ----- - -- SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT . OTHER DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS PROJECT: Old US 41 Stormwater Improvements hct.!t.oq - SQ\ collier County, Florida and Owner are listed as additional insured with respect to General Liability, per endorsement CGL021 04/03. Coverage stated above is listed as primary and non-contributory with respect to General Liability, per endorsement CGL025 04/03 . *Except in the case (SEE NOTES) c CERTIFICATE HOLDER CANCELLATION COLLI33 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING I~~SURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN Co1.1ier County 3301 Tamiami Trail E Naples FL 34112 NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) @ACORD CORPORATION 1988 Da;:e: 112712009 11:58AM Sender's Fax 10: 239-931-5604 Page 2 of 5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAiVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate hoider, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Da~e: 112712009 11:58 AM Sender's Fax 10: 239-931-5604 168 · 6 Page3o!5 of non-payment when 10 days apply. Date: 1/2712009 11 :58 AM Sender's Fax 10: 239-931-5604 Page 4 of5 168 6 COt,,1MET{CIP,L GHJERl\L LIABiLiTY CGL 021 (040:;) THIS ENDORSEMENT CHANGES TKE POLICY. Pl.EASE READ IT CAREFULLY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREfUI.L Y. ADDITIONAL INSURED - OWNERS, lESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Tt1is end(Jrserrlen~ modifies ~nsurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE [-.--..---.--..- - ----------.-.--..--..... Name of F'erson Dr OruanizEl'km: B~anke-t CGL 021. Any pers.on or' organii:atbn who you are requ:ired to add as an additional insured orl !.';'l~S PO.liCY under a ".vritten cant.r,act or written. agrE'€mellt iT! effect durinfl th~.S policy pt~rjod one! ~;fgnel"! ~m('! (~xecuted by you prior to tne Joss for wtlich coverage i!s sought , .'.~._~.~~',-~.-,-~..~._._~~'.__....._._...,,".._." '" " " , , " , '" '"'' " -", -, '" ~-" (if no entry appears above, intorm::llion required to complete tllls (:ndorsemcllt wtil b(,~ shown in tho DHCI;:~f8Hol"1s as applfcable to H.Jis endm:se.mcllt.) ---l __~.-..J Who is an Insured lSe'ctiQn 1'1) IS <:Hnenejed to ~flrGlude as an insured the person Of org:anizEltJon shown i,n the Sc-heduh?, but O(]jy with respect to your" negllgent actions which cause Hl::l:bility to be impcl!sed on such person or O]'gr:'1niz~ti{)rr'Y without f.fJu:'t on th~J part of se~id person or ()r'ggn~;ZB!icn, as a result (Jf "your worl~" performed fOr' that ins:ured. C(":;L a21 (0403) II"',chJdes c.opyLigllled lllateri,al of ISO Properties, Inc., with its p'ermisSiion. Pilge 1 of 'I Oa":.e: 112712009 11:58AM Sender's Fax 10: 239-931-5604 168 se5015 COMMERCIAL GENERAL LIABILITY CGL 025 (04 03) THIS 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 LIABILITY COVERAGE FORM The following is added to SECTION IV - Commercial General Liability Conditions, Paragraph 4, entitled "Other Insurance", subsection b. entitled "Excess Insurance", paragraph (1): This insurance is excess over: (e) Any other insurance naming an additional insured as an insured on a primary basis, excess, contingent or on any other basis unless a written contract specifically requires that this insurance be primary and noncontributing. The written contract must be currently in effect or become effective during the term of this policy and must be executed priorto the "bodily injury", "property damage" or "personal and advertising injury." CGL 025 (0403) Includes copyrighted materiaf of Insurance Services Office, with its permission. Page 1 of 1 168 6 ACORD", CERTIFICATE OF LIABILITY INSURANCE I DA.Te {MMJDDIYYYY} 1/28/2009 PR.ODUCER PhOne: (352f07-6736 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Fax: (352.307-4065 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Nottingham & Associs.tes: Insurance Agenc)' HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11415 SE 61nd A,VO. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BeHeview, Florida 34420 INSURERS AFFORDING COVERAGE NAIC# INSUR.ED IIIISURERA.: Sridgetield Employers. Insurance Co. 10701 Da.ve Foote Environmental Contrncrors, Inc. INSURE~ B; 6091 Groenbrior Farms Rd Ft. Myers, FL 33905 INSURER c: INSURER D: !NSURER h:; COVERAGES THe POLICIES OF INSURANCf! L1ST.E.o 6el..0\ll1 HAVE BEEN ISSUED TO THE INSUReo NAM5D ABOVE FOR THE POLICY peRIOD INDICATED. NOiWrTH$TANOlf\lG ANY REQUIREMeNT, T~A.M OR CONOITION OF ANY CONTRACT OR OTMe~ CJOCUMENT WITH RESPE:CT TO WHICH THIS CERTIFICATE:: MAY B5 ISSU6D OR MAY PERTAIN, THE. INSURANCE AFFORDED BY THE POLICIES DESCA.IB~O Hl:REIN IS SUBJECT TO ALL TH~ TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE I.IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POI.ICY NUMBER POLICY EFFECTIVE POl,IC'rI;XPlRATlON t T LIMITS ~NERAl. \.1A61r.ITY I EACHOCCURRbNCb I COMMbRCIAL GSNe;RAL LIABILITY I PR~~j;~~ YE:~~';~n . ] CLAIMSflAADE 0 OCCUR MEQ exp (Anyonepereon) , PERSOl'lAl.IiADVINJURY , GENERAL AGGREGATE $ ~'~ AGG~En LIMIT A~PI..IES P~R: ~ROOUCT5' COM PlOP AGG , POLICY ~~R-r n LOC ~TOMOI3ILE LlASI UTV COMBINED SINGLEl.IMII , ANY AUTO (Eaaeeid!lnt) - - ALL OWNED AUTOS BODILY INJURY (Per Cier-soll) . - SCHEDULED Auras - HII'\tD AuTos MOlLY INJURY (Par:acddanl) , - NON-OWNE;O AUTos PROPERlY DAMAGE , (Pera~dent) =FGE ""!CITY Auia ONLY. ~ ACCfDENT , ANY A.UTO I OTHER THAN EA.ACC S AUTO ONLY: AGG S :=J~SSIUMBRELLA I.lABIL.m' 1 EACH OCCURRENCE , OCCUR D CLAIMS MAD'" AGGRl:GATE , I , ==i DEDUCTISl.e . RETE:NTlON , . A WORKERS COMPENSATION A.ND 0830-4D791 1112/2009 1/1211010 I T~sTf.:1U::, I IO.m. EMPLOYERS'LIAElIUf"( E.\., EAC~ ACCIDENT . 1,000.000 ANY PROPRIETORlPARTNEM;X,ECllTIVE: 1,000,000 OFFICEFlIMEMBER EXCLUDED? EL. DIS~E:, EA EMPLOVi::06 . ~~rc:~~~O~IS~ONS betow E.l. DISEASE - POllCV LIMIT , 1,000.000 OTl1liiR. DESCRIP'TlON OF OPERATIONS I L.OCATIONS/VEHIGL.ESI EXCL.USIONS ADDED BTENDORSEMENT /3PEctAL. PROVISIONS Old US 41 SlOrmW!l.tcr Improvements Job CERTIFICATE HOLDER Holder's Naturo!: oflAtc:ren: Certit'icateI:l:oldcr Colliet County 3301 Ts:mi!lmi Trail E. Naple" FL 34112 CANCELLATION SHOUl.,O ANY OF THE ABOVl:; Dl:;SCRIBl;D P<;lt,IOIE:5 BE CANCE;l.l.ED BEFORE THE EXPIRATION DATE THEREOf:, TH!:C ISSUING INSURER W1lL ENDEAVOR TO MArL .J..Q........ DAYS WRIliEN NOTICE TO THE' CERTIFICATE HOL.O!;R NAMe;o TO THe I.F:;FT, BUT FJ\.lLVReTO DO sO SHALL 11IIlPOSE 11I0 OBLIGATION' OR LIABILITY OF AIIlY KINO UPON THE! INSURER, Irs AGENTS OR REPR.E~Et<lTATlVE . AUTHORIZED REP' S u ACORD 25 (2001'03) @ACORDCORPORATION1933 r 'rl __6.nRlL2___..___ 'JII~rO:n nOOrRrUEr 168 6 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pOlicy(;es) must be endorsed. A statement on this certificate dOGS not confer rights to the certificate holder in lieu of such endorsemant(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the pOlicy, certain policies may require an endorsement. A statement on this cenificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a eontract between the issuing insurer{s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) E.'d...M.:.zlJ.._. W~~O:6 600~ '8Z 'U!r 168 16 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-1 168 6 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? [8] Yes 0 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 b. Employers' Liability X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee GC-CA-B-2 168 6 (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. o Applicable ~ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. o Applicable ~ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ~ Yes 0 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 Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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. 0 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. 0 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, GC-CA-B-3 168 6 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 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? ~ 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 GC-CA-B-4 168 6 (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-5 168 6 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 200_ 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 , 200_, by ,_ ~ ,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-1 168 6 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 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: $ Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _ % after [insert date] $ = Percent Work completed to Date: Percent Contract Time completed to Date 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 iisted 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-1 168 6 Wo ..J"'..J <<W I-~J: 0<:1: 00 f-f-f- :l!~ " E 0 W 0 i '" . " 00 ~ ~ ~ ~ " 000; ! I -:( ~ 00- ._ 00 . f- ' ~ .~ I W ~ ,- '" '- ",'" c>- W '" - ~ '" I" E ,,< ~ ~ :;,z 0- 0 -< cO ~-I f- .Q (\) - - W '" tiCti -ilO , W:I: I" " UII) " ! Zz 0 f; I ~ ju. " (f) t- oo "f--- a1~ '" E " ~ f; f-W '" "0 I " Zf- 00 0 WW 00 ro ~ I U..J ,,- 0 ",a. Coo w" ~ - , 0.0 ,,2 I i U ~~ I ! 00 0 I ...J~wUJ EO; I <(wa::::!- 0'" 0- I-...JO< .w ID 00..1-0 -'" I-:E(I)O t3 ro 1 8olJI- ~ 6 c .- j 011) 00; w..J " E ",< " ~ 0'" '" 0 f-W ~c 1I)f- e . < ~ " ~ . c E . " 0 ~ E 0; "0 <J) , ~ 0 E " z 000 2 w 1> ~ ~ " :1:'" ro ... ~ 0 >-W .f; 0 -' 0 ~ tt . 0 a. = ~ I <I; - Cl : W '" ~ > L >- 1l>- , u. W I i ..J II)~ '" " 0 a. z< oE W ::;; 00 c -' 0 f-w ~~ - -~~ ~ U <u ~ " '" S!z 3?~ Cl ..J- W '" 0.11) " 0 II ~ a. m .~ J: <w 0 L Q) 1I)f- ~ '" I <J) ::J< 00 ro i QO ._ c >::J " .- _ ro W'" c:~ 'I "':I: I o.f- 2 .~ '" " 0 >-'" W ~ ~ ..JW ::J::J >--5 0..J ;,;'$. w< :1:> c U 2:5 II) ro~ " 0 i In" i ~~ 00 Q) W ~L '" 0- ro .~ .8 c Z '" 0 ~ 0 i> F a. ~ I a. w c .f; "' 1:1 .Q ! co; " U ~ E '" '0 II) c " W 00 ~ ro " 0 c,E L .E E c " ..:!:= (!) E 00 sm.;:; ..J 0 < o C1)- III >!. a;I >- z; ~.~ 0 0 >- 000 It:: E I ~ a.-c . '" _ ro " I~ z " W ~ L C 1> .E III (1) . w" c :c a. : ?j 0- f- " 0-0 tti i -::J ._...... ro IZI I ro L c ;;.. III I I~-K~ ~" ---. I x 0 ro , W_L 1 1 -~_._^ .. .c 5: 1-> ."" - - N , o .d: o o c.9 ------_.._----'~..- ---_.~- 168 6 0 I- - Ql ni w u_ c: 00 '" c: ni- III " w " 0 II Ql .;: =Ql 0 0 "'0.. - , Ul Ul () c: J: , I- OJ + -'='" <I; Ul Ql ro :l_ () Oni "S 'S: - E Ul Ql c: 0 ~ u. 0.. 'E o U Ql 0:: Ul ni .;: Ql - " " 0 Q) 'i: > Ql OJ"; a.. ~ .~ O::j!: '" -'='" Ul Ql :l > o .- <1;._ Ql > u Ql Ql .to:: '" o .d: () o c.9 :l!! " Ql ~ o - <J) Ql ~ U Ql ._ .c o E > :l C:z ~ .!!! C. c. :l <J) I c: 0 '0 ;; Ql :e :J ~ c: U ~ Ul Ql C Cl ~ 0 "'" .c :c x W Ql - I '" Cl 168 6 TO: Project Name: Bid No.: Change Order No.: Change Order Description EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ...........................................................$ Sum of previous Change Orders Amount .......................................$ This Change Order Amount ...........................................................