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Backup Documents 02/24/2015 Item #11A ORIGINAL DOCUMENTS CHECKLIST & ROUTIN 1'i .--' t1/1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS S a`'I, O V ,.IJ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGvAR 0 4 2015 c,oTY ATTVRIEY PINK ROUTING SLIP Risk Management Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk r 3I4 `S II 2. County Attorney Office County Attorney Office ym 3 S 3. BCC Office Board of Count Commissioners "\1\7 (( *\\5 4. Minutes and Records Clerk of Court's Office '—'(�,-y 3 / ›I t- c2: :aS 5. Return to Procurement Services Procurement Services Department Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Evelyn Colon Phone Number 252-8375 Purchasing Staff March 3,2015 Contact and Date Agenda Date Item was February 24,2015 V Agenda Item Number 11.A Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 14-6289 Ajax Paving number if document is Number/Vendor Name to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed � k(, by the Office of the County Attorney. jam"` 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. -- 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for t'- Chairman's signature. MEMORANDUM 1 1 A 4 Date: March 6, 2015 To: Diana De Leon, Contracts Technician Purchasing Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #14-6289 "Design Build Agreement" Contractors: Ajax Paving Industries of Florida, LLC Attached is an original of the contract referenced above, (Agenda Item #11A) approved by the Board of County Commissioners on Tuesday, February 24, 2015. The second original will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. Attachment hA1 .0A AJAX; The Future is Riding on Ajax: RESOLUTION OF THE BOARD OF DIRECTORS OF AJAX PAVING INDUSTRIES OF FLORIDA, LLC Resolved, that the following individuals are authorized to enter into contracts and sign bonds with all governmental agencies, municipalities, private developers, and contractors for work performed on behalf of Ajax Paving Industries of Florida, LLC. In addition, resolved, that the following individuals have written authorization to acknowledge receipt of payment by signature on an appropriate Partial, Conditional or Final Waiver, process the filing of a Claim of Lien, Notice of Non-Payment or Satisfaction of Lien according to the Mechanics Lien Law, or process the recovery of outstanding monies due, through the means of Small Claims Court on behalf of Ajax Paving Industries of Florida, LLC, authorized to transact business in the State of Florida in the following manner: / J: es A. J.. os Steven Ja ;i: 11,12 of Exec :ti e Officer/M/3.nager/ Director ire/ter/ 7:// / f / P f - . ,, ,SikAr\ . ichi el A. Horan Steve Ayers 4 Pr dent/ t t-• ber'Sr 2C Ar:a Manager ,''� 1. Mark O. Minich Andy DeCraene Ex c lye Vice President Area M..•-ger- r Vince Haf i Scott Pittman Vice President Area Manager A . ' ...., . ..,41 R Patrick Christie Alvaro Vice President Assistant Secreta .4c(4-- U--A- ---'&-- Json Wescoat In rid I -laney 4 0 ssistant Secretary Asistant Secretary Ajax Paving Industries of Florida,LLC Main:941-486-3600 Fax:941-486-3500 510 Gene Green Road, Nokomis,FL 34275 www.ajaxpaving.com Expires:Perpetual 2/26/13 Gshd/Ajaxforms/Resolution/AjaxLLC An Equal Opportunity Employer HA DESIGN-BUILD AGREEMENT between Collier County Florida and Ajax Paving Industries of Florida, LLC dated bru n.r. .4-( � 2015 "14-6289, Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard" CA HA �/ DESIGN-BUILD AGREEMENT This Agreement is made this 2.7 day of /4 132 vA.y , 2015 between Ajax Paving Industries of Florida, LLC, authorized to do business in the State of Florida (hereinafter called "CONTRACTOR"), whose business address is 510 Gene Green Road, Nokomis, Florida 34275 and the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter called the "OWNER.") 1. CONTRACTOR'S SERVICES AND RESPONSIBILITIES 1.1 CONTRACTOR shall perform, or arrange for the performance of those engineering, surveying, hydro-geological, soils testing, procurement, construction and warranty services ("the Work") necessary in connection with the design and construction of the OWNER's project (the "Project"). These services shall be as described in Exhibit A — "Project Scope and Services", and this Article 1, including but not limited to, all labor, services, materials and equipment as may be required to complete the Work in compliance with the Contract Documents. 1.2 Design Professional Services 1.2.1 CONTRACTOR shall, consistent with applicable state licensing requirements, provide through qualified, licensed design professionals employed by CONTRACTOR, or procured from qualified, independent licensed design consultants, the necessary design services, including engineering surveying, hydro-geological and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit CONTRACTOR to complete the Work as described in Exhibit A-"Project Scope and Services," and this Article 1. The design for the Project shall be set forth in the Construction Documents. All changes, supplements and additions to the Construction Documents shall be subject to OWNER'S review and written approval, such approval to be obtained prior to the commencement of any portion of the Work relating thereto. 1.2.2 The standard of care for all design professional services performed by or arranged by CONTRACTOR shall be consistent with that degree of skill and care ordinarily exercised by members of the design profession practicing under similar circumstances and in the same or similar locality. CONTRACTOR shall use the services of those persons identified in the attached Exhibit K to provide all required professional design services for the Project ("List of Design Professionals"). All changes to the list of Design Professionals set forth in attached Exhibit K must be approved in advance and in writing by OWNER. 1.2.3 CONTRACTOR and OWNER shall agree upon any interim design submissions that OWNER may wish to review, including design criteria, preliminary design reports, drawings, diagrams and specifications as set forth in the Project requirements. CONTRACTOR and OWNER shall meet and confer about the submissions and following the meeting OWNER shall review and approve the interim design submissions. 1.2.4 On the basis of the approved interim design submissions, CONTRACTOR shall prepare Contract Documents showing the scope, extent and character of the construction to be performed by CONTRACTOR. 1.2.5 CONTRACTOR shall provide such descriptions and data as are required for obtaining approvals, permits, licenses, etc., of such governmental authorities having jurisdiction CA 1 1 A to review or approve the final design of the Project, as noted in the Exhibit A—"Project Scope and Services." 1.3 Construction Services 1.3.1 After the Construction Documents have been sufficiently completed by the CONTRACTOR and approved by OWNER in writing for the Project (or such portions thereof as may be designated by OWNER in writing), OWNER shall authorize CONTRACTOR in writing to proceed with the Construction Phase Services. CONTRACTOR shall provide to itself or duly licensed and qualified subcontractors the necessary management, supervision, financing, labor, inspection, testing, start-up, materials, equipment, machinery, tools, fuel, temporary utilities, construction offices and/or other temporary facilities of every kind and type necessary to diligently, timely and fully perform and complete in a good and workmanlike manner the construction of the Project (or designated portions thereof) to permit CONTRACTOR to complete construction of the Project in accordance with all of the terms and conditions of the Contract Documents and as described in Exhibit A-"Project Scope and Services," and this Article 1. 1.3.2 CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures employed for the provision of the Work. CONTRACTOR shall be responsible for the completion of the Work in compliance with the Contract Documents and shall keep OWNER advised as to the progress of the Work by regular weekly written reports. 1.3.3 CONTRACTOR shall coordinate the activities of all Subcontractors. If OWNER performs other work on the Project or at the site with separate CONTRACTORS' under OWNER's control, CONTRACTOR agrees to reasonably cooperate and coordinate its activities with those of such separate CONTRACTORS' so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 1.3.4 CONTRACTOR shall keep the site reasonably free from debris, trash and construction waste to permit CONTRACTOR to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas, including compliance with the Land Development Code, Article VI, Litter, Weed and Exotics Control. Upon Substantial Completion of the Work, or a portion of the Work, CONTRACTOR shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit OWNER to occupy the Project or a portion of the Project for its intended use. 1.3.5 CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall be fully and solely responsible for safety and take all reasonable precautions for the safety of, and shall provide the reasonable protection to prevent damage, injury or loss to: a. All persons on the site or who may be affected by the Work; b. All Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and c. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. CA hA 1.3.6 CONTRACTOR shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall hold regular weekly safety meetings with their staff and shall issue meeting minutes of same. CONTRACTOR's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed. 2. OWNER'S RESPONSIBILITIES 2.1 OWNER shall provide CONTRACTOR with an accurate description of the site where the Work is to be performed and will furnish CONTRACTOR with all available information, i.e., record as-built drawings and legal site descriptions if they are available, the physical characteristics, legal limitations and utility limitations at the site. OWNER will assist in establishing test or boring locations in cooperation with the design professional. 2.2 OWNER will provide for or arrange for a right of entry to CONTRACTOR, its agents, staff, or subcontractors, for the purpose of performing and with the right to perform all acts, studies, and research including, without limitation, the making of tests and evaluations, pursuant to the agreed Work. Subject to applicable law, OWNER will provide CONTRACTOR, its employees and subcontractors, reasonable access to the site. 2.3 OWNER shall designate in writing to CONTRACTOR, prior to the commencement of the Work, a representative who shall be fully acquainted with the Work and who has authority on behalf of OWNER to approve changes in the scope of the Work, approve any daily reports submitted by CONTRACTOR, render decisions promptly, and furnish information expeditiously and in time to meet the time schedule for completion of the Work. 2.4 OWNER recognizes that CONTRACTOR's Services may unavoidably alter the existing site conditions and affect the environment in the work area. 2.5 OWNER shall notify CONTRACTOR of any known health or safety hazard existing on or near the site where Work is to be or is being performed by CONTRACTOR or its subcontractors, with particular reference to utilities and hazardous substances or conditions. 2.6 OWNER shall provide CONTRACTOR with all relevant data and information in its possession relating to the site, the Work and the environmental, geologic and geotechnical conditions of the site and surrounding area and the location of subsurface structures, such as pipes, tanks, cables and utilities as known to OWNER. 2.7 OWNER shall, within seven (7) days of occurrence of any event hereinafter described, give CONTRACTOR written notice of any suspected failure of CONTRACTOR to adhere to either the contract terms or the standard of care described herein. 2.8 CONTRACTOR shall be responsible for acquiring all permits that are part of the Work, as noted in the Exhibit A-"Project Scope of Services." OWNER 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). CONTRACTOR shall be responsible for the costs of obtaining all other required permits. OWNER will apply for permits that the CONTRACTOR can not obtain. 3. INSURANCE REQUIREMENTS 3.1 CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as follows: CA 3.1.1 Workers' Compensation as required by the state where the Work is to be performed including Employer's Liability; Commercial General Liability including Contractual Liability and Explosion, Collapse and Underground, Comprehensive Automobile Liability, including Owned, Non-owned and Hired Vehicles. 3.1.2 Limits of Liability Provided: (a) Workers' Compensation in the statutory limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employer's Liability with a limit of$1,000,000 each accident. b) Commercial General Liability: Bodily injury - $1,000,000 per person, $1,000,000 each occurrence. Property damage - $1,000,000 per occurrence; Annual aggregate for all claims of $2,000,000. c) Automobile Liability - Combined Single Limit$1,000,000 all autos. d) Excess Umbrella -$ 1,000,000. e) Pollution - $1,000,000. f) Professional Errors and Omissions - $1,000,000 per claim. 3.2 OWNER and CONTRACTOR waive against each other and OWNER's separate CONTRACTORS, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNER's separate CONTRACTORS, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 3.3 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. 3.4 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 this Article 3, and Exhibit B "Insurance Requirements", with certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if any). 3.5 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. 3.6 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 3.7 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 CA 11A satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONTRACTOR's sole responsibility. 3.8 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. 3.9 The CONTRACTOR and/or its insurance carrier shall provide thirty (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. 3.10 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 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. 3.11 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 to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificates) shall be considered justification for the OWNER to terminate the Agreement. 