$ Revised Agreement Amount......... ................. ....... .... .... ....... ....... .... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: 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 (For use by Owner: Fund Cost Center: Number: ) Date: Object Code: Project GC-CA.E.5 168 6 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-1 168 6 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 ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on .200_ OWNER By: Type Name and Title GC-CA-F-2 168 6 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as ,200_ 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 16B 6 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; GC-CA-H-1 168 6 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.2 168 & 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. 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 GC-CA.H-3 168 6 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. 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 GC.CA-H-4 168 6 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) 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 GC-CA-H-5 168 6 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, 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, GC.CA-H-6 168 6 certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-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: GC-CA-H-7 16fl 6 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. GC-CA-H-8 168 6 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor GC-CA-H.9 168 6 shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen 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 GC-CA-H-10 168 6 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. 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 GC-CA-H-11 168 6 all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party 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, GC-CA-H-12 168 6 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 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 GC.CA-H-13 168 6 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 sirnilar 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 Agreernent and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract GC-CA-H-14 168 6 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 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 GC-CA-H-15 168 6 not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (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 GC-CA-H-16 168 6 the Contract Documents, to the extent and In such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide 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 GC-CA-H.17 168 6 to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either 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, GC-CA-H.18 168 6 Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design 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 GC.CA-H-19 168 6 consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.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. GC.CA-H-20 168 6 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and GC-CA-H-21 168 6 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 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 GC-CA-H.22 168 6 comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 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 (OS), 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. GC-CA-H.23 168 6 The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor 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 GC-CA-H-24 168 6 the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and 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 GC.CA-H-25 16B 6 all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 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: GC.CA-H-26 34.1.1 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 34.1.32 168 6 Subcontracts and Purchase Orders 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 Costs Cost Proposal 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 Inspection 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-27 168 6 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 (FA 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, FAC. and 62-762, FAC. 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-28 168 6 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-29 168 6 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. GENERAL DEFINITIONS As-Built/Record Survey - A survey preformed to obtain horizontal or vertical dimensional data so that constructed improvements may be located and delineated. Construction Documentation - Noting/Recording of all deviations from the "For Construction Drawings and Specifications. All deviations shall be initialed and dated by the Contractor. Shall or Must - These terms, when used are defined as meaning mandatory. I.BASIC STORMWATER MANAGEMENT DEPARTMENT SUPPLEMENTAL TERMS & CONDITIONS ACCESS OR STAGING TO PROJECT WORK AREA Access to the work site may be limited or restricted. It will be the Contractor's responsibility to inspect the work site prior to submission of the Bid to ensure there will be no ingress and egress issues. In addition, should access or an off site staging area be necessary other than indicated on the plans, the Contractor must be granted and the fee owner must provide written authorization. A copy of the authorization letter must be provided to the Project Manager for the Project file. Any and all related costs to gain access to or for staging purposes for the work site shall be included in the Bid. AS-BUlL TS/RECORD DRAWINGS The Project's Design Professional and his Florida Registered Professional Surveyor and Mapper (P.S.M.) are responsible for the Project's As-Built/Record Drawings unless otherwise specified within the Technical Plans and Specifications. Prior to construction commencement, the Contractor shall meet with the Design Professional and his P.S.M. to determine the Project's critical points to the final As- Builts. The Contractor shall also coordinate with the Design Professional and his P.S.M. to facilitate measurement at those critical Project points. The Contractor's Final Payment shall be withheld pending the Design Professional and his P.S.M. Certification of the contracted improvements is per design. GC-CA-J-1 168 6 During the progress of the work the Contractor shall keep and maintain one (1) "Approved for Construction" copy of all project plans, drawings, specifications, and any addenda, written amendments, change orders, work directives orders, supplemental agreements and other written interpretations and clarifications. It is suggested that there be an "Approved for Construction Ghosted Plan Set" for the Contractor's use. The Contractor shall also note to show updated construction deviations annotated in red line as well as any approved design changes authorized by the Design Professional. All deviations shall be initialed and dated by the Contractor. All survey information depicted on the As-Built Drawings shall be collected under the direct supervision of the P.S.M. in accordance with Florida Statute Chapters 177 and 472 and Chapter 61 G-17 of the Florida Administrative Code. ACCIDENTS OR THEFTS The Contractor shall be responsible to contact the Project Manager to report any accidents or thefts involving or occurring within the work site. Should they occur the Contractor at no additional cost, should photograph the damage or loss and provide the dated photograph to the Project Manager. CONSTRUCTION PROGRESS PHOTOGRAPHS It is the Contractor's responsibility to provide construction progress photographs that help visualize the worksite conditions. Photographs shall be taken prior to construction commencement, during and after all milestones and construction steps. These pictures must be in digital format, date stamped, 3 Mega pixels minimum resolution, in color, and submitted once a week on Wednesday via e-mail or recorded on a CD to the Stormwater Management Department to the attention of the Project Manager. CONTRACTOR'S EMPLOYEES Employees of the Contractor or its Subcontractors shall be properly uniformed and provide a neat appearance. All employees of the Contractor or Subcontractor shall be considered to be at all times the sole employees of the Contractor under his sole direction and not an employee or agent of Collier County. The Contractor shall supply competent and physically capable employees. Collier County will require the Contractor to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable, and whose continued work in the Project's construction services is not in the best interest of the County. CONTRACTOR'S MEETING ATTENDANCE During the Contract the Contractor shall be required to hold weekly progress meetings unless otherwise specified by the Project Manager. The Contractor is responsible to GC-CA-J-2 168 6 record notes and type minutes of the progress meeting and also attend other special meetings that the Project Manager should require. GENERAL SITE CONDITIONS CARE Due care shall be taken of all existing landscaping. The Contractor may be required to perform necessary site pruning on any existing plant's foliage which will interfere with the equipment or work area to limit total removal and/or replacement of the landscape material. The Contractor shall be responsible for replacement at the Contractor's costs unless otherwise approved by the Project Manager. DAILY LOGS The Contractor shall complete and submit to the Project Manager on a weekly basis a Daily Log documenting the Contractor's activities at the Project site such as: 1. Soil or weather conditions which adversely affect the work; 2. Daily job site hours of operation; 3. Number of Contractor's and Sub-Contractor's personnel present and working at the project site; 4. Equipment on the project site; 5. Work description being preformed; 6. Materials received; 7. List of visitors; 8. Any problems that might impact either the cost or quality of the work or the time of performance. INVOICING Upon execution of the Contract and completion of each month's work, the Contractor's Payment Application request along with a Release and Affidavit should be submitted to the Design Professional for review, date stamping, and approval. Upon their approval, the request would be forwarded to the Project Manager for processing. All invoices shall reference the Purchase Order Number and Project Name. After review and approval by the Project Manager, the invoice and all back-up materials will be transmitted to the Finance Department for payment. Payment will be made upon receipt of a proper invoicing and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements. LANDSCAPING,IRRIGATION SYSTEMS AND MAIL BOXES Improved landscape areas containing landscaping, irrigation systems and mailboxes shall be noted and maintained wherever possible. If removed or destroyed during the GC-CA-J-3 168 6 accomplishment of the work, the Contractor shall replace or restore to the original condition or better as part of Project completion. The cost of these items shall be considered incidental to the Project unless discussed and addressed with the Project Manager prior to Project commencement. LANE OR STREET CLOSURE A lane closure for construction shall be limited. Upon proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane maybe restricted from traffic only during non-peak traffic periods 9:01 AM. - 3:29 P.M., Monday through Friday, and 8:00 AM. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the Project Manager. Street closure shall be approved through the Project Manager. When approved the Contractor must notify the respective Law Enforcement Agency, District Fire Department, Emergency Medical Services, and the County Transportation Road Alert Section prior to closure. Lane and street closures shall be indicated on the DailylWeekly Work Logs which are provided to the Project Manager. METHOD OF AWARD The general criteria that will be used for the evaluation of this Bid is set forth in the General Bid requirements along with the responses as stated on the Bid Response Pages. Award of Bid shall be made to the lowest, qualified and responsive Bidder. The Collier County Board of County Commissioners shall be the final judging authority as to which Bid best suits its needs and the interest of Collier County. Bidder shall: 1. Provide copy of their Contractor's License to Collier County. 2. Provide copies of the Contractor's Insurance: a. Worker's Compensation and Employers' Liability b. Commercial General Liability c. Business Automobile Liability 3. Provide a list of all Subcontractors to be used on the Project site. Should the Project work involve traffic signals and or pedestrian crossing signals a copy of the Contract of the Signal Company hired and the Certification of the Level II I.M.SA Tech or better who will be accessing the Signal Box must be included. 4. Provide proof of M.OT Certification and the name, IRS W-4 form of the Bidder Contractor's employee qualifier or a copy of the ContracUAgreement and Certifications of the Company who will be providing the M.O.T. for the Project to be engaged by the Bidder Contractor. GC-CA-J-4 16B 6 If the documentation noted above must be submitted prior to the recommendation of award is presented to the Board of County Commissioners. MISCELLANEOUS RESPONSIBILITIES 1. The Contractor shall make every effort to protect existing facilities. 2. It shall be the Contractor's responsibility to notify in writing the Project Manager of any construction problems or additional construction needs. 3. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed upon, a Change Order to the Work Order completed by the Contractor and Project Manager prior to performing additional services. 4. The Contractor shall communicate frequently with the Project Manager and provide a working schedule after the Notice To Proceed has been issued. The written schedule is required to be kept current with the progress of the work. Should the schedule be changed, it shall be immediately up-dated. 5. The Contractor shall provide all materials, labor, equipment, mobilization/demobilization, any other necessary effort, element and/or component(s) needed to complete the work in its entirety per plans and at the Total Bidded/Quoted Pricing submitted. PRECONSTRUCTION VIDEO It shall be the Contractor's responsibility to provide a preconstruction video tape in DVD format documenting the condition of the Project area prior to commencement of any work. This video tape should capture pre-project conditions of all private property adjacent to the proposed project area and public property in the r/w with the intent to document all existing conditions for use in resolving any post-project private or public property alleged damage claims. The video is to be submitted to the Project Manager prior to construction commencement for the Project file at no additional costs. PROJECT LAYOUT REQUIREMENTS The Contractor shall be responsible to install the work in accordance with the "Approved For Construction Plans and Specifications". Project layout is the Contractor's responsibility. The Design Professional's Florida Registered Professional Surveyor and Mapper (P.S.M.) shall establish survey control and the location of any/all existing boundary monumentation to facilitate its replacement if damaged. The Contractor shall make every effort to preserve stakesllaths, monuments, bench marks, and other control points. A Florida Registered P.S.M. is responsible for the replacement of any & all survey control or boundary corners damaged or destroyed during construction at the Contractor's expense. PROJECT SCHEDULE AND TIME PERIOD The Contractor shall prepare and submit to the Project Manager the Project's schedule prior to the "Notice to Proceed". The schedule of the work's progress shall be updated GC.CA-J-5 168 6 monthly and provided to the Project Manager. Micro Soft Project Format is recommended. The Project shall commence upon receipt of a "Notice to Proceed" letter from the Project Manager and will remain in effect until Final Completion and submission of all the Project closeout documents. Notification of Substantial Completion, Final Completion, and any Claims shall be done in written letter format. Electronic transmission via E-mail is not an acceptable notification form. Should the Contractor see that additional days will be required a Change Order or a Change Order to the Work Order shall be approved. QUANTITIES Indicated in Bid Schedule are expected quantities and are for the purpose of Bid submission. The County reserves the right to adjust such quantities as may be required by the Design Professional during the Contract. RESPONSE TIMES On a twenty-four (24) hour basis, the Contractor may be required to travel to the site immediately to meet with the Project Manager, law enforcement or emergency personnel to resolve an emergency. The Contractor shall respond to a telephone, beeper, or radio call within one (1) hour. There shall be no additional charge for these responses. SANITARY FACILITIES The Contractor shall provide and have serviced portable toilet(s) within the work site area limits as approved by the Project Manager. Each toilet shall be located no further apart within the work area than one-quarter (1/4) mile. SITE MAINTENANCE The work site areas shall be kept clean and neatly maintained during the progression of the work. Any debris on the roadway shall be swept daily or as directed by the Project Manager. The disposal of all debris and construction litter must be at a proper landfill or disposal site. All disposal fees, tipping or charges are to be included in the Bid Schedule Price. Upon completion, the remainder of site's construction and leftover materials are to be collected, hauled away, and disposed of by the Contractor leaving the work site in a restored order. TRAFFIC CONTROL Maintenance of Traffic is solely the responsibility of the Contractor and is to be placed prior to construction. Should the Contractor not place and/or properly maintained the Maintenance of Traffic (M.OT) the Project Manager will require the Project work to cease until the proper M.O.T. has been placed and/or maintained. GC-CA-J-6 168 6 The Contractor shall comply with the requirements of Collier County's Maintenance of Traffic (M.OT) Policy copies of which are available through the Risk Management or Purchasing Department. The Contractor shall obtain and review the Collier County M.OT Policy Requirements prior to submitting a Bid/Quote. The Contractor will be responsible for obtaining copies of all required manuals, M.U.T.C.D., F.D.OT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the M.OT Policy will be enforced under the Contract. High-visibility clothing or vests with retro-reflectorized striping shall be worn at all times by all employees working within Collier County Rights-of-Way (See exception below). This includes personnel that may visit the "work zone" temporarily, such as management and/or vendors. AN.S.I.lI.S.E.A 107-2004 or the most current edition, Class 2 or Class 3 garments are required for daytime use. A Class 3 garment is mandatory for use by flagging personnel during any hours of darkness, including during inclement weather situations, where conditions may create hours of darkness during normal daylight conditions. Exception: When other industry apparel safety standards require workers to wear apparel that is inconsistent with Federal, State or county requirements such as N.F.PA, O.S.HA, AN.S.I., etc., the other standards may prevail. However, apparel must still meet high visibility color requirements of fluorescent lime-green or fluorescent orange only and must be maintained in good condition and replaced as necessary. Ex. Utility workers exposed to high voltage electricity may choose not to wear vests or clothing with retro-reflective striping as long as the color requirements listed above are met. Directional lighted and flashing arrow board may be required. See attached "Maintenance of Traffic Procedure" dated 02-23-06 B. Contractor Requirements (External). UNIT PRICES Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be made for work performed in any task. The Contractors shall include cost of work to be performed under the task in the pay items of which this work is a component. UTILITY CONFLICTS Utility locates shall be conducted prior to commencement of work. Soft digging, pot holing and/or any commonly approved method at the Contractor's discretion may be GC-CA-J-7 168 6 used to locate existing utilities. The construction plans reflect the location of existing utilities from the most reliable information available to the Design Professional. This information is not guaranteed, therefore, the Contractor shall field verify the location of all utilities. The Contractor is required to conduct all necessary research and field exploration(s) to properly identify, locate and resolve any utility conflict(s) not shown in the construction plans. In the event that utility conflict(s) arise, the Contractor will be principally responsible for coordinating with the pertinent utility company/companies in order to resolve such conflict( s). Any and all costs associated with utility conflict(s) would be incidental and should be included in the pricing provided in the Bid Schedule. The Project Manager may make exceptions pending justifications by the Contractor. II. STORMWATER MANAGEMENT DEPARTMENT PROJECT SPECIFIC CONDITIONS There are certain items which are being brought to the Bidder's attention. They are: . The Project's construction is required to take no more that one hundred twenty (120) calendar days from the date of the "Notice to Proceed". The work must be Substantially Complete ninety - (90) days from the "Notice to