4. INDEMNIFICATION 4.1 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, its Design Consultants, and its Subcontractors, anyone employed directly or indirectly by any of them or anyone employed or utilized by the CONTRACTOR in the performance of this Agreement. 4.2 The duty to defend under this Article 4 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 4 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. CA 114 5. CONSEQUENTIAL DAMAGES Neither CONTRACTOR nor the OWNER shall be liable to the other for incidental or consequential damages, whether arising in contract, tort (including negligence), statute or strict liability. 6. LAWS AND REGULATIONS 6.1 CONTRACTOR will comply with applicable federal, state and local laws and regulations. 6.2 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida. 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. 7. INDEPENDENT CONTRACTOR CONTRACTOR is an independent CONTRACTOR and the detailed means, manner and method of performing the Work are under the sole control of CONTRACTOR or its subcontractor(s). 8. CONTRACT AMOUNT 8.1 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 amounts (herein "Contract Amount"), in accordance with the terms of this Agreement: For all Design Phase Services, including, but not limited to, causing the preparation of the Construction Documents, providing value engineering services, reviewing Construction Documents for constructability, assisting and meeting with the OWNER during the various design phases, and preparing cost estimates and schedules, and for all Construction Phase Services to be provided by the CONTRACTOR hereunder, OWNER shall pay CONTRACTOR for the Cost of the work (as that term is defined hereafter), a total lump sum of$19,430,000.00 (nineteen million, four-hundred thirty thousand dollars and 00/100) for the entire Project. Payment terms for this sum are described in 8.2 below. 8.2 Monthly Progress Payments 8.2.1 The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Prior to submitting its first monthly Application for Payment, CONTRACTOR shall submit to OWNER, for review and approval, a Risk Management Safety Plan, Quality Assurance /Quality Control Plan, a Critical Path Method Schedule showing critical path, interdependencies and slack or float, a Hurricane Plan, and 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 OWNER, 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 to the OWNER along with a completed copy of the "Application for Payment Form" as prescribed in Exhibit D-1 signed by the CONTRACTOR's authorized representative and attached to the Agreement as Exhibit D -1 "Schedule of Values." 8.2.2 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 agreed to by the OWNER in writing, the Application for Payment shall also be accompanied by a (ci3 114 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 subsequent Application for Payment, CONTRACTOR also shall complete and submit to OWNER as part of its Application for Payment. 8.2.3 CONTRACTOR shall submit four (4) copies of its monthly Application for Payment to the OWNER or his designee. The OWNER or his designee 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 contractual basis 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 shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Procurement and Finance Departments, respectively. In the event of a total denial and return of the Application for Payment by the OWNER or his designee, the CONTRACTOR may make the necessary corrections and re- submit the Application for Payment. 8.2.4 OWNER shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved for payment, whichever is less. Such sum shall be accumulated and not released to CONTRACTOR until final payment is due unless otherwise agreed to by the OWNER in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. At the point at which the OWNER has expended fifty percent (50%) of the total cost of construction services as defined by OWNER, OWNER shall reduce the amount of the retainage withheld on each subsequent payment request to five percent (5%) subject to the guidelines set forth in Florida Statute 255.078. 8.2.5 Monthly payments to the CONTRACTOR shall in no way imply approval or acceptance of CONTRACTOR's work. 8.2.6 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit E, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the OWNER shall not be required to make payment until and unless these affidavits are furnished by the CONTRACTOR. 8.2.7 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 OWNER'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 the CONTRACTOR as set forth in the approved Project Funding Schedule. 8.2.8 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after C:A completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 8.3 Payments Withheld 8.3.1 The OWNER may decline to approve any Application for Payment, or portions thereof, because of evidence or inspections that reveal non-compliance with the contract documents. The OWNER 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, to such extent as may be necessary in the OWNER's reasonable opinion to protect it from loss because of any of the following: (a) defective Work not remedied; (b) third party claims actually filed for which CONTRACTOR is required to indemnify OWNER; (c) failure of CONTRACTOR to make payment properly to subcontractors or for labor, materials or equipment not caused by the failure of the OWNER to make payments to the CONTRACTOR in a timely manner as provided herein; (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, except as provided in Article 15 of this Agreement; (f) unsatisfactory prosecution of the Work by the CONTRACTOR; or(g) any other material breach of the Contract Documents. 8.3.2 If the CONTRACTOR has not remedied or cured or commenced reasonable actions to remedy or cure the conditions described in 8.3.1. no later than receipt of seven (7) calendar days prior written notice OWNER may rectify the same at CONTRACTOR's expense. OWNER also may offset against any sums due CONTRACTOR the amount of any liquidated or non-liquidated obligations of CONTRACTOR to OWNER, whether relating to or arising out of this Agreement. 8.4 Final Payment 8.4.1 OWNER shall make final payment to CONTRACTOR within thirty (30) calendar days after the Work is finally inspected and accepted by the OWNER in accordance with Article 8.4 herein. 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 E. (3) Consent of surety to final payment. (4) Receipt of the final payment check list in the form attached as Exhibit H. (5) If required by OWNER, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by OWNER. (6) 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. 8.4.2 CONTRACTOR's acceptance of final payment shall constitute a full waiver of any and all claims for payment of compensation hereunder by CONTRACTOR against OWNER, except those previously made in writing and identified by CONTRACTOR as unsettled at the time of the 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 OWNER at the time of final inspection. 1 1 A 8.5 Substantial Completion 8.5.1 CONTRACTOR shall notify OWNER or his designee, when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete. Within five (5) days of OWNER's receipt of CONTRACTOR's notice, OWNER and CONTRACTOR will jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Contract Documents. If OWNER agrees in its reasonable discretion that such Work is substantially complete, OWNER shall prepare and issue a Certificate of Substantial Completion attached as Exhibit G. that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing OWNER's and CONTRACTOR's responsibility for the Project's security, maintenance, utilities and insurance pending final payment and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 8.5.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, OWNER shall release to CONTRACTOR any retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 8.5.3 OWNER, at its option, may use a portion of the Work which has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 8.5.1 above, and (ii) OWNER and CONTRACTOR agree that OWNER's use or occupancy will not interfere with CONTRACTOR's completion of the remaining Work. 8.6 Contract Time and Liquidated Damages 8.6.1 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 OWNER. CONTRACTOR shall commence the Work within five (5) calendar days from receipt of the notice of 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. Accordingly, CONTRACTOR agrees to provide the Services in accordance with the schedule attached hereto as Exhibit C—Project Schedule". 8.6.2 The Work shall be substantially completed within 745 (Seven Hundred and Forty-Five) calendar days from the Commencement Date. The date of Substantial Completion of the Work (or designated portions thereof) shall be the date certified by the OWNER, in its reasonable discretion, that construction is sufficiently complete and in accordance with the Contract Documents, so that OWNER can occupy or utilize the Work (or designated portions thereof)for the use(s) for which it is intended. 8.6.3 The Work shall reach Final Completion and be ready for final acceptance by OWNER within 30 (Thirty) calendar days from the Substantial Completion date (herein "Contract Time"). 8.6.4 OWNER and CONTRACTOR recognize that, since time is of the essence for this Agreement, OWNER will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should CONTRACTOR fail to substantially complete the Work within the time period hA noted above, OWNER shall be entitled to assess, as liquidated damages, but not as a penalty, $5,696.00 (Five Thousand Six Hundred and Ninety-Six Dollars and 00/100) 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 OWNER's Project Manager or his designee issues a Certificate of Substantial Completion pursuant to the terms hereof. CONTRACTOR hereby expressly waives and relinquishes all rights which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents fair and reasonable estimates of the OWNER's actual damages at the time of contracting if CONTRACTOR fails to substantially complete or finally complete the Work as scheduled. 8.6.5 CONTRACTOR agrees to promptly pay any and all fines and/or penalties that may be imposed upon Collier County by the State of Florida and/or any agency (or agencies) of the State of Florida arising as a result of CONTRACTOR's failure to substantially complete the scope of work within the time limits specified in this Agreement. CONTRACTOR is hereby authorized on behalf of Collier County to contest and/or otherwise dispute any and all such fines and/or penalties should any be threatened to be imposed 8.6.6 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 lime; 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. 8.6.7 The OWNER shall have the power to suspend all or any portions of the services to be provided by CONTRACTOR hereunder upon giving CONTRACTOR two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the 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 Article 8 herein. 8.6.8 When any period of time is referenced herein by "days", the days shall be computed to exclude the first day and to include the last day of such time period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday in Collier County by Federal or Florida Law, each such day shall be omitted from the computation, and the last day shall become the next succeeding business day which is not a Saturday, Sunday or legal holiday in Collier County, Florida. A day shall be a legal holiday in Collier County only if the government of Collier County recognizes that holiday by giving that day off from work by most of its employees or the CONTRACTOR recognizes that day as a legal holiday and thereby gives the majority of its workers the day off from work. 8.6.9 For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the OWNER will count default days as "calendar days." 11i\ 8.6.10 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/or 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. 8.6.11 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 damages due under this Agreement in OWNER's sole discretion. 8.6.12 Notwithstanding anything herein to the contrary, The OWNER does not waive its right to damages due under the Contract by allowing the CONTRACTOR to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. 8.6.13 In the case of a default of the Contract by the CONTRACTOR and the completion of the Work by the OWNER, the CONTRACTOR and his surety are liable for the damages under the Contract, but the OWNER will not charge damages for any delay in the Final Completion of the OWNER's performance of the work due to any unreasonable action or delay on the part of the OWNER. 8.6.14 The OWNER considers the Contract complete when the CONTRACTOR has completed in its entirety all of the work and the OWNER, in its reasonable discretion, has accepted all of the work and notified the CONTRACTOR in writing that the work is complete. The OWNER will then release the CONTRACTOR from further obligation except as set forth in his bond and except as provided in the Contract. 8.6.15 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. 9. CHANGES IN THE WORK 9.1. OWNER shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, CONTRACTOR shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon mutual written agreement of the parties, 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. 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 wilt 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. 9.2. A Change Order, in the form attached as Exhibit F-1 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 '+A lilt be adjusted in the Change Order in the manner as OWNER and CONTRACTOR shall mutually agree. 9.3. 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 the forms attached as Exhibit F-2. 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 and in strict compliance with Section 10 of these General Conditions or else be deemed to have waived any claims with regard to that adjustment or those adjustments. 9.4 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 labor and material costs and reasonable actual equipment costs as a direct result of the change (including allowance for labor overhead costs) plus a maximum ten percent (10%) markup for profit, provided also that the respective increase(s) (including those below as to Subcontractors, etc.,) would not have been incurred but for those specific change(s). 