Proceed", leaving the thirty - (30) days to address Punch-List Items. . Photos of existing conditions are enclosed. . All excess fill material is to be hauled and disposed of by the Contractor at no additional Project costs. . Replacing materials shown on the attached construction plan with an equivalent material will require prior authorization in writing from the Design Professional and the Project Manager. . This Project is activated by a Notice to Proceed (NTP) letter from the Project Manager. . This Project will not require a Performance and/or Payment Bond and it shall therefore not be submitted prior to commencement. Costs for the Bond and other insurances are incidental to this Project. . Required Construction Project Signage. In order to keep the public informed regarding this Stormwater Management project, upon issuance of a Notice to Proceed, the Contractor shall be required to GC-CA-J-8 168 6 ~ provide two (2) Construction Project Signs to be placed on within Old US 41 r/w at the beginning of the project on 4"x 4" white painted support posts which contain, at a minimum, the following information: On the left one quarter (1/4) side of the sign shall contain- The latest Collier County Logo Collier County Board of County Commissioners noted heading and below, their Names with Districts: Donna Fiala 1 Frank Halas 2 Tom Henning 3 Fred Coyle 4 Jim Coletta 5 Specific Note: "Your Tax Dollars At Work" Color: English Ivy Green Glossy Back Ground with White Letters Border: Black Glossy On the right three quarters (3/4) side of the sign - Name of Project: Old US 41 Stormwater Improvements Project Design Professional: Q. Grady Minor & Associates, PA Project Contractor: Project Management: Stormwater Management Dept. Project Completion Date: 2009 Contact For Project Information: Val Prince, Project Manager (239) 252.8192 Color: White Back Ground with English Ivy Green Letters Border: Black Glossy The size of the sign shall be four feet (4') high by eight feet (8') wide unless otherwise requested by the County. The sign shall be in conformance with the Collier County Land Development Code and in a format approved by the County. The standard construction sign format is available upon request from the County Project Manager. The Project Manager shall be provided a proof of the sign format for approval prior to sign construction. Price and payment for the site's Project Signs will be full compensation for furnishing and installation of all materials necessary to complete the Construction Project Signs, including initially erecting or placing and final removal. This shall include, but not be limited to: sign panels complete with sheeting, painting, and message; sign posts and supports, footings, excavation, etc.; and all other work specified in this Section, including all incidentals necessary for the complete item. The County has used Lykins Signteck, 5935 Taylor Road, Naples, FL., 34109, for other Project signage. The contact person was Sarah Nolte at 777-2001. . Asbestos Cement (AC) Pipe may be present on the job site and will require special attention and handling. Coordination by the Contractor or his GC-CA-J-9 168 6 subcontractor approved to handle AC materials is required with the DEP for proper removal, transport, and disposal of the asbestos cement pipe segment at an approved hazardous waste disposal site. There shall be no additional charges for this special attention and handling. PERMITS AND STORMWATER POLLUTION PREVENTION PLAN Permits The following permit(s) for the Project have already been obtained by Collier County or are the Contractors responsibility to obtain, as noted below. Copies of the all permits obtained by Collier County are attached. It is the Contractor's responsibility to read and understand all permit(s) and permit conditions. . Notice of Intent to Use the Generic Permit for Stormwater Discharge from Large and Small Construction Activities DEP Form 62 - 621.300(4)(b) - Collier County has obtained. Permit is attached. Contractor shall transfer Permit to his name and modify if desired. . Collier County Permit to Perform Work and/or Maintenance in the Public Right-of- Way - To be obtained by the Contractor. Owner has received preliminary approval of the plans. Permit(s) and/or Forms which mav be applicable to a Stormwater proiect: Any applicable permit(s), forms, and associated instructions listed in the section below shall be the responsibility of the Contractor, unless otherwise specified in the section above. 1. South Florida Water Manaqement District (S.F.W.M.D.) Permits Water Use Dewatering - Should a dewatering permit be needed, it will be the Contractor's responsibility to apply for and obtain a dewatering permit. The County will only provide the required sets of construction plans along with the corresponding application fee, if needed. 2. Collier County Riqht-of-Way Permit It is the Contractor's responsibility to prepare and submit application forms, and address any request for additional information from the Transportation Services Division RNV Permitting as needed. The Contractor is also responsible for preparing and submitting the Maintenance of Traffic (M.OT) Plan for review and approval by the Transportation Services Division RNV Permitting Section. The County will only provide the required sets of construction plans along with the corresponding application fee. GC.CA.J-10 1686 '.. 3. National Pollutant Discharqe Elimination System (N.PD.E.S.) Construction General Permit N.P.DES. Description Unless otherwise noted, N.P.D.E.S. requirements applies and requires documentation to be prepared and signed by the Contractor before conducting construction operations/activities impacting more that one (1) acre, in accordance with the terms and conditions of the National Pollutant Discharge Elimination System (N.PD.E.S.) Stormwater Permit, as required by Florida Administrative Code (FAC.) Chapter 62 - 621. The Contractor shall be for responsible for implementation, maintenance, and inspection of stormwater pollution prevention control measures in accordance with FAC. Chapter 62 - 621 including, but not limited to, erosion and sediment control, stormwater management plans, waste collection and disposal, off-site vehicle tracking, and other practices shown on the Drawings and/or specified elsewhere in this or other specifications. The stormwater pollution prevention control measures shall include protection of offsite public and private storm sewer facilities potentially impacted during construction. stormwater facilities include streets, inlets, pipes, ditches, swales, canals, culverts, control structures, and detention/retention areas. The Contractor shall prepare and review implementation of the Stormwater Pollution Prevention Plan (S.w.P.P.P.) in a meeting with the County prior to start of construction. Notice Of Intent (N.O.I.) Unless otherwise noted, the Contractor shall fill out, sign, and date a Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, (F.D.E.P. Form 62 - 621.300(4)(b)). Submit the signed copy of the N.O.I. to the County. The County will submit the completed form to the F.D.E.P. along with the required permit fee and a copy of the form to Collier County Engineering Services Department. Certification Requirements On the attached "Operator's Information Form", fill out the name, address, and telephone number for the Contractor, persons or firms responsible for maintenance and inspection of erosion and sediment control measures, including all Subcontractors. The Contractor and Subcontractors named in the Operator's Information form shall read, sign and date the attached Contractor's/Subcontractor's Certification form. GC-CA-J-11 168 6 The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign, and date the attached "Erosion Control Contractor's Inspection and Maintenance Certification Form". Submit both forms to the County Manager or designee before beginning construction. Retention Of Records Retain a copy of the S.W.P.P.P. at the construction site and at the Contractor's office from the date that it became effective to the date of project completion. At project closeout, submit to the County all completed "S.W.P.P.P. Inspection and Maintenance Reports" (example form attached). Records will be retained by the County Manager or designee for a period of three (3) years from the date of project completion. Required Notices The following notices shall be posted from the date that the S.W.P.P.P. goes into effect until the date of final site stabilization: 1. A copy of the submitted N.O.1. and a brief project description, as given in the S.W.P.P.P., shall be posted at the construction site and at the Contractor's office in a prominent place for public viewing. 2. Notice to drivers of equipment and vehicles, instructing them to stop, check and clean tires of debris and mud before driving onto traffic lanes. Post such notices at every stabilized construction exit area. 3. Post a notice of waste disposal procedures in an easily visible location on site. 4. Notice of hazardous material handling and emergency procedures shall be posted with the N.O.1. on site. Keep copies of Material Safety Data Sheets at a location on site that is know to all personnel. 5. Keep a copy of each signed certification at the construction site and at the Contractor's office. GC-CA-J-12 168 6 OPERATOR'S INFORMATION Owner's Name and Address: Contractors' Names and Addresses: General Contractor: Telephone: Site Superintendent: Telephone: Erosion Control and Maintenance Inspection: Telephone: Subcontractors' Names and Addresses: Phone: Collier County Stormwater Management Department 2885 S. Horseshoe Drive Naples, Florida 34104 239.774.8192 Phone: GC-CA-J-13 168 (, CONTRACTOR'S I SUBCONTRACTOR'S CERTIFICATION I certify under penalty of law that I understand the terms and conditions of Florida's National Pollutant Discharge Elimination System (N.P.O.E.S.) Construction General Permit that authorizes storm water discharges associated with activity from the construction site identified as part of this certification, and that I have received a copy of the S.W-P.P.P. Signature: Name: (printed or typed) Title: Company: Address: Signature: Name: (printed or typed) Title: Company: Address: Signature: Name: (printed or typed) Title: Company: Address: GC.CA-J-14 .168 6 EROSION CONTROL CONTRACTOR'S INSPECTION AND MAINTENANCE CERTIFICATION I certify under penalty of law that I understand the terms and conditions of Florida's National Pollutant Discharge Elimination System (N.PD.E.S.) Construction General Permit that authorizes storm water discharges associated with activity from the construction site identified as part of this certification, and that I have received a copy of the S.w.P.P.P. Signature: Name: (printed or typed) Title: Company: Address Date: GC-CA-J-15 Z et ..JI- 0.0:: zO 00. _w 1-0:: Zw Wu t;:iz o::et a.z ZW 01- _Z 1-- ::Jet ..J:!!! ..JQ Oz a.et o::z Wo 1-- etl- ;r;~ :!ia. 0:: In O~ I- In 16B 6 QW ~~ :(0 0..