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 Subcontractor'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. 9.5 OWNER shall have the right to conduct an audit of CONTRACTOR's books and records to verify the accuracy of the CONTRACTOR's claim(s) with respect to CONTRACTOR's costs associated with any Change Order. The OWNER 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 that is 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. 9.6 Any modifications to this Contract shall be in compliance with the County's Purchasing Ordinance and Purchasing Procedures in effect at the time such modifications are authorized. 10. DISPUTE RESOLUTION 10.1 A 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. 10.2 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. 10.3 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 ono 1 1 A agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents pending resolution of any Claim. 10.4 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of'Florida. The mediation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached at mediation to OWNER's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 11. ASSIGNMENT CONTRACTOR shall not assign this Agreement or any part thereof without prior expressed written consent of OWNER, which shall not be unreasonably withheld. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without such 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. 12. HAZARDOUS CONDITIONS 12.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR is not responsible for any Hazardous Conditions encountered at the site. Upon encountering any Hazardous Conditions, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER. 12.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER shall take the necessary measures required to ensure that the Hazardous Conditions are remedied or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 12.3 CONTRACTOR shall be obligated to resume Work at the affected area of the Project only after OWNER'S expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or site. 12.4 CONTRACTOR will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTOR's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 13. DIFFERING SITE CONDITIONS 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) 114 , 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 ten (10) 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. 14. PERFORMANCE OF WORK AND REMEDY 14.1 CONTRACTOR shall obtain and assign to OWNER all express warranties given to CONTRACTOR or any subcontractor(s) by any material men 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 except to the extent, if any, expressly specified otherwise, and that all Work shall be of good quality, free from all material defects and in conformance with the Contract Documents. CONTRACTOR further warrant 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. These warranties are in addition to those implied warranties to which OWNER is entitled as a matter of law. 14.2. No later than thirty (30) days prior to expiration of the warranty, the Project Manager, or any other 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 County to disqualify the CONTRACTOR from future County bid opportunities. 15. FORCE MAJEURE 15.1 Not withstanding anything to the contrary contained herein, if CONTRACTOR is delayed at any time in the progress of the Work contemplated hereunder by any act of the OWNER, by act of force majeure, by any act of CONTRACTOR, of OWNER or a third party, by adverse weather conditions not reasonably anticipated, or by unavoidable casualties, or by any other cause beyond CONTRACTOR's control, or by delay authorized by OWNER, the time for completion of the Work shall be extended for a time equal to the time of such delay, and 11A CONTRACTOR shall be compensated for changes in the Work necessitated by such force majeure event provided, however, that the delay would not have occurred but for the act or the force majeure. 15.2 in the event either party to this agreement is rendered unable, either wholly or in part, by an act or force majeure as described hereinabove, to carry out its obligation under this Agreement, other than its obligations to make payments when due, then the party affected by such act or force majeure, as described hereinabove, shall give written notice with clear explanation to the other party within five (5) business days of discovery of the act or force majeure. Following such notice, the effective obligations of the party giving notice shall be suspended only during the continuance of the act or force majeure, provided good faith due diligence is demonstrated in seeking remedy to the cause. 15.3 The term "force majeure" as employed herein shall mean acts of Nature, acts of public enemy, war, blockade, insurrection, riot, act of terrorism, epidemic, landslide, lightning, earthquake, fire, storm, flood, washout, civil disturbance, explosion, labor dispute, inability with reasonable diligence to obtain material(s) and/or any other substantially similar cause(s) not within the reasonable control of the party claiming a suspension despite that party's due diligence. 16. CHANGE IN LAW CONTRACTOR shall be compensated for changes in the Work and the time for completion of the Work shall be extended as necessitated by the occurrence of any of the following on or subsequent to the Agreement Date: (a) the enactment, adoption, promulgation, modification, repeal, or formal change in interpretation of any federal, state or local law or regulation having the force of law; (b) the issuance or modification of an order, decree, or judgment of any federal, state or local court, administrative agency or governmental officer or body, acting in a judicial or quasi-judicial capacity, if the issuance or modification of any such order, decree, or judgment is not also the result of CONTRACTOR's negligent or willful action or failure to act.; or (c) the delay in the review, issuance or renewal of or suspension, termination, interruption, denial, failure to issue or failure to renew any legal requirement, permit or approval, or the imposition of a term, condition or requirement which is more stringent or burdensome than that required by the Project Scope, if such act is not also the result of CONTRACTOR's negligent or willful action or failure to act. 17. TERMINATION FOR CAUSE 17.1 CONTRACTOR shall be considered in material default of the Agreement and such default shall be considered cause for OWNER to terminate the Agreement, in whole or in part, as further set forth in this Section, if CONTRACTOR: (1) either 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 fails to correct or replace such Work as may be rejected by OWNER (or. OWNER's representative) as being unacceptable or unsuitable; or (4) discontinues prosecution of the Work; or (5) fails to resume Work that has been suspended within a reasonable time after being notified to resume the Work, or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) makes an assignment for the benefit of creditors; or (8) fails to obey any then applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (9) materially breaches any other provision of the Contract Documents. Termination of the Agreement pursuant to subparagraphs (6) and (7) herein is allowed to the extent not prohibited by then applicable law. 17.2 OWNER shall notify CONTRACTOR in writing of CONTRACTOR's default(s). If OWNER determines that CONTRACTOR has not remedied and cured the default(s) or commenced reasonable actions to effect a remedy or cure, within seven (7) calendar days following receipt 11 ,4 by CONTRACTOR of said written notice, then OWNER, at its option, without releasing or waiving any of its rights and remedies against 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 may take possession of all or any portion of the Work, may take assignments of any of CONTRACTOR's subcontracts and purchase orders, and may complete all or any portion of CONTRACTOR's Work by whatever lawful means, method or agency which OWNER, in its sole discretion, may choose. 17.3 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 reasonable attorneys' fees, including appeals) or damages incurred by OWNER incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, CONTRACTOR agrees to pay promptly to OWNER on demand the full amount of such excess, including costs of collection, reasonable attorneys' fees (including appeals) with interest thereon (compounded monthly until paid in full) at the Prime Rate as published daily in the Wall Street Journal. 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 with such interest 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 OWNER, upon application, and this obligation for payment shall survive termination of the Agreement. 17.4 The liability of CONTRACTOR hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by OWNER in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 17.5 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 CONTRACTOR's remedies against OWNER shall include all costs and expenses incurred by the CONTRACTOR as a result of the OWNER's actions, including reasonable attorney's fees. 17.6 The OWNER shall use all reasonable and diligent, good faith efforts to mitigate any of its damages against the CONTRACTOR. 18. TERMINATION FOR CONVENIENCE 18.1 OWNER shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to CONTRACTOR. In the event of such termination for convenience, CONTRACTOR's recovery against OWNER shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but CONTRACTOR shall not be entitled to any other or further recovery against OWNER, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 18.2 OWNER shall have the right to suspend all or any portions of the Work upon giving CONTRACTOR not less than five (5) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended for an aggregate of thirty (30) calendar days or 13 A less, 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. If the aggregate suspension is more than thirty (30) calendar days, the CONTRACTOR be entitled to a reasonable extension of time and additional compensation. 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. 19. PERFORMANCE BOND AND PAYMENT BOND 19.1 CONTRACTOR shall provide Performance and Payment Bonds, in the forms prescribed in Exhibit I, in the amount of 100% of the Contract Amount, the costs of which to be paid by CONTRACTOR. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to OWNER, provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Moreover, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, Florida Statutes shall govern the rating and classification of the surety. 19.2 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 fourteen (14) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the OWNER's approval. 19.3 At the time CONTRACTOR executes this Agreement, CONTRACTOR shall deliver to OWNER proof, reasonably acceptable to OWNER, of CONTRACTOR'S ability to deliver the Performance and Payment bonds required hereunder 20. TITLE TO WASTE At no time will CONTRACTOR take title, constructive or express, to any hazardous or toxic substance or constituent, to any waste, or.to any asbestos or asbestos containing-materials. 21. SAMPLES Test specimens or samples generally are consumed or substantially altered during testing and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposed of thirty (30) days after CONTRACTOR's submission of its report. NON-HAZARDOUS SAMPLES. At OWNER's written request, CONTRACTOR will retain preservable test specimens or the residue there from for thirty (30) days after submission of CONTRACTOR's report free of storage charges. HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. In the event that samples contain hazardous constituents, CONTRACTOR will return such samples to OWNER, or using a manifest signed by OWNER as generator, CONTRACTOR will have such samples transported to a location selected by OWNER for final disposal. OWNER agrees to pay all costs associated with the storage, transport, and disposal of samples. OWNER recognizes and agrees that CONTRACTOR acts as a bailee and at no time assumes title to said materials. 22. DOCUMENTS 22.1 All documents, including but not limited to, drawings, specifications, reports, boring logs, field notes, laboratory test data, calculations and estimates, prepared by CONTRACTOR as instruments of service pursuant to this Agreement, shall be OWNER's sole property, upon payment of all compensation due to the CONTRACTOR hereunder. OWNER agrees that all documents of any nature furnished to OWNER or OWNER's agents or designees, if not paid for, will be returned upon demand and will not be used by OWNER for any purpose whatsoever. 22.2 Upon the completion or termination of this Agreement, as directed by OWNER, CONTRACTOR shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONTRACTOR under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONTRACTOR. CONTRACTOR shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONTRACTOR, at its own expense, may retain copies of the Project Documents for its files and internal use. 22.3 CONTRACTOR shall keep such full and detailed records as may be reasonably necessary to reflect: a) proper financial management under this Agreement; and b) the Services performed, including, when applicable, testing, sampling and investigatory services performed by CONTRACTOR. Such records will be subject to review by OWNER on the condition that OWNER identifies, in writing, those documents requested. Documents will be available for inspection at mutually agreeable times for a period of two (2) years after the Services have been completed, or longer where required by law. 22.4 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONTRACTOR hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER's use on this Project. CONTRACTOR warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONTRACTOR consents to OWNER's use of the Project Documents to complete the Project following CONTRACTOR'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONTRACTOR also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. 