- w>- O::lD W UQ Zw eto:: z- w::J 1-0' Zw etO:: :!!! Z :::!o wi= ..JQ. m- oO:: o::U a.ffl o I- Zl- w:x: :!ie.:> ow w:x: In z o ~ U o ..J In ..J 0 L.; 0:: .8 L.; I- .;.J u 0 :z u I.:; ti 0 OJ - iIJ OJ U "Q c: 0. - ~ 0 <I> ro D- o c: 0 , 168 6 NOTICE OF INTENT TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES (RULE 62-621.300(4), FAC.) This Notice of Intent (NOI) form is to be completed and submitted to the Department before use of the Generic Permit for Stormwater Discharge From Large and Small Construction Activities provided in Rule 62-621.300(4), FAC. The type of project or activity that qualifies for use of the generic permit, the conditions of the permit, and additional requirements to request coverage are specified in the generic permit document [DEP Document 62-621.300(4)(a)]. The appropriate generic permit fee, as specified in Rule 62-4.050(4)(d), F.A.C., shall be submitted with this NOI in order to obtain permit coverage. Permit coveraCle will not be C1ranted without submittal of the appropriate C1eneric permit fee. You should familiarize yourself with the generic permit document and the attached instructions before completing this NOI form. Please print or type information in the appropriate areas below. I. IDENTIFICATION NUMBER: Project I D II. APPLICANT INFORMATION: A Operator Name: B. Address: C. City: I D. State: I E. Zip Code: G. Responsible Authority: F. Operator Status: H. Phone No.: III. PROJECT/SITE LOCATION INFORMATION: A Project Name: B. Project Address/Location: C. City: I D. State: I E. Zip Code: I G. Latitude: 0 , Longitude: 0 , F. County: " " H. Is the site located on Indian lands? Yes No II. Water Management District: J. Project Contact: I K. Phone No.: GC-CA-J-17 168 6 IV. PROJECT/SITE ACTIVITY INFORMATION: Large Construction (Project will disturb five or more acres of land.) Small Construction (Project will disturb one or more acres but less than five acres of land.) land disturbance from commencement through completion of construction: Address in Part II above Address in Part III above Other address (specify below) F State: G. Zip Code: Start Date: Completion Date: V. DISCHARGE INFORMATION A. MS4 Operator Name (if applicable): B. Receiving Water Name: VI. CERTIFICATION: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Date Signed: Signature: GC-CA-J-18 168 6 INSTRUCTIONS - DEP FORM 62-621.300(4)(b) NOTICE OF INTENT (NOI) TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES Who Must File an NOI: Federal law at 40 CFR Part 122 prohibits the point source discharge of pollutants, including the discharge of stormwater associated with large construction activities as defined at 40 CFR 122.26(b)(14)(x) or small construction activities as defined at 40 CFR 122.26(b)(15), to waters of the United States without a National Pollutant Discharge Elimination System (NPDES) permit. Under the State of Florida's authority to administer the NPDES stormwater program at 403.0885, F.S., operators that have stormwater discharge associated with large or small construction activities to surface waters of the State, including through a Municipal Separate Storm Sewer System (MS4), must obtain coverage either under a generic permit issued pursuant to Chapter 62-621, FAC., or an individual permit issued pursuant to Chapter 62- 620, FAC. Where to File NOI: NOls for coverage under this generic permit must be sent to the following address: NPDES Stormwater Notices Center, MS #2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Permit Fee: Permit fees for large and small construction activities to be covered under the generic permit are specified in Rule 62-4.050(4) (d), FAC. The appropriate generic permit fee (either for large or small construction activities) must be submitted along with the completed NOI in order to obtain coverage under the generic permit. Generic permit coverage will not be granted without payment of the appropriate permit fee. The permit fee shall be paid by either check or money order made payable to: "Florida Department of Environmental Protection" Part I - Identification Number Enter the project's DEP identification number (generic permit coverage number) if known. If an ID number has not yet been assigned to this project (i.e., if this is a new project), leave this item blank. Part II - Applicant Information Item A.: Provide the legal name of the person, firm, contractor, public organization, or other legal entity that owns or operates the construction activity described in this NO!. The operator is the legal entity that has authority to control those activities at the project necessary to ensure compliance with the terms and conditions of the generic permit. Items B. - E.: Provide the complete mailing address of the operator, including city, state, and zip code. Item F.: Enter the appropriate one letter code from the list below to indicate the legal status of the operator: F = Federal; S = State; P = Private; M = Public (other than federal or state); 0 = Other GC-CA-J-19 168 6 Items G. - H.: Provide the name and telephone number (Including area code) of the person authorized to submit this NOI on behalf of the operator (e.g., Jane Smith, President of Smith Construction Company on behalf of the operator, Smith Construction Company; John Doe, Public Works Director on behalf of the operator, City of Townsville; etc.). This should be the same person as Indicated in the certification in Part VI. Part III - Project/Site Location Information Items A. _ E.: Enter the official or legal name and complete street address. including city, state, and zip code of the project. Do not provide a P.O. Box number as the street address. If it lacks a street address, describe the project site location (e.g., intersection of State Road 1 and Smith Street). Item F.: Enter the county in which the project is located. Item G.: Enter the latitude and longitude, in degrees-minutes-seconds format, of the approximate center of the project. Item H.: Indicate whether the project is located on Indian lands. Item I.: Enter the appropriate five or six letter code from the list below to indicate the Water Management District the project is located within: NWFWMD= Northwest Florida Water Management District SRWMD = Suwannee River Water Management District SFWMD = South Florida Water Management District SWFWMD = Southwest Florida Water Management District SJRWMD = St. John's River Water Management District Items J. - K.: Give the name, title, and telephone number (including area code) of the project contact person. The project contact is the person who is thoroughly familiar with the project, with the facts reported In this NOI, and who can be contacted by the Department if necessary. Part IV - Project/Site Activity Information: Item A: Check the appropriate box to indicate whether the project involves large construction activity or small construction activity. Check one box only. "Large Construction Activity" means construction activity that results in the disturbance of five (5) or more acres of total land area. Large construction activity also includes the disturbance of less than five acres of total land area that Is part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more. "Small Construction Activity" means construction activity that results in the disturbance of equal to or greater than one (1) acre and less than five (5) acres of total land area. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre and less than five acres. Item B.: Provide the approximate total area of land disturbance in acres that the project will involve from commencement of construction through completion. Items C. - G..: Indicate the location where the Stormwater Pollution Prevention Plan (SWPPP) can be viewed. Provide the address where the SWPPP can be viewed if other than as provided in Parts II or III of the NOI. Note that to be eligible for coverage under the generic permit, the SWPPP must have been prepared prior to filing this NO!. Item H.: Enter the estimated construction start and completion dates in the MM/DDIYY format. GC-CA-J-20 168 6 Part V - Discharge Information Item A.: If stormwater from the project discharges to a municipal separate storm sewer system (MS4), enter the name of the operator of the MS4 (e.g., City of Tallahassee MS4, Orange County MS4, FDOT MS4, etc.). If stormwater from the project does not discharge to an MS4 but rather discharges to surface waters of the State, leave this item blank or indicate "N/A" and skip to Item B of this part. Please note that if the project discharges stormwater to an MS4, you must provide the MS4 operator with a copy of the completed NO!. Item B.: If the project discharges stormwater to surface waters of the State, and not to an MS4, enter the name of the receiving water body to which the stormwater is discharged. Please provide the first named water body to which the stormwater from the project is discharged (e.g., Cypress Creek, Tampa Bay, unnamed ditch to St. Johns River, Tate's Hell Swamp, etc.). Part VI - Certification Type or print the name and official title of the person signing the certification. Please note that this should be the same person as indicated in Item II.G. as the Responsible Authority. Sign and date the certification. Section 403.161, F.S., provides severe penalties for submitting false information on this application (NOI) or any reports or records required by a permit. There are both civil and criminal penalties, in addition to the revocation of permit coverage for submitting false information. Rule 62-620.305, FAC., requires that the NOI and any reports required by the permit to be signed as follows: A. For a corporation, by a responsible corporate officer as described in Rule 62-620.305, FAC.; B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or, C. For a municipality, state, federal or other public facility, by a principal executive officer or elected official. GC.CA-J-21 168 6 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER NOTICE OF TERMINATION (RULE 62-621.300(6), FAC.) This form is to be completed and submitted to the Department to terminate coverage under the Generic Permit for Stormwater Discharge From Construction Activities that Disturb Five or More Acres of Land and the Generic Permit for Stormwater Discharge from Large and Small Construction Activities provided in Rule 62-621.300(4), FAC., and the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity provided in Rule 62-621.300(5), FAC., as well as the conditional exclusion for "no exposure" of industrial activities and materials to stormwater provided in Rule 62-620.100(2)(0), FAC. All information provided on this form shall be typed or printed in in k. I. TERMINATION INFORMATION: A Facility/Project Number: B. Reason for Termination: No longer operator of the facility/project. Final stabilization criteria is met and all stormwater discharges associated with