23. CONFIDENTIALITY, 23.1 CONTRACTOR shall treat as confidential property and not disclose to others, any information (including any technical information, experience or date) regarding OWNER's plans, programs, plants, processes, products, costs, equipment, operations or customers which may come within the knowledge of CONTRACTOR, its officers or employees, agents or consultants in the performance of this Agreement, including any data gathered and reports prepared by CONTRACTOR, without in each instance securing the prior written consent of OWNER. 23.2 Nothing contained herein, shall prevent CONTRACTOR from disclosing to others or using in any manner information which it can show: a. Has been published and has become part of the public domain other than by the acts, omissions or fault of CONTRACTOR its employees, agents or consultants; coo 11 A b. Has been furnished or made known to CONTRACTOR by third parties (other than those acting directly or indirectly for or on behalf of CONTRACTOR or OWNER) as a matter of legal right without restrictions on its disclosure; c. Was in CONTRACTOR's possession prior to the disclosure thereof by OWNER to CONTRACTOR; d. Was independently developed by CONTRACTOR; or e. Was required to be disclosed by law. Provided, however, CONTRACTOR shall not release, or cause or allow the release of, information to the communications media, except as required by law, concerning the existence or terms of this Agreement. The foregoing obligations shall survive the termination or expiration of this Agreement for a period of two (2) years from the completion of Services. 24. SEVERABILITY In the event any provision or part herein shall be deemed invalid or unenforceable, the other provisions or parts hereof shall remain in full force and effect, and binding upon the parties hereto. 25. SURVIVAL All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between OWNER and CONTRACTOR shall survive the completion of the Services and the termination of this Agreement. 26. EXHIBITS INCORPORATED The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Project Scope and Services Exhibit B: Insurance Requirements Exhibit C: Project Schedule Exhibit D-1: Application for Payment Form Exhibit D-2: Schedule of Values Exhibit E: Release and Affidavit Form Exhibit F-1: Change Order Form Exhibit F-2: Work Directive Change Exhibit G: Certificate of Substantial Completion Form Exhibit H: Final Payment Checklist Exhibit I-1: Performance Bond Form Exhibit 1-2: Payment Bond Form Exhibit J: Truth in Negotiation Certificate Exhibit K: List of Design Professionals 27. NOTICES Any notices required to be given under the terms of this agreement shall be provided in writing and posted in regular mail, postage prepaid, to the following addresses: CONTRACTOR: OWNER: Ajax Paving Industries of Florida, LLC Collier County Government 510 Gene Green Road Procurement Services Department Nokomis, FL 34275 3327 Tamiami Trail East Attn.: Mark O. Minich Naples, Florida 34112 Executive Vice President Attn.: Joanne Markiewicz, Director, Procurement Services 00 I I A For the purposes of this Agreement, notices shall be deemed to have been received upon three (3) days time after posting of the written notice in the U.S. Mail. 28. CAPTIONS AND HEADINGS The captions and headings throughout this Agreement are for convenience and reference only, and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify, or add to the interpretation, construction or meaning of any provision of, or scope of intent of, this Agreement nor in any way affect this Agreement. 29. VENDOR PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, CONTRACTORS will be evaluated on their performance upon completion/termination of agreement. 30. TRUTH IN NEGOTIATION CERTIFICATE In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONTRACTOR agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Exhibit J, certifying that wage rates and other factual unit costs supporting the compensation for CONTRACTOR'S Design Professional services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONTRACTOR agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. 31. ENTIRE AGREEMENT 31.1 This Agreement, and any attachments or other documents incorporated by reference herein, supersede any previous written or oral contracts or negotiations and this Agreement shall constitute the complete Agreement between the parties hereto and is subject to change only by an instrument in writing and signed by OWNER and CONTRACTOR. No third party beneficiary is anticipated or intended by this Agreement. 31.2 The Parties agree that the provisions of these terms and conditions shall control over and govern as to any form writings signed by the Parties, such as Purchase Orders, Work Orders, or other Order, and that such forms may be issued by OWNER to CONTRACTOR as a matter of convenience to the Parties without altering any of the terms or provisions hereof, regardless of the language appearing on such Order which may be contrary. In case of conflict, the terms of this Agreement shall govern. 32. SUBJECT TO APPROPRIATION It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. i;A 11 /1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above and continuing for one year from that date unless terminated earlier by mutual agreement or as described herein: ATTEST: CONTRACTOR: Ajax ' • ! Ind ( rid tiii/Air i First Witnes- I By: E LIVE:3- 'A -LLC Signature Printed Name tlitE.K 0• 11i�vrc,H1 ,�7ckC. vic4- ?' ' Title • Vaj._at_4_,21 Second Witq-ss Date: 3 - - ) 0/5- Gr< <D 1� �1an Printed Name Date: 3 - 0/r OWNER: DWIGHT E'' BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA I e l® I�S By:Attesfas Tim Nance, Chairman signature only. Approved as to Form and Legality: Cigika(airit(69-4 -Assistant County Attoy Item# Agenda 2..k.41. Dace 3)io J(c Recd i urpury U i is t. 11A EXHIBIT A PROJECT SCOPE AND SERVICES DESIGN-BUILD SERVICES FOR DESIGN-BUILD GOLDEN GATE BOULEVARD 4-LANE, EAST OF WILSON BOULEVARD Background: In December of 2008, a design was completed for the 6-lane widening of Golden Gate Boulevard (CR 876) from Wilson Boulevard to DeSoto Boulevard. Due to budget constraints and long range transportation needs projections, the County determined that Golden Gate Boulevard would only need four lanes. It was further determined that Transportation Engineering (TE) Department would pursue a redesign of the project to four lanes in a four-lane right-of-way section. The redesign would be taken to 60% plans and all permits (except for BCB and dewatering permitting) would be obtained so that the County may, at a future date, pursue final design plans, or construct the project as a Design- Build, when construction funding becomes available. By March 2010, the 60% redesign was completed; however, the environmental resource permit for the project has been obtained. The original design and subsequent 4-lane 60% re-design included the replacement of three bridges: 1) the Golden Gate Main Canal (Bridge #034026), 2) Miller Canal (Bridge#034028), and 3) the Faka Union Canal (Bridge#034030). Bridges No. 034026 and 034028 have since been reconstructed with a previous construction project. This project also included the preliminary design (4-lane) of the two bridges which shall be used for this DB project. This new project is for the 4-lane widening of Golden Gate Boulevard east of Wilson Boulevard, excluding the Wilson Boulevard/Golden Gate Boulevard intersection, including the Golden Gate Main Canal Bridge. The project begins at the beginning of the two/four-lane transition east of Wilson Boulevard. The project terminus is the 16th Street NE intersection, including all required FDOT standard tapers east of the intersection. FDOT standard tapers east of the intersection are included also. A Notice to Proceed (NTP) shall not be granted to the Contractor for construction until after all right-of-way has been acquired. Description of Work: The Contractor shall provide Design-Build services including the final design, permitting and construction of Golden Gate Boulevard 4-Lane, east of Wilson Boulevard. The Contractor shall perform all aspects of the design, permitting and construction of this project as stated in the complete Project Scope. of Services in Request for Proposal (RFP) 14-6289, "Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard" and addenda, incorporated by reference and attached hereto following this page. Page l A-1 EXHIBIT A - ---- 1 1A REQUEST FOR PROPOSAL In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. Mn tail* AckninisbativeSeivicesDiviiion Purchasing CCNA Solicitation COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RFP 14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard Evelyn Colon, Procurement Strategist (239) 252-2667(Telephone) (239) 252-2810 (Fax) evelyncolon@colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Jr Nsrhairg Dopars 1.3327 Ti atiam Trail East•Napes,Florida 3411?4901•*it%cdriergov anUOUrchasmg 1 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard I I A Email: evelyncolon©colliergov.net Telephone: (239) 252-2667 AdninistrativeSeivioas Division FAX: (239) 252-2810 Purchasing ADDENDUM Memorandum Date: May 7, 2014 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation# and Title 14-6289 Design Build Golden Gate Blvd 4 Lane, East of Wilson The following requirement is issued as an addendum for the referenced solicitation: In order to obtain copies of the Bridge Plans for this project you must fill out the Exempt Documents/Security System Plan Distribution Form (see attachment). A completed form must be submitted to the Purchasing Department in order to receive a CD containing the Bridge Plans. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joseph Delate Addendum#1 1 1 I 1 A Email: evelyncolon @colliergov.net Telephone: (239) 252-2667 Athinistrative Services Division FAX: (239) 252-2810 Pun:hieing ADDENDUM #2 Memorandum Date: May 21, 2014 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum #2: Solicitation: 14-6289 Design Build Golden Gate Blvd 4 Lane, East of Wilson The following information/requirements are issued as an addendum for the referenced solicitation: • The end date for this solicitation has been extended until May 30th, 2014. • The question and answer period for this solicitation has been extended until May 27th, 2013 • In response to a question on the online bidding system the following files have been posted to the online bidding system as an attachment to this addendum. o 14-6289—A2 071102-5 Application o 14-6289 —A2 SFWMD Permit • The following statement is added to this RFP and made part of the solicitation "The use of vibratory rollers shall not be permitted in the vicinity of the City Of Naples Raw Water Main along the north side of Golden Gate Boulevard east of Wilson Boulevard during the project construction phase. Consultation with the City of Naples Utilities Department is required prior to the initiation of any construction work on the project." • The following statement is added to this RFP and made part of the solicitation specifically Exhibit C — Price Proposal Page. "In Exhibit C- Price Proposal Page, Alternate A and Alternate B pricing proposals are add alternates, and as such are additive to the Base Proposal. The County reserves the right to award the Base Price Proposal, and any Addendum#1 1 11A combination of Alternate A and Alternate B Price Proposals, or not award the project at all, depending on funding at the time of award." • The following statement is added to this RFP and made part of the solicitation specifically Step III — Evaluation and Selection of Design-Builder. "In Step III of the RFP, Evaluation and Selection of Design-Builder, the Final Ranking of the Design-Build proposers will be evaluated on the Technical Proposal score and the Base Price Proposal score only, and not evaluated on the Alternate A and Alternate B Price Proposals score." • An "Alternate B" has been added to this solicitation and included as part of this addendum. The following file should be completed and submitted to the County in a sealed envelope with your technical proposal: o 14-6289 —A2 Alternate B Please sign below and return a copy of this Addendum with your submittal for the above referenced, solicitation. (Signature) Date (Name of Firm) If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joseph Delate 11 ,4 Co let' C014.11ty Email: evelyncolon @colliergov.net Telephone: (239) 252-2667 Adninistntive Swi s Division FAX: (239) 252-2810 Punaaing ADDENDUM #3 Memorandum Date: May 28, 2014 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum#3: Solicitation: 14-6289 Design Build Golden Gate Blvd 4 Lane, East of Wilson The following information/requirements are issued as an addendum for the referenced solicitation: • The end date for this solicitation has been extended until June 2, 2014. • The following statement from Addendum #2 is now corrected to read as follows: The following statement is added to this RFP and made part of the solicitation specifically Step III — Evaluation and Selection of Design-Builder. "In Step Ill of the RFP, Evaluation and Selection of Design-Builder, the Final Ranking of the Design-Build proposers will be evaluated on the Technical Proposal score and the-Base Exhibit C - Price Proposal page,,ssere-e► and Base Proposal along with Alternate A and Alternate B Price Pfepesais-scam" The additions in the solicitation are shown herein by underlining: deletions are shown by strikethroughs. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joseph Delete Addendum#3 1 1Q 11 ,4 Email: evelyncolon @colliergov.net Telephone: (239) 252-2667 Administrative Services Division FAX: (239) 252-2810 Purchasing ADDENDUM #4 Memorandum Date: May 30, 2014 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum#4 Solicitation: 14-6289 Design Build Golden Gate Blvd 4 Lane, East of Wilson The following information/requirements are issued as an addendum for the referenced solicitation: • The end date for this solicitation has been extended until June 6, 2014. • The following corrections and additional language are made part of solicitation 14-6289 through this addendum: Paste 14 and 15: 1. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number : _ . -- - - -_ e e_ 2013-69 establishing and adopting the Collier County Purchasing Policy. If the County receives proposals from less than three (3)firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. The County may, as it deems necessary, conduct discussions with qualified Consultants 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. 