construction activity have ceased (for construction activit onl I. All stormwater discharges associated with industrial activity have ceased (for industrial activity only). No longer meet the condition of "no exposure" (for industrial activity only). II. OPERATOR INFORMATION: A Operator Name: B. Address: C. City: I D. State: E. Zip Code: F. Responsible Authority: G. Responsible Authority's Phone No: H. Responsible Authority's Email Address: I. Responsible Authority's Fax No.: III. FACILITY/PROJECT INFORMATION: A Name: B. Address/Location: C. City: I D. State: I E. Zip Code: F. County: IV. CERTIFICATION: GC.CA-J-22 1681>M6 I certify under penalty of law that all stormwater discharges associated with industrial or construction activity from the identified facility or project that are authorized by the referenced State of Florida generic permit have been eliminated; the facility no longer meets the conditional exclusion for "no exposure" outlined in Rule 62-620.100(2)(0), FAC.; or that I am no longer the operator of the facility or project I understand that by submitting this Notice of Termination, I am no longer authorized to discharge stormwater associated with industrial or construction activity under a generic permit, and that discharging pollutants in stormwater associated with industrial or construction activity to surface waters of the State is unlawful unless authorized by a permit issued pursuant to 403.0885, F.S. I also understand that the submittal of this Notice of Termination does not release an operator from liability for any violations of this permit or conditional exclusion for "no exposure" from NPDES stormwater permitting for industrial activities. Date Signed: Signature: GC-CA-J-23 168 6 INSTRUCTIONS - DEP FORM 62-621.300(6) NPDES STORMWATER NOTICE OF TERMINATION (NOT) Who May File a NOT: Permittees who presently are covered under the Generic Permit for Stormwater Discharge From Construction Activities that Disturb Five or More Acres of Land or Generic Permit for Stormwater Discharge from Large and Small Construction Activities provided in Rule 62-621.300(4), FAC., the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity provided in Rule 62-621.300(5), FAC., or the conditional exclusion for "no exposure" of industrial activities and materials to stormwater provided in Rule 62-620.100(2)(0). FAC. may submit a Notice of Termination (NOT) when their facility or project no longer has any stormwater discharges associated with industrial activity as defined in Rule 62-620.200(46) FAC.; stormwater discharge associated with construction activity as defined in DEP Document 62- 621.300(4)(a); no longer meets the condition of "no exposure" defined in Rule 62-620.100(2)(0), FAC.; or when they are no longer the operator of the facility or project. For construction activities, elimination of all stormwater discharges associated with industrial activity occurs when disturbed soils at the construction site have been finally stabilized and temporary erosion and sediment control measures have been removed or will be removed at an appropriate time, and all stormwater discharges associated with construction activity from the construction site that are authorized under the generic permit have been eliminated. Final stabilization means that all soil-disturbing activities at the site have been completed and that a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of at least 70% for all unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures (e.g., geotextiles) have been employed. Where to File NOT: One copy of the completed NOT shall be submitted to the following address: NPDES Stormwater Notices Center, MS #2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 NOT Application Fee: There is no application fee for submitting a NOT. Additional Notification: If stormwater associated with industrial or construction activity discharged to a Municipal Separate Storm Sewer System (MS4), a copy of the completed NOT shall be provided to the operator of the MS4. For construction activities, if other contractors/subcontractors are covered under the permittee's Notice of Intent (NOI) and/or Stormwater Pollution Prevention Plan (SWPPP), a copy of the completed NOT shall be provided to each additional contractorlsubcontractor known to the permittee to be covered or claiming coverage under the permittee's NOI and/or SWPPP. Contractors/subcontractors claiming coverage under a permittee's NOI must assure proper permit coverage for the duration of their regulated activity. Failure of the permittee to provide a copy of the NOT as provided herein shall not relieve the contractor/subcontractor relying upon the permittee's NOI from the required permit coverage or any potential enforcement action arising from the regulated activity. Part I - Termination Information: Item A.: Enter the DEP Facility/Project Number for the facilitylproject. Item B.: Indicate the reason for termination of coverage. Part II - Operator Information: Item A.: Provide the legal name of the entity (operator) to which coverage was granted. GC.CA-J-24 168 6 Items B. - E.: Provide the complete mailing address of the operator, including city, state, and zip code. Items F. - G.: Provide the name and telephone number (including area code) of the person authorized to submit this NOT on behalf of the operator. This should be the same person as indicated in the certification in Part IV. Items H.-I.: Provide the email address and fax number (including the area code) of the person authorized to submit this NOT on behalf of the operator. If the responsible authority does not have or does not wish to provide this information, indicate "N/A" in the appropriate space provided. Part III - Facility/Project Information: Items A. - E.: Enter the official or legal name and complete street address, including city, state, and zip code of the facility/project site. Do not provide a P.O. Box number as the street address. If it lacks a street address, describe the facility/project site location (e.g., intersection of State Road 1 and Smith Street). Item F.: Enter the county in which the facility/project site is located. Part IV - Certification: Type or print the name and official title of the person signing the certification. Sign and date the certification. Section 403.161, F.S., provides severe penalties for submitting false information on this NOT or any reports or records required by a permit. There are both civil and criminal penalties for submitting false information. Rule 62-620.305, FAC., requires that the NOT be signed as follows A. For a corporation, by a responsible corporate officer as described in Rule 62-620.305, FAC.; B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or C. For a municipality, state, federal or other public facility, by a principal executive officer or elected official GC.CA.J-25 168 6 Maintenance of Traffic Procedure 02-23-06 as Referenced in BASIC STORMWATER MANAGEMENT DEPARTMENT CONDITIONS - TRAFFIC CONTROL SECTION A. Contractor Requirements (External): 1. Each Contractor shall maintain at least one employee on-staff that has obtained a Work Zone Traffic Control Safety Qualification from the International Municipal Signal Association (I.M.SA) or an approved, equivalent qualification from the American Traffic Safety Services Association (A.T.S.SA), the Florida Department of Transportation (FD.O.T.) or any other agency, group or consulting firm that provides acceptable certifications in this area. Approval shall be obtained through Collier County's Risk Management Department. 2. Effective November 6, 2001, each Contractor shall obtain one of the above mentioned qualifications within sixty (60) days upon submission of a bid/quote or prior to the start of any work activity and/or Notice to Proceed, whichever is sooner. Failure to comply with this requirement may result in project shutdown, loss of contract or failure to bid any additional Collier County Projects until qualification is obtained. 3. Each Contractor shall provide copies of qualifications, attached to company letterhead, to COllier County's Risk Management Department for documentation purposes. This file shall be evaluated for adequate qualifications prior to any contract being awarded. A complete copy of the Collier County M.OT Policy is also available from Risk Management. Contact information can be obtained from Attachment # 1. 4. Maintenance of Traffic Policy Review shall be held during the initial pre- construction meeting in order to answer any questions that may arise regarding the Policy. These meetings shall be coordinated through Collier County's Project Management, however, it is ultimately the Contractor's responsibility to make sure all questions and concerns are addressed. 5. Where right-of-way connection or work permits are required, the Contractor shall submit a Maintenance of Traffic (M.OT) Plan for any project involving work or activity that may affect traffic on any County street, roadway, median, bike path or sidewalk. The M.O.T. Plan must be signed by the contractor's qualified "Work Zone" employee or developing agency and submitted to all applicable departments. 6. Specific permitting requirements shall be obtained from Collier County's Transportation Engineering and Construction Management Department, Collier County's Transportation Operations Department, Permit Section, or GC-CA-J-26 168 6 other applicable departments, as necessary. This must be done before any work begins. Contact information is available in attachment # 1. A copy of the M.OT Plan must also be kept at the work location at all times. 7. In the event that the M.O.T. Plan changes during the project, documentation of the change(s) shall be made by the contractor's qualified Work Zone employee and noted on the work-site M.O.T. Plan. The Contractor is not required to forward the changes to the M.O.T. Plan to applicable Collier County departments or their representatives, unless directed to do so. However, the Contractor will be required to show changes on the written M.OT. Plan and present them upon request. 8. The Contractor must ensure that all their employees and sub-contracted employees have knowledge and have proven to be competent in setting up work zones when the Contractor's qualified Work Zone Safety Inspector will not be immediately available. 9. Emergency work that is being performed by a Contractor will not require the Contractor to submit a M.OT. Plan. However, the Contractor must comply with all requirements, as previously described. 10.AII signs shown on the M.O.T. shall comply with the current M.U.T.C.D. - Part VI or the 600 Series of Florida Department of Transportation Design Standards. 11.AII aspects of the current M.U.T.C.D. - Part VI and/or F.D.O.T. Design Standards, 600 series shall be strictly followed and enforced at all times. 