2. Evaluation of Proposals • Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. The County's procedure for selecting is as follows: Addendum#4 t;q0 lilt 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist will publicly post prior notice of such meeting in the lobby of the Purchasing Building 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3)working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and will endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager or designee.will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members will score each Proposal in accordance with the rating criteria set forth below and may. at their discretion. schedule presentations from any firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their qualifications. approach to the project and ability to furnish services for the scope of work outlined in this solicitation during the publicly announced Selection Committee Meetino prior to the final ranking. This discussion does not preclude the County from having additional presentations by ranked firms at the County's sole discretion. 9. The Selection Committee will rank Qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm.Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. 10. Negotiations shall begin with the top-ranked firm(s) in accordance with Florida Statute 287.055. 11. Upon the successful completion of negotiations. contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications. modifications. addendums, and/or amendments as it may deem appropriate. including, but not limited, to requesting supplemental proposal information. f(,A 11A Pane 7 and 8: STEP IIt:.TECHNICAL& PRICE PROPOSALS (Only the Shard:Sired Firms Resulting From Step One Will Be invited to Provide:TechrNcai.&:Price Proposals). Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. The utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and when required, separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. Step II includes both Technical and Price Proposals. Final scoring is as follows: Technical has a maximum 40% of total score and the Price Proposal is valued at a maximum of 60% of total score (see section III for more details). The items listed below shall be the evaluation criteria for the Technical proposals and must be reflected in each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a proposer to include all listed items may result in the rejection of its proposal. Proposer shall ensure that all TABS in his Technical Proposal in STEP II of the RFP process include information relating to the Resurfacina component (Alternate B) of the project. Tab I: Project Approach. (40 points, 10 pages maximum; note: Only 2 pages can be 11 X 17 formats)The proposal will be assessed-1 point for each additional page over the described limit. Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s), and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is certification that the Proposer will accept any awards made as a result of said submission of the terms contained therein. The Proposer shall include a description of how the design of the project will be approached. The proposal will include options to be considered and the issues to be resolved in the preparation of project specific standard drawings. Specifically address how the design team will approach BCB permitting and right of way plans to comply with the project requirements. Provide the methods to be used to avoid construction conflicts. The Proposer will present concepts in their ability to develop cost effective solutions through innovative design and contracting methods to speed up the construction. In this tab, include a detailed plan of approach (including major tasks and sub-tasks). Construction staging will be highly critical to this approach. • Describe proposed Traffic Control concept for the Resurfacing component of Golden Gate Boulevard West, including avoiding peak travel times. Page 37 and 38: PROJECT INFORMATION A. Introduction The purpose of this Exhibit is to describe the scope of work and the responsibilities of the Design-Build (DB) firm in connection with the preparation of a Request for Proposal 11A package for the design and preparation of a complete set of construction plans and special provisions, and construction of: • Roadway improvements to the transportation facility described herein, and the • Bridge/structural improvements for the structure identified herein. In December of 2008, a design was completed for the 6-lane widening of Golden Gate Boulevard (CR 876) from Wilson Boulevard to DeSoto Boulevard. Due to budget constraints and long range transportation needs projections, the County determined that Golden Gate Boulevard would only need four lanes. It was further determined that Transportation Engineering (TE) Department would pursue a redesign of the project to four lanes in a four-lane right-of-way section. The redesign would be taken to 60% plans and all permits (except for BCB permitting) would be obtained so that the County may, at a future date, pursue final design plans, or construct the project as a Design-Build, when construction funding becomes available. By March 2010, the 60% redesign was completed; however, the environmental resource permit for the project is still pending, and should be obtained by August, 2014. The original design and subsequent 4-lane 60% re-design included the replacement of three bridges: 1) the Golden Gate Main Canal (Bridge #034026), 2) Miller Canal (Bridge #034028), and 3) the Faka Union Canal (Bridge #034030). Bridges No. 034026 and 034028 have since been reconstructed with a previous construction project. This project also included the preliminary design (4-lane) of the two bridges which shall be used for this DB project. This new project is for the 4-lane widening of Golden Gate Boulevard east of Wilson Boulevard, excluding the Wilson/Golden Gate Boulevard intersection, including the Golden Gate Main Canal Bridge. The project begins at the beginning of the two/four-lane transition east of Wilson Boulevard. The project terminus is the 16th Street NE intersection, including all required FDOT standard tapers east of the intersection. An alternate price proposal for this project with a terminus of 18th Street NE is included. FDOT standard tapers east of the intersection are included also. An alternate price proposal (Alternate B) for the Resurfacing of Golden Gate Boulevard West is included also. A Notice to Proceed (NTP) shall not be granted to the DB firm until after issuance of the USACOE permit and after all right-of-way has been acquired. B. Purpose The County is requesting Letters of Interest(LOl's)and Technical& Price Proposals from interested firms for Design-Build services include the final design, permitting and construction of Golden Gate Boulevard 4-Lane, east of Wilson Boulevard. An alternate price proposal (Alternate B)for the Resurfacing of Golden Gate Boulevard West is included also. It is the intent of the County to select and contract with one firm to perform all aspects of the design, permitting and construction of this project. The County reserves the right to stop work before, during or after this project and is not obligated to the DB to continue the project. This solicitation is intended to comply with Chapter 287.055, Florida Statute. Pape 39: 3. Construction Services for Resurfacing of Golden Gate Boulveard West(Alternate B) a. The DB shall provide construction services for the Resurfacing of Golden Gate Boulevard West including traffic control plans (MOT). Proiect includes milling of existing roadway and disposal of millings, storm sewer inlet debris protection. sweeping. tack coat, level any areas prior to surface course to provide smooth dip free ride, temporary and permanent restriping with thermoplastic, 1 %" asphalt resurfacing, Maintenance of Traffic(MOT).. 11 ,E replacement of all traffic signal loops prior to final lift of asphalt being placed, smooth tr nsitions with all existing concrete, brick and asphalt driveways or a 2, linear foot asphalt turnouts at all other type driveways, and 50 linear foot resurfacing down side streets. 3 4. Property Acquisition The County may request the DB to assist with providing legal sketches and descriptions for temporary construction, and permanent easement and right-of-way acquisition for the 2-lane Bridge project and any other parts of the roadway project. The County is in the process of acquiring other right-of-way for the project and a Notice.to Proceed (NTP) shall not be issued to the DB firm until this process is complete. The County is using the 4-lane 60% Design right-of-way maps as the basis of the real estate acquisition. Any deviation from these maps caused by the 100% Design of the DB firm shall be remedied by the DB firm. The additions in the solicitation are shown herein by underlining; deletions are shown by strikethroughs. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name'of Firm) If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joseph Delate lilt county Email: evelyncolon©colliergov.net Telephone: (239) 252-2667 Administrative Semites Division FAX: (239) 252-2810 Puxrtlasine ADDENDUM #5 Memorandum Date: June 5, 2014 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum#5 Solicitation: 14-6289 Design Build Golden Gate Blvd 4 Lane, East of Wilson The following information/requirements are issued as an addendum for the referenced solicitation: • The end date for this solicitation has been extended until June 11, 2014. • For Price Proposal Alternate B, the limits of the western end of the Resurfacing Project will terminate at Station 38+56.78, which is near Weber Boulevard and is the beginning of the Collier Boulevard (Green Boulevard to Golden Gate Boulevard) road widening project. Please see attached plan sheet S-18 (Signing and Pavement Markings Plan) for reference. • The DB firm shall coordinate with the South Florida Water Management District (SFWMD) on the relocation of their monitoring wells #C-1951 and C-953, which are in the vicinity of the Main Golden Gate Canal Bridge. The existing monitoring wells are within the footprint of the roadway widening, and shall be properly abandoned and shall be relocated by SFWMD outside the new roadway footprint. The additions in the solicitation are shown herein by underlining; deletions are shown by strikethroughs. Please sign blow and return a copy this Addendum with your submittal for the above referenced solicitation. (S gnature) Date (Name of Firm) Addendum#5 1 cA hA If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joseph Delate Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 13 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 16 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 19 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 26 ATTACHMENT 2:VENDOR CHECK LIST 27 ATTACHMENT 3:CONFUCT OF INTEREST AFFIDAVIT 28 ATTACHMENT4:VENDOR DECLARATION STATEMENT 30 ATTACHMENT 5:IMMIGRATION AFFIDAVIT CERTIFICATION 31 ATTACHMENT 6:VENDOR SUBSTITUTE W—9 32 ATTACHMENT 7:INSURANCE AND BONDING REQUIREMENTS 34 ATTACHMENT 8:REFERENCE QUESTIONNAIRE 36 EXHIBIT A—DESIGN CRITERIA PACKAGE EXHIBIT B—PROPOSAL BOND EXHIBIT C—PRICE PROPOSAL FORM 2 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard LA( 11A Comity Adirinistrtdiva Services Division Purchasing Legal Notice Sealed Letters of Interest (LOI) to provide Design-Build services for the Golden Gate Boulevard 4- Lane, East of Wilson Boulevard project will be received until 3:00 pm Naples local time, on May 27, 2014, at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. RFP 14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard Services to be provided shall include, but not be limited to the following: Design-Build (DB) firm to provide the design and preparation of a complete set of construction plans and special provisions, and the construction of: • Bridge/structural improvements for the structures identified herein; • Roadway improvements to the transportation facility described herein; and • Big Cypress Basin (SFWMD) R.O.W. permitting. This is a two-step solicitation. The first step is to receive LOI and to create a shortlist of a maximum of three (3) firms by a selection Committee; and then request that those short-listed firms be invited to submit comprehensive technical and price proposals. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department E-Procurement website: www.collieraov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: S/S Joanne Markiewicz Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.collieraov.net/ourchasina and in the Lobby of Purchasing Building "G", Collier County Government Center on May 6, 2014. Purchasing oepertnerx•3301 Tamiami Trail East•Naples,Florida 34112•wvrrv.coiliergov.nedeurchasing 3 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard l;A iltL Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Growth Management Division, Transportation Engineering Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified firms to provide Design/Build Services for Golden Gate Boulevard 4-Lane, East of Wilson Boulevard in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Detailed Scope of Work - See Exhibit A—Design Criteria Package The Purpose of this Request for Proposal is to select a Design/Build contractor to function as part of the project team in cooperation with the County and specified consultants to achieve a quality, cost effective project. South Florida Water Management District (SFWMD). Currently the County has an approved Environmental Resource Permit (ERP) from SFWMD for the widening of Golden Gate Boulevard to four lanes. This permit may need to be modified by the Design-Builder (DB) if the final design deviates from the current ERP permit. Big Cypress Basin (BCB). Currently the County does not have an approved right-of-way (ROW) permit from BCB for the proposed Golden Gate Main Canal Bridge across the BCB canal and any associated boat ramp, etc. . . . The ROW permit shall be obtained by the DB from the BCB. US Army Corps of Engineers (USACOE). Currently the County has a completed ERP Application with the USACOE. The only remaining factor is final issuance of the permit. Issuance should be by August, 2014. This permit may need to be modified by the DB if the final design deviates from the current ERP permit application. A Notice to Proceed (NTP) shall not be issued until after the USACOE permit is issued. An award, if made, will be made to the best overall proposer(s)whose proposal is most advantageous to the County, taking into consideration the evaluation factors set forth in this solicitation. The County will not use any other factors or criteria in the evaluation of the proposals received. The Firm(s) submitting as the Prime Contractor, or their subcontractor, at a minimum must be pre-qualified through FDOT in the following Work Classes: Drainage Flexible Paving Grading Grassing, Seeding, and Soding Guardrail Pavement Marking Portland Cement Concrete Roadway Signing Minor Bridges The firm(s) submitting as a subcontractor to the Prime for Design, or their sub-consultants, at a minimum must be pre-qualified through FDOT for the following work groups: 3.1 Minor Highway Design 4.1.2 Minor Bridge Design 4 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard 0 hA 8.1 Control Survey 8.2 Design, Right of Way, & Const. Survey 8.4 Right of Way Mapping 9.1 Soil Exploration 9.2 Geotechnical Classification Lab Testing 9.4.1 Standard Foundation Studies 10.1 Roadway Construction Engineering Inspection 10.4 Minor Bridge& Miscellaneous Structures CEI All Contractors and Subcontractors shall hold all State, Federal and County licenses required to perform the above-referenced scope of Work. It is anticipated that the contract for the Design/Build services will be structured as follows: 1. Collier County will enter into a comprehensive agreement for services with the selected firm for all services listed herein. 2. Cost of materials and services during the design and construction phases will be compensated utilizing the price proposal provided by the Proposer in Step II of the RFP process. Term of Contract The contract term, if an award is made, is intended be confirmed in the negotiation process. Prices shall remain firm for the term of this contract. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. This solicitation will be a two step process: Step I: Letter of Interest, shortlist and Step II: Technical & Price Proposals. Eli @t1t Date 1;STEP f-Letter'of Intel LOl) , ......i .,.!!:!!!!!L!!!,.:!-!!!';:: :,.r..I`. .. :...�'Fp srr �....>,..�,..�....r.wr.. ,. ,*.-9 LLbe ... .. .... . .., .. .. _ r I Issue Solicitation Notice May 6, 2014 Last Date for Receipt of Written Questions May 16, 2014 at 5:00PM Addendum Issued May 20, 2014 LOI Deadline Date and Time May 27, 2014 at 3:00PM Anticipated Evaluation of Submittals Week of June 2, 2014 S Tl t =II « 1 echnrt t&-Price P sal : r„r r• x.v.. . Issue Solicitation Notice for Technical Proposals TBD — Last Date for Receipt of Written Questions TBD Addendum Issued TBD Solicitation Deadline Date and Time(Include Price TBD Proposal in Separate Sealed Envelop) Selection Committee Meeting to Rank Firms TBD Complete Contract Negotiation TBD Board of County Commissioners Board Award TBD 5 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard LY .� IA t Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. STEP I LETTER OP INTEREST(L01) Maximum 6 Pages LOI's shall include the requirements listed below in the order in which they appear and shall be clearly marked for reference. LOl's submitted without meeting ALL the requirements may be considered non- responsive. In a maximum of six (6) pages express your interest in the project, state qualifications to do the work, identify the Project Manager, the lead design engineer and other specific team members, and recount any information on the project team that may be useful or informative to the County. Letters of Interests cannot exceed six (6) pages in length and must, at a minimum, include the following: • Project Name and Solicitation Number. • Proposer's name and address. • Proposer's responsible office. • Contact person, phone number and Internet E-Mail Address. • Project Team Staffing and relevant experience to this type of project for both the prime and any proposed sub-consultant(s). • Experience of proposed staff. • Related Services and Experience (last ten years). • Describe Florida Area Offices/Staff/Equipment (including computer hardware and software). • Similar Project — List five and provide descriptions of current projects (Florida projects if available) having similar or greater relative size, scope, cost and complexity as the proposed project. Where similarity is not readily apparent, include logic used in listing project as similar. • Describe projects that have been constructed by the proposed DB Team; or • Describe projects constructed by the proposed Construction Team member and 6 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard CAO 114 designed by a Design Team other than the proposed. • Describe the in-house capabilities of your firm to provide: design, construction, . quality assurance/quality control, scheduling, cost control, value engineering, construction management control system operation, or other related capabilities. • Office Location and Responsiveness rating will be based on ease of contract administration and responsiveness both during the project and after the project is completed. Note: If firm is a corporation, please identify incorporation state. The proposer with all key personnel located in Southwest Florida will receive 10 points. Proposers principal offices and/or key personnel in other areas will receive fewer points. • Attached Exhibits should be limited to a maximum of two (2) 8" x 11" pages (This is separate from the six (6) page limitation). LETTER OF INTEREST(LOI)GRADING CRITERIA POINTS 1. Project Understanding 20 2. Experience of Firm 30 3. Expertise of Designated Staff 25 4. Previous Performance on Similar Jobs 15 5. Office Location and Responsiveness 10 TOTAL POSSIBLE POINTS 100 STEP II: TECHNICAL'& PRICE PROPOSALS (Only the Shortlsted Firms Resulting From Step One Will Be Invited to Provide Technical&Price Proposals) Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. The utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and when required, separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. Step II includes both Technical and Price Proposals. Final scoring is as follows: Technical has a maximum 40% of total score and the Price Proposal is valued at a maximum of 60% of total score (see section III for more details). The items listed below shall be the evaluation criteria for the Technical proposals and must be reflected in each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a proposer to include all listed items may result in the rejection of its proposal. Tab I: Prolect Approach. (40 points, 10 pages maximum; note: Only 2 pages can be 11 X 17 formats) The proposal will be assessed -1 point for each additional page over the described limit. Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s), and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is certification that the Proposer will accept any awards made as a result of said submission of the terms contained therein. 7 RFP#14-6289 Design-Build Golden Gate Boulevard 4-lane, East of Wilson Boulevard ,. -1 AO A e` The Proposer shall include a description of how the design of the project will be approached. The proposal will include options to be considered and the issues to be resolved in the preparation of project specific standard drawings. Specifically address how the design team will approach BCB permitting and right of way plans to comply with the project requirements. Provide the methods to be used to avoid construction conflicts. The Proposer will present concepts in their ability to develop cost effective solutions through innovative design and contracting methods to speed up the construction. In this tab, include a, detailed plan of approach (including major tasks and sub-tasks). Construction staging will be highly critical to this approach. Address the following: • Describe understanding of project scope; • Describe project approach including any innovative or alternative design evaluation; • Describe proposed design concept for the 2-lane bridge construction and the 4-lane roadway construction (exhibits required); • Describe proposed Traffic Control concept for the 2-lane bridge construction and the 4- lane roadway construction (exhibits required); • Describe proposed Public Information elements and implementation schedule; • Describe project cost controls, scheduling methods, Quality Assurance/Quality Control procedures; and • Describe potential Special Considerations; if any. Tab II: Proiect Schedule and Quality Control. (20 points, 5 pages maximum; note: Only 2 pages can be 11" X 17" formats) The proposal will be assessed -1 point for each additional page over the described limit. The Proposer shall include a project schedule to demonstrate their ability to deliver this fast track project. The schedule will show the Design-Build Team that is proposed for assignment to this project. It will provide the names of key team members and the strength of the Design-Build Team can be analyzed. The schedule will provide for 90% and 100% phases. All required permits must be demonstrated by 100% plan submittal. The schedule must also demonstrate how the construction of the bridge and roadway will be built to eliminate incidences of crashes/issues during construction. Include a schedule for permitting the bridge project, and design, permitting and construction of the project improvements. Tab Ill: Staffing Quantity and Availability. (15 points, 3 pages maximum) The proposal will be assessed -1 point for each additional page over the described limit. The Proposer shall have a minimum of five (5) years acceptable design-build experience with projects of similar size and scope. The Proposer shall describe experience, including tasks performed, and furnish at least five (5) project references with contacts, title, telephone numbers and mailing addresses. Provide information that document's your firm's qualification to produce the required deliverables, including abilities, capacity, skill and financial strength in response to the items 1 —5 below. 1. Identify the number of staff presently employed at the firm within the State of Florida. 2. Number of roadway design-build construction projects in Florida from 1/1/06— 12/31/13. • Attach a summary of 10%, or five (5) of the company's projects identified in #2 as back-up. 3. Number of bridge design-build construction projects in Florida from 8 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard ,- 'LA( 11A 111/06— 12/31/13. • Attach a summary of 10%, or five (5) of the company's projects identified in #3 as back-up. 4. Identify the number of technical staff assigned to this project (including, but not limited to engineers, supervisors, estimators, inspectors) if awarded a contract for this RFP. 5. Is assigned project manager FDOT certified? If yes, place ten (10) points on the line in the adjacent entry field. If no, place 0. TOTAL (add 1 + 2+ 3+ 4+ 5) Include resumes of proposed technical staff identified in item number 5 above. • Name and title • Job assignment for other projects • Percentage of time to be assigned full time to this project • How many years with this firm • How many years with other firms • Experience—Types of projects, size of projects (dollar value and SF of project), describe specifics of project involvement • Education • Active registration (P.E., etc.) Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area in the requested information 1 — 5 above: • The County shall list the TOTAL Firm Profile and Assioned Staff Experience Profile by firm from highest TOTAL to lowest TOTAL. • The highest number of points (15)will be awarded to the firm who has the greatest TOTAL. • The next highest firm's TOTAL will be divided by the highest firm's TOTAL which will then be multiplied by 15 points to determine the next firm's Points Awarded. Each subsequent firm's TOTAL will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the three proposers. Firm'Name Fiirrmi's1OTAL. Points Awarded Vendor 123 375 15 Vendor 456 350 14 Vendor 789 225 9 The Points Awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completeness of all responses in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, adjust the points awarded after a thorough review of the proposal and prior to final ranking by the Selection Committee. 9 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard CAO 11 ,4 Tab IV: Staffing Quality. (15 points, 10 pages maximum) The proposal will be assessed -1 point for each additional page over the described limit. Provide a narrative describing the role of and introducing key individuals in your firm's organization who will be assigned to the County Project. The Proposer shall demonstrate working relationships among key personnel on the proposed team. Resumes of proposed staff; each resume cannot exceed one (1) page in length. Furthermore, all individuals identified as Key Personnel in the LOl shall remain on the DB's Team for the Technical Proposal and for the duration of the procurement process and the contract. If extraordinary circumstances require a personnel change, it must be submitted in writing to the County's Project Manager, who will determine whether to authorize the change. Unauthorized changes to the Consultant's Team at any time during the procurement process may result in elimination of the Consultant's Team from further consideration. The Proposer shall show the capability to provide all the necessary equipment and material for project support and execution. Attach resumes of all managers, supervisors, and other contract team members who will be involved in the management of the total package of services, as well as the delivery of specific services. The same should be done for any sub-consultants. If sub-consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission. Tab V: References. (Maximuml0 points) - See Attachment 8. In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the three proposers. Vendor Name ,Vend+or Total,"Reference Points'Awarded Sire Vendor ABC 445 10 Vendor DEF 435 9.8 Vendor GHI 425 9.6 Note: Sample chart reflects a 10 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency 10 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard CA) 11A and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. TECHNICAL PROPOSAL GRADING CRITERIA (Maximum 40% of overall score) 1. Approach to Project 40 2. Project Delivery Schedule 20 3. Staffing Quantity and Availability 15 4. Staffing Quality (Resumes) 15 5. References 10 TOTAL POSSIBLE POINTS 100 STEP Ill: EVALUATION AND SELECTION OF DESIGN-BUILDER The evaluation and selection of a Design-Build Team will be a two-step process. LOI's shall be reviewed by a Selection Committee. The selection committee members shall review the submittals and provide a numerical ranking for all the firms. The Committee shall shortlist from the LOI's the three top ranked firms deemed to be most highly qualified to perform the required services. All expenses, including travel expenses, incurred in the preparation of the LOI's shall be borne by the proposer. The scores from the LOI's will be used to determine the three top ranked firms. The qualification scores will not be carried forward. The top three firms will submit technical and price proposals which will be ranked according to the Step II. Final Ranking The technical proposal score will be a maximum of 40 points out of 100 and the price proposal will be a maximum of 60 points out of 100. Highest overall score ranks as number one firm, etc. Example scoring as follows: Price Tech Total ` Final Vendor Price Technical Score Score. .Price+Tech Rank A $ 2,400,000 60.0 93 40.0 100 1 $ 2,600,000 55.4 65 28.0 83 3 C $ 2,900,000 49.7 88 37.8 88 2 1. The final shortlist and recommendation for award shall be sent to the Board of County Commissioners for approval. 