12. Every attempt shall be made to avoid lane/road closures: Where it is not possible to completely avoid these closures, the following procedures shall be followed: a. The Contractor shall notify Collier County's T.E.C.M. Department, Transportation Operations Department and/or the Transportation Division's Community Liaison. Collier County will assist in the public notification of said lane/road closures; however, it is ultimately the contractor's responsibility to ensure that all necessary parties have been informed. b. No road/lane closures will be permitted between the hours of 7:00 - 9:00 A.M. and between 3:30 P.M. and 6:30 P.M. Exceptions can be made at the discretion of the Transportation Services Administrator or designee. Emergency closures do not fall under these requirements. If an emergency closure is necessary during the times listed above, notification to applicable Collier County's departments must be made as soon as possible (within 1 hour). GC-CA-J-27 168 6 c. The Contractor must also notify Collier County's Bureau of Emergency Services Division and/or any of the below listed agencies, when, the lane/road closure may cut off a standard route used by Fire, E.M.S., Police or other emergency agencies. The Contractor shall also make the appropriate notifications when closures may affect schools, residents or businesses. d. Such notifications must be made at least 5 working days prior to the start of construction or as soon as possible (within 1 hour) in the event of an emergency. Notification of project termination shall also be made to above-mentioned parties as soon as the project is completed. e. Closures on two-lane two-way roads must be limited, where possible, to single lane closures with traffic controlled by approved traffic control devices, flaggers, temporary traffic lighting and/or other approved means of work zone traffic control as specified within the M.U.T.CD. (current edition) and/or the FD.OT Design Standards (current edition). f. Lane closures on multilane roads should be limited to single lane closures, where possible. Where single lane closures are not feasible, Contractors shall submit justification for the closure of multiple lanes. The Transportation Services Administrator or his designee shall make final determination. However, where multiple lane closures create a greater hazard to pedestrians, bicyclists, vehicular traffic or others using existing sidewalks, bike paths or bike lanes, Collier County's Risk Management will have final authority over these closures. g. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five-minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGGING METHODS. h. If the work cannot be performed without closing all traffic lanes for periods longer than five (5) minute durations, provisions must be made to maintain access to all developed properties, businesses, etc. Access may be granted by properly signed and/or marked detours or other approved methods. 1. The Contractor shall prepare a detailed M.O.T. Plan where road closures are proposed. The detailed M.OT Plan must show the limits of the road closure, detour routes and/or other means of maintaining access, temporary sign age and markings that will be used, and any other information deemed necessary according to state (FD.OT Design Standards 600 Series) and/or Federal (M.UTC.D.) regulations. GC.CA-J-28 168 6 j. The M.OT Plan for road closures shall be submitted to respective parties at least five business days prior to each separate road closure. No road closures, other than for an emergency, are authorized without the prior approval of the Transportation Services Administrator or an appointed designee. k. If an immediate road closure is necessary to safeguard life and/or public or private property, prior approval will NOT be required. However, notification to Collier County Risk Management, the Transportation Services Administrator or designee, the Permits Manager or an appointed designee shall be made as soon as possible (within 1 hour), as long as the notification effort does not compromise the primary efforts to safeguard life and/or property. Upon request from Collier County's Risk Management Department, the Transportation Operations Department or any Collier County Work Zone Inspector, the Contractor shall provide M.O. T. Plans at any time during the project. In the event that the approved MOT plan is not available or not being followed, the Contractor must immediately eliminate all deficiencies. Failure to comply may result in project shutdown until all deficiencies are corrected and will be determined according to the hazards that are presented and their potential effect on public safety. GC-CA-J-29 168 6 COLLIER COUNTY GOVERNMENT CONTACT/EMERGENCY NUMBERS Daytime # Weekday Weekend Fax# EMERGENCY Department Contact Pager # Pager # # Sheriffs Office Dispatch 239.793.9300 239.793.9300 Travis Gossard 239.252.8924 239.252.6406 Day: 239.417.6320 Road Maintenance 239.252.8925 Eve: 239.417.6320 Wastewater Collections Steve Na9Y 239.825.0336 (e) 239.253.8169 Jim Gammell 239.825.0337 Ie) Water Distribution Pam Libby 239.530.6245 239.982.2215 239.263.8619 239.435.4495 Ray Ognibene 239.253.3954 (e) Arturo Morales 239.895.7011 (e) Traffic Signals Bob Register 239.252.8260 239.982.3446 239.982.3446 239.252.5868 Day: 239.252.8260 Bob Tioton Eve: 239.253.0458 Traffic Signs Bob Register 239.252.8260 239.513.5798 239.252.5868 Day: 239.774.8260 Bob Tipton Eve: 239.253.0458 Risk Management - Safety Greg Barlow 239.252.8283 239.252.8048 239.253.0921 Engineer . Purchasing Main Number 239.252.8407 239.732.0844 Community Liaison Main Number 239.252.8192 239.252.7276 Eileen O'Grady 239.252.5801 239.253.5616 (e) 239.252.8365 Connie Dean Alternative Transportation Director Michelle Arnold Day: 239.252.5899 Bob Petersen 239.252.8192, le\ Landscane One rations 239.253.2326 e Transportation Operations Director Bob Tipton Day: 239.659.5787 Day: 239.659.5782 239.659.5782 Eve: 239.598.3123 239.253.0420 (e) Permits Manager Mitch Riley Day: 239.252.5828 Day: 239.659.5767 239.659.5767 239.253.3164 (e) TEeM Liaison Sandi Brunker Oay: 239.252.6271 239.734.0384 (e) Public Utilities Engineering Fred Sexton 239.877.8288 (e) Inspector Revision October 15, 2008 GC.CA.J-30 168 6 EXHIBIT J TECHNICAL SPECIFICATIONS 1. All roadway materials and work shall be supplied and completed in accordance with the FOOT "Standard Specifications for Road and Bridge Construction" dated 2006, as revised to date. 2. Clearing and grubbing shall be limited to the existing north side of the Right-of- Way and other indicated work areas only. Contractor shall be responsible for restoring all areas disturbed by his work. All disturbed areas shall be sodded or hydroseeded to match existing. 3. Design Professional shall be responsible for initial survey control to be used for construction layout. Contractor shall be responsible for all construction layout. 4. Contractor shall field verify all existing culverts and structures in which connections are to be made. 5. Contractor shall be responsible for the cost of all backfill and concrete testing required. Testing shall include the following: A. Culvert, Roadway Crossing Only 1. Bedding: Minimum of 2 tests shall be taken for every 100 lineal feet of pipe being installed. Testing shall be above the top of pipe. 2. Fill: Minimum of 2 tests shall be taken for every 100 lineal feet of fill installed over the pipe. B. Concrete 1. Concrete: A minimum of 3 concrete test cylinders shall be made and tested for each day's concrete placement for cast-in-place structures and driveways. 6. Contractor shall coordinate with all utilities for location of existing facilities and shall coordinate for all utility adjustment, and relocation required. Contractor shall coordinate with Collier County Utilities for the temporary and final relocation of water mains and force mains. Contractor shall coordinate all utility outages which may require night work. During the relocation work of the existing 6" force main at Station 34+00, a contingency meeting will be held with Collier County Wastewater to review the contractor's proposed work. It is anticipated that the existing pump station within Sterling Oaks can be temporarily shut down to allow the work to be completed. GC-CA-J-31 168 6 The contractor shall be responsible for having pumper trucks at the proposed relocation and at the Sterling Oaks pump station(s) to assist in managing wastewater flows. Removed wastewater may be returned to the Collier County wastewater system. During the relocation work of the existing 15" water main at Station 34+00 a contingency meeting will be held with Collier County Water to review the contractor's proposed work. It is anticipated that this main can be shut down for an 8 hour period. Work will be required to be done at night. 7. Contractor shall be responsible for all Maintenance of Traffic for the project. Maintenance of Traffic shall be in accordance with the FOOT Standard Index and the Manual of Uniform Traffic Control Device (MUTCD, Part VI). 8. Contractor shall be responsible for all activities required by the Stormwater Pollution Plan. This shall include installation and maintenance of all stormwater turbidity barriers, silt fences and other devices. Regular inspections shall be made by the Contractor to assure their maintenance. 9. Contractor shall coordinate his work with all other County Contractors and workers. 10. Contractor shall provide a Project Sign upon issuance of a Notice to Proceed. In order to keep the public informed regarding this Stormwater Management project, the Contractor shall be required to provide two (2) Construction Project Signs (4' x 8') to be placed on/within Project Site's Right-of-Way as directed by the County. The sign shall be supported by a minimum of two 4" x 4" white painted posts. The sign shall contain the following information: The left one quarter (1/4) of the sign shall contain the current Collier County logo and a listing of the current Collier County Board of County Commissioners with names and district. Donna Fiala - District 1 Frank Halas - District 2 Tom Henning - District 3 Fred Coyle - District 4 Jim Coletta - District 5 With Specific Note: "Your Tax Dollars at Work" Color shall be: English Ivy Green Glossy Back Ground with White Letters Border: Black Glossy The right three quarters (3/4) side of the sign(s) shall contain the following: Name of Project: Old 41 Stormwater Improvements GC-CA-J-32 168 6 Project Design Professional: Q. Grady Minor & Associates, PA Project Coordinator: Project Management Stormwater Management Dept. Project Completion Date: , 2009 Contact for Project Information: Val Prince, Project Manager (239) 252-5879 Color: White Back Ground with English Ivy Green Letters Border: Black Glossy The size of the sign(s) shall be four feet (4') high by eight feet (8') wide unless otherwise requested by the County. The sign shall be in the conformance with the Collier County Land Development Code and in a format approved by the County. The Project Manager shall be provided a proof of the sign format for approval prior to sign construction. GC-CA-J-33 168 6 EXHIBIT J TECHNICAL SPECIFICATIONS (CONTINUED) MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 WORK INCLUDED A. Work under this contract shall be measured and paid for as specified in this Division. Payment for any item of work shall be full compensation for the following: 1. Furnishing all labor, tools, equipment and material. 