2. The County may elect to award the Base Proposal, or the Alternate Proposal, or not award the project. 3. An award, if made, will be made to the best overall proposer(s) whose proposal is most advantageous to the County, taking into consideration the evaluation factors set forth in this solicitation. The County will not use any other factors or criteria in the evaluation of the proposals received. 11 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard G�` hA.'r. Tab VI: Acceptance of Conditions. Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. Tab VII: Required Form Submittals. • Attachment 1: Vendor's Non-Response Statement • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Immigration Affidavit Certification • Attachment 6: Vendor Substitute W-9 • Attachment 7: Insurance and Bonding Requirements • Attachment 8: Reference Questionnaire • Other: FDOT Prequalification Work Classes (submit certifications) • Price Proposal in Separate Sealed Envelope 12 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard 0 NO 114 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department E-Procurement website: www.colliercov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E- Procurement website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 3. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 4. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 5. Delivery of Proposals Step I: All Letters of Interest (LOI's) are to be delivered before 3:00 pm, Naples local time, on or before May 27, 2014 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Evelyn Colon, Procurement Strategist The County shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing/General Services Director, or designee, shall reserve the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. 13 RFP#14-6288 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard i1A Vendors must submit five (5) paper copies with one copy clearly labeled "Master," and two (2) compact disks (CD's) with one copy of the propo§al on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 6. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 7. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors 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. 8. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. The County's procedure for selecting is as follows: a) The County Manager shall appoint a Selection Committee to review all proposals submitted; b) Request for Proposals issued; c) Subsequent to the closing of proposals, the Procurement Strategist and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP; d) Meetings shall be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings; e) The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein; f) Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings; and g) The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no 14 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard 1 rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 9. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 10. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are included. Tie Breaker: In the event of a tie, both In Individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 11. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 12. Qualifications of Proposers: Before the award of any contract, each Proposer may be required to show (to the complete satisfaction of the County Manager, or his designee), that he has the necessary facilities, ability, and financial resources, to furnish the service as specified herein in a satisfactory manner, and he may also be required to show past history and references which will enable the County Manager, or his designee, to satisfy himself as to the qualifications. Failure to qualify according to the foregoing requirements will justify the County in rejecting a Proposal. 15 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard hA Exhibit ill: Collier County Purchase Order Terms and Conditions 1. Offer b) No charges will be paid by the COUNTY for This offer is subject to cancellation by the packing, crating or cartage unless otherwise COUNTY without notice if not accepted by specifically stated in this Purchase Order. VENDOR within fourteen (14)days of issuance. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments 2. Acceptance and Confirmation made prior to delivery. Unless freight and This Purchase Order (including all documents other charges are itemized, any discount will attached to or referenced therein) constitutes be taken on the full amount of invoice. the entire agreement between the parties, unless c) All shipments of goods scheduled on the otherwise specifically noted by the COUNTY on same day via the same route must be the face of this Purchase Order. Each delivery of consolidated. Each shipping container must goods and/or services received by the COUNTY be consecutively numbered and marked to from VENDOR shall be deemed to be upon the show this Purchase Order number. The terms and conditions contained in this Purchase container and Purchase Order numbers must Order. be indicated on bill of lading. Packing slips must show Purchase Order number and must No additional terms may be added and Purchase be included on each package of less than Order may not be changed except by written container load (LCL) shipments and/or with instrument executed by the COUNTY. VENDOR each car load of equipment. The COUNTY is deemed to be on notice that the COUNTY reserves the right to refuse or return any objects to any additional or different terms and shipment or equipment at VENDOR'S conditions contained in any acknowledgment, expense that is not marked with Purchase invoice or other communication from VENDOR, Order numbers. VENDOR agrees to declare notwithstanding the COUNTY'S acceptance or to the carrier the value of any shipment made payment for any delivery of goods and/or services, under this Purchase Order and the full invoice or any similar act by VENDOR. value of such shipment. d) All invoices must contain the Purchase Order 3. Inspection number and any other specific information as All goods and/or services delivered hereunder identified on the Purchase Order. Discounts shall be received subject to the COUNTY'S of prompt payment will be computed from the inspection and approval and payment therefore date of receipt of goods or from date of receipt shall not constitute acceptance. All payments are of invoices, whichever is later. Payment will subject to adjustment for shortage or rejection. All be made upon receipt of a proper invoice and defective or nonconforming goods will be returned in compliance with Chapter 218, Fla. Stats., pursuant to VENDOR'S instruction at VENDOR'S otherwise known as the "Local Government expense. Prompt Payment Act,' and, pursuant to the Board of County Commissioners Purchasing To the extent that a purchase order requires a Policy. series of performances by VENDOR, the COUNTY prospectively reserves the right to 5. Time Is Of the Essence cancel the entire remainder of the Purchase Order Time for delivery of goods or performance of if goods and/or services provided early in the term services under this Purchase Order is of the of the Purchase Order are non-conforming or essence. Failure of VENDOR to meet delivery otherwise rejected by the COUNTY. schedules or deliver within a reasonable time, as 4. Shipping and Invoices interpreted by the COUNTY in its sole judgment, a) All goods are FOB destination and must be shall entitle the COUNTY to seek all remedies suitably packed and prepared to secure the available to it at law or in equity. VENDOR agrees lowest transportation rates and to comply with to reimburse the COUNTY for any expenses all carrier regulations. Risk of loss of any incurred in enforcing its rights. VENDOR further goods sold hereunder shall transfer to the agrees that undiscovered delivery of COUNTY at the time and place of delivery; nonconforming goods and/or services is not a provided that risk of loss prior to actual receipt waiver of the COUNTY'S right to insist upon of the goods by the COUNTY nonetheless further compliance with all specifications. remains with VENDOR. 16 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard 11A 6. Changes of VENDOR in the performance of their duties or The COUNTY may at any time and by written otherwise), or damage to property (including notice make changes to drawings and property of the COUNTY or other persons), which specifications, shipping instructions, quantities arise out of or are incident to the goods and/or and delivery schedules within the general scope of services to be provided hereunder. this Purchase Order. Should any such change increase or decrease the cost of, or the time 11. Warranty of Non-Infringement required for performance of the Purchase Order, VENDOR represents and warrants that all goods an equitable adjustment in the price and/or sold or services performed under this Purchase delivery schedule will be negotiated by the Order are: a) in compliance with applicable laws; COUNTY and VENDOR. Notwithstanding the b) do not infringe any patent, trademark, copyright foregoing, VENDOR has an affirmative obligation or trade secret; and c) do not constitute unfair to give notice if the changes will decrease costs. competition. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the VENDOR shall indemnify and hold harmless the change is ordered or within such additional period COUNTY from and against any and all claims, of time as may be agreed upon by the parties. including claims . of negligence, costs and expense, including but not limited to attorneys' 7. Warranties fees, which arise from any claim, suit or VENDOR expressly warrants that the goods proceeding alleging that the COUNTY'S use of the and/or services covered by this Purchase Order goods and/or services provided under this will conform to the specifications, drawings, Purchase Order are inconsistent with VENDOR'S samples or other descriptions furnished or representations and warranties in section 11 (a). specified by the COUNTY, and will be of satisfactory material and quality production, free If any claim which arises from VENDOR'S breach from defects and sufficient for the purpose of section 11 (a) has occurred, or is likely to occur, intended. Goods shall be delivered free from any VENDOR may, at the COUNTY'S option, procure security interest or other lien, encumbrance or for the COUNTY the right to continue using the claim of any third party. These warranties shall goods or services, or replace or modify the goods survive inspection, acceptance, passage of title or services so that they become non-infringing, and payment by the COUNTY. (without any material degradation in performance, quality, functionality or additional cost to the 8. Statutory Conformity COUNTY). Goods and services provided pursuant to this Purchase Order, and their production and 12. Insurance Requirements transportation shall conform to all applicable laws, The VENDOR, at its sole expense, shall provide including but not limited to the Occupational commercial insurance of such type and with such Health and Safety Act, the Federal Transportation terms and limits as may be reasonably associated Act and the Fair Labor Standards Act, as well as with the Purchase Order. Providing and any law or regulation noted on the face of the maintaining adequate insurance coverage is a Purchase Order. material obligation of the VENDOR. All insurance policies shall be executed through insurers 9. Advertising authorized or eligible to write policies in the State No VENDOR providing goods and services to the of Florida. COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or 13. Compliance with Laws services, or appropriate or make use of the In fulfilling the terms of this Purchase Order, COUNTY'S name or other identifying marks or VENDOR agrees that it will comply with all property without the prior written consent of the federal, state, and local laws, rules, codes, and COUNTY'S Purchasing Department. ordinances that are applicable to the conduct of its business. By way of non-exhaustive example,this 10. Indemnification shall. include the American with Disabilities Act VENDOR shall indemnify and hold harmless the and all prohibitions against discrimination on the COUNTY from any and all claims, including claims basis of race, religion, sex creed, national origin, of negligence, costs and expenses, including but handicap, marital status, or veterans' status. not limited to attorneys' fees, arising from, caused Further, VENDOR acknowledges and without by or related to the injury or death of any person exception or stipulation shall be fully responsible (including but not limited to employees and agents for complying with the provisions of the 17 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard 114 Immigration Reform and Control Act of 1986 as notice to the VENDOR. This Purchase Order may located at 8 U.S.C. 1324, et seq. and regulations be terminated immediately by the COUNTY for relating thereto, as either may be amended. breach by VENDOR of the terms and conditions of Failure by the awarded firm(s) to comply with the this Purchase Order, provided that COUNTY has laws referenced herein shall constitute a breach of provided VENDOR with notice of such breach and the award agreement and the County shall have VENDOR has failed to cure within 10 days of the discretion to unilaterally terminate said receipt of such notice. agreement immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the contract a) This Purchase Order shall be governed by the arising from this Purchase Order. laws of the State of Florida. The venue for any action brought to specifically enforce any 14. Force Majeure of the terms and conditions of this Purchase Neither the COUNTY nor VENDOR shall be Order shall be the Twentieth Judicial Circuit in responsible for any delay or failure in performance and for Collier County, Florida resulting from any cause beyond their control, b) Failure of the COUNTY to act immediately in including, but without limitation to war, strikes, civil response to a breach of this Purchase Order disturbances and acts of nature. When VENDOR by VENDOR shall not constitute a waiver of has knowledge of any actual or potential force breach. Waiver of the COUNTY by any majeure or other conditions which will delay or default by VENDOR hereunder shall not be threatens to delay timely performance of this deemed a waiver of any subsequent default Purchase Order, VENDOR shall immediately give by VENDOR. notice thereof, including all relevant information c) All notices under this Purchase Order shall be with respects to what steps VENDOR is taking to sent to the respective addresses on the face complete delivery of the goods and/or services to page by certified mail, return receipt the COUNTY. requested, by overnight courier service, or by personal delivery and will be deemed effective 15. Assignment upon receipt. Postage, delivery and other VENDOR may not assign this Purchase Order, charges shall be paid by the sender. A party nor any money due or to become due without the may change its address for notice by written prior written consent of the COUNTY. Any notice complying with the requirements of this assignment made without such consent shall be section. deemed void. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with 16. Taxes this Purchase Order in accordance with Goods and services procured subject to this Florida Statute Chapter 112.061, Per Diem Purchase Order are exempt from Florida sales and Travel Expenses for Public Officers, and use tax on real property, transient rental employees and authorized persons. property rented, tangible personal purchased or e) In the event of any conflict between or among rented, or services purchased (Florida Statutes, the terms of any Contract Documents related Chapter 212), and from federal excise tax. to this Purchase Order, the terms of the Contract Documents shall take precedence 17. Annual Appropriations over the terms of the Purchase Order. To the The COUNTY'S performance and obligation to extent any terms and /or conditions of this pay under this Purchase Order shall be contingent Purchase Order duplicate or overlap the upon an annual appropriation of funds. Terms and Conditions of the Contract Documents, the provisions of the Terms 18. Termination and/or Conditions that are most favorable to This Purchase Order may be terminated at any the County and/or provide the greatest time by the COUNTY upon 30 days prior written protection to the County shall govern. 1 18 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard r) hA 1 Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests' provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 19 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard 114 Should at anytime the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County 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. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Liquidated Damages Liquidated Damages of $5,696 per day shall be imposed on the DB for each day the project exceeds the Date of Substantial Completion. 3. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 4. Additional items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 5. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 30% or more of the solicitation amount for said work. 6. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 7. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 20 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard 1 8. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk ct collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional—payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests shall be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"/aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218, Florida Statutes, otherwise known as the "Local Government 21 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard �.J hA Prompt Payment Act: Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 9. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of- way for the purpose of inspection of any Vendor's work operations. This provision is non- negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 10. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Growth Management Division at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252- 2477. 11. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 12. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally RFP#146269 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard h1A responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 13. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 14. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.oro/search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub-consultant. • 17. Survivability Bids (ITBs/RFPs): The Consultant/ContractorNendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 14-6289 resultant of this solicitation 23 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard hA will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 18. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director Qrior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent 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 County 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 and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 19. Public Entity Crime 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 following the date of being placed on the convicted vendor list. 20. Security and Background Checks If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, 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. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and-execution. 24 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard • 111% 22. Prohibition of Gifts to County Employees 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, the current Collier County Ethics Ordinance 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. 23. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Vendor does not comply with providing both the acceptable E-Verifv evidence and the executed affidavit the vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the programs clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: htto://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 25 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard � 1A C Purchasing Attachment 1:Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to RFP 14-6289 - Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 26 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard _ _ hA Sertiric+es Diutsion Purchasing Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. LI The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Evelyn Colon, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation Number and Title and due date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 27 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard JL1A Cow Purehasir Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name: Title of Signatory: State of County of SUBSCRIBED AND SWORN to before me this day of 20_,_, by , who is personally known to me to be the for the Firm, OR who produced the following identification: Notary Public My Commission Expires 28 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard 114 Adn inistrative Services Division Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP 14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: RFP #14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard. • (Proposal Continued on Next Page) 29 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard 11A 1 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20_ in the County of , in the State of Firm's Legal Name: Address: City, State,Zip Code: • Florida Certificate of Authority Document Number: Federal Tax Identification Number Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company Name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: • Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: 30 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard 0 X11 A co county pdminisire+dtva Senricas l7viaion putt, Attachment 5: Immigration Affidavit Certification RFP 14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard • This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E Verify program may deem the Vendor I Bidder's proposal as non- responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of.. The foregoing instrument was signed and acknowledged before me this day of ,201_,by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees,as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 31 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard 11 ,q Services cot • Adskistative Purchasing Attachment 6:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) r Address City State Zip Telephone FAX Email Order Information Remit t Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 32 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard 6` hA 2. Company Status(check only one) _Individual/Sole Proprietor Corporation _Partnership _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification:Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number • 33 CA 111% County Administrative Services Division Purchasing Attachment 7: Insurance and Bonding Requirements InsuInce/.BprtdType ,Rq�gUired,L•imiits ..LL' 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1.000.000 single limit per occurrence ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ 1.000.000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution $ 1.000.000 Per Occurrence ® Professional Liability $1.000.000 Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate 34 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard CAt) • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence El Valuable Papers Insurance $ Per Occurrence 6. ® Bid/Proposal Bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County.. 11. ® Thirty(30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number • 35 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard ) ``/r 11A Ackriniabsive Services Diesai PurdiaiN Attachment 8: Reference Questionnaire Solicitation: RFP 14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored"0." Project Description: Completion Date: Project Budget: Project Number of Days: Change Orders - Dollars Added : Change Orders -Days Added: Item Citerla Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule(complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process(final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 36 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard Ci hA EXHIBIT A DESIGN &CONSTRUCTION CRITERIA PACKAGE REQUEST FOR QUALIFICATIONS DESIGN-BUILD SERVICES FOR DESIGN-BUILD GOLDEN GATE BOULEVARD 4-LANE, EAST OF WILSON BOULEVARD PROJECT INFORMATION A. Introduction The purpose of this Exhibit is to describe the scope of work and the responsibilities of the Design-Build (DB) firm in connection with the preparation of a Request for Proposal package for the design and preparation of a complete set of construction plans and special provisions, and construction of: • Roadway improvements to the transportation facility described herein, and the • Bridge/structural improvements for the structure identified herein. In December of 2008, a design was completed for the 6-lane widening of Golden Gate Boulevard (CR 876) from Wilson Boulevard to DeSoto Boulevard. Due to budget constraints and long range transportation needs projections, the County determined that Golden Gate Boulevard would only need four lanes. It was further determined that Transportation Engineering (TE) Department would pursue a redesign of the project to four lanes in a four- lane right-of-way section. The redesign would be taken to 60% plans and all permits (except for BCB permitting) would be obtained so that the County may, at a future date, pursue final design plans, or construct the project as a Design-Build, when construction funding becomes available. By March 2010, the 60% redesign was completed; however, the environmental resource permit for the project is still pending, and should be obtained by August, 2014. The original design and subsequent 4-lane 60% re-design included the replacement of three bridges: 1) the Golden Gate Main Canal (Bridge #034026), 2) Miller Canal (Bridge #034028), and 3) the Faka Union Canal (Bridge#034030). Bridges No. 034026 and 034028 have since been reconstructed with a previous construction project. This project also included the preliminary design (4-lane) of the two bridges which shall be used for this DB project. This new project is for the 4-lane widening of Golden Gate Boulevard east of Wilson Boulevard, excluding the Wilson/Golden Gate Boulevard intersection, including the Golden Gate Main Canal Bridge. The project begins at the beginning of. the two/four-lane transition east of Wilson Boulevard. The project terminus is the 16th Street NE intersection, including all required FDOT standard tapers east of the intersection. An alternate price proposal for this project with a terminus of 18th Street NE is included. FDOT standard tapers east of the intersection are included also. A Notice to Proceed (NTP) shall not be granted to the DB firm until after issuance of the USACOE permit and after all right-of-way has been acquired. B. Purpose The County is requesting Letters of Interest(LOl's) and Technical & Price