2. Incidental clearing, grubbing, hauling and suitable disposal of debris related to the work. 3. Delivering and installation or placement of material. 4. Excavation, dewatering, stabilization, sheeting, harnessing or bracing and backfilling. 5. Testing to meet requirements of these Specification or applicable permit requirements. 6. Safety precautions, traffic management, damages arising from the nature of the work ad action of the elements or any unforeseen difficulties encountered during the prosecution of the work until acceptance by Owner. 7. Costs and expenses for all taxes, commissions, transportation, patent fees and royalties. 8. Final grading and cleanup. 9. Any incidental work normally associated with the item of work. B. The quantities of payment under this Contract will be determined by actual measurement of the completed item, in place, ready for service and accepted by Owner, in accordance with the applicable method of measurement stated below. A representative of Contractor shall witness all field measurement. GC.CA.J-34 168 6 C. Payment for any quantities of work in excess of those shown on the Bid Form will not be made without prior written authorization of such additional work authorized by owner through the Engineer. PART 2 PAYMENT OF ITEMS 2.01 MEASUREMENT AND PAYMENT A. Unless specified otherwise in the Bid Form, work under this Contract shall be measured and paid for as follows: 1. MobilizationlDemobilization: Measurement for mobilization/demobilization shall be by Lump Sum (LS) for the project and shall not exceed 10% of the amount for the Base Bid. The work shall include, but not be limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to and from the project site and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities. The cost of bonds and insurance and any other pre-construction expense necessary for the start of the work, excluding the cost of construction materials, shall be included. 2. Stormwater Pollution Plan: Measurement shall be by Lump Sum (LS) for the project and shall be pro-rated during the construction based upon work competed. Work shall include all labor, materials and equipment necessary for implementation of the Stormwater Pollution Presentation Plan. This shall include initial installation of stormwater pollution barriers, maintenance of barrier and their removal upon completion of work. 3. Maintenance of Traffic: Measurement shall be by Lump Sum (LS) for the Project and shall be prorated during construction based upon the work completed. Work shall include all labor, material and equipment to provide a safe work zone adjacent to Old 41 and maintain safe traffic at all driveway and roadway crossings. 4. Project Signs: Measurement and Payment shall be by Each (EA) for the project. Work shall include all labor, material and equipment to provide, install and maintain the Project Signs at the site. Upon completion of the Work, the signs shall be removed and disposed of properly. 5. Clearing and Grubbing: Measurement and payment shall be by ACRE and shall be based upon work completed. Work shall include all labor, materials and equipment for each Clearing and GC-CA-J-35 168 6 Grubbing. This shall include but not be limited to: existing vegetation and landscape removal and removal of miscellaneous items or otherwise identified or compensated for. 6. Temporary and Permanent Utility Relocation: Measurement and payment shall be per EACH (EA) identified location for water or wastewater main relocation. Work shall include all labor, materials and equipment for Temporary and Permanent utility relocation. This shall include but hot be limited to: coordination with Collier County Utility for temporary outages and other requirements; construction of temporary bypasses; final construction of relocated water and wastewater mains as required. 7. Utility Main Concrete Encasement: Measurement and payment shall be per Lineal Foot (LF) of water main or force main concrete encasement or pad over. It shall include all labor, material and equipment necessary for excavation, concrete encasement, backfilling and restoration. 8. Traffic Sign Removal/Reinstallation: Measurement and Payment shall be Lump Sum (LS) for the project and shall be prorated during construction based upon the work completed. Work shall include all labor, materials and equipment to remove existing traffic signs, stockpile during construction and reinstall as work progresses. 9. Culvert Removal: Measurement and Payment shall be per Lineal Foot (LF). Work shall include all labor, materials and equipment necessary for excavation, pipe removal as indicated, backfilling and compacting and restoration. Shall include any end treatment. 10. Culvert Cleaning: Measurement and Payment shall be per Lineal Foot (LF) of culvert cleaning. Work shall include all labor, material and equipment necessary for cleaning of culvert and disposal of removed material. 11. New Drainage Structures: Measurement and payment shall be per EACH (EA) new drainage structure installed. Work shall include all labor, materials and equipment necessary for installation of new drainage structures at new and existing culverts. (Includes new miter end sections, headwalls, catch basins, etc.) 12. Storm Culvert: Measurement and payment shall be per Lineal Foot (LF) of storm culvert installed. Work shall include all labor, materials and equipment necessary for installation of excavation, pipe installation, backfilling and compacting and miscellaneous restoration. GC-CA-J-36 168 6 13, Valley Gutter: Measurement and payment shall be per Lineal Foot (LF) of valley gutter installed. Work shall include all labor, material and equipment necessary for its installation including saw cutting of existing pavement, excavation, compacting, valley gutter installation and miscellaneous site restoration. 14. Rip Rap Blanket: Measurement and payment shall be per Square Yard (SY) of Rip Rap installed. Work shall include all surface preparation and grading and Rip Rap installed. Rip Rap shall be FOOT Rubble (Ditch Lining). Spec. 530-2.2.2. 15. Channel RealignmenUConstruction: Measurement and payment shall be per Lineal Foot (LF) for the Channel RealignmenUConstruction. It shall include all excavation, filling and compacting, grading, hydroseeding and other miscellaneous work. Approximate Cut and Fill Volume has been given on the Plan. Each Contractor should determine the exact amount of Cut and Fill required. No separate payment shall be made for rock excavation. 16. Clearing and Grading: Measurement and Payment shall be per Lump Sum (LS) for clearing and grading areas identified on the plans. Work shall include all labor, material and equipment to clear all vegetation, dispose of property, grade and hydroseed altered areas. 17. Drainage Swale Regrade: Measurement and Payment shall be per Lineal Foot (LF) of drainage swale regarding. Work shall include all labor, material and equipment necessary for clear and grub, regrade existing drainage swale for positive outfall and restore with bahia sod. 18. Guardrail: Measurement and payment shall be per Lineal Foot (LF) of guardrail installed. It shall include all labor, material and equipment necessary for the guardrail installation with the miscellaneous asphalt pavement. 19. Guardrail End Treatment: Measurement and payment shall be per EACH (EA) guardrail end treatment installed. It shall include all labor, materials and equipment necessary for a competed installation, 20. Sodding: Measurement and payment shall be per Square Yard (SY) for installation of a 3' strip of sod immediately adjacent to all pavement edges. This is a part of the Base Bid. Additional sodding as directed may be completed under the Bid Alternate. It GC.CA-J-37 16B 6 shall include all labor, material and equipment necessary for grading sod installation, watering and maintenance until final acceptance. 21. Hydroseeding: Measurement and Payment shall be per ACRE (ACRE) for hydroseeding all the remainder of the channel and right- of-way area not to be sodded or covered with rip rap material. It shall include all labor. Material and equipment necessary for grading, hydroseeding, watering and maintenance until final acceptance. 22. Asphalt Pavement Overlay: Measurement and payment shall be per Square Yard (SY) for pavement overlay installed. Work shall include all labor, material and equipment necessary for miscellaneous surface preparation, milling of adjacent surface as indicated, asphalt overlay and miscellaneous restriping as shown. 23. Gravel Access Road Restoration: Measurement and payment shall be per Square Yard (SY) for restoration of existing gravel access roads. Work shall include all labor, material and equipment necessary to restore existing gravel roadways. GC-CA-J-38 168 6 EXHIBIT K PERMITS The following Permits for the Project have already been obtained by Collier County or are the Contractor's responsibility to obtain, as noted below. Copies of all obtained Permits shall be made available to the Contractor. It shall be the Contractor's responsibility to read and understand all Permit and Permit Conditions. 1. NPDES/FDEP Generic Stormwater Pollution Prevention Permit County has obtained. Permit is attached. Contractor shall transfer Permit to his name and modify if desired. 2. Collier County Right-of-Way Permit Contractor obtained. Owner has received preliminary approval of plans. GC-CA.K-1 __c_~.____ 168 6 EXHIBIT L STANDARD DETAILS Plans and specification prepared by: Q. Grady Minor & Associates, PA and identified as follows: Old 41 Stormwater Improvements as shown on Sheets 1 through 18. DRAWING NO. DESCRIPTION 1. COVER SHEET AND INDEX OF DRAWINGS 2. GENERAL NOTES 3. OVERALL AERIAL PLAN 4. EXISTING CONDITIONS PLAN - SOUTH 5. EXISTING CONDITIONS PLAN - NORTH 6. PLAN AND PROFILE - Sta. 0+00 to Sta. 12+50 7. PLAN AND PROFILE - Sta. 12+50 to STA. 25+00 8. PLAN AND PROFILE- Sta. 25+00 to Sta. 37+00 9. PLAN AND PROFILE - Sta. 37+00 to Sta. 49+00 10. PLAN AND PROFILE - Sta. 49+00 to Sta. 61+00 11. PLAN AND PROFILE - Sta. 61 +00 to Sta. END 12. CROSS SECTIONS - STA. 0+18 to STA. 17+64 13. CROSS SECTIONS - STA. 18+64 to STA. 40+67 14. CROSS SECTIONS - STA. 41+67 to STA. 61+67 15. CROSS SECTIONS - STA. 62+67 to STA. 63+67 16. GRADING, PAVING AND DRAINAGE DETAILS 17. MISCELLANEOUS DETAILS 18. MAINTENANCE OF TRAFFIC DETAILS GC-CA-L-1 168 6 EXHIBIT M PLANS AND SPECIFICATIONS GC.CA-M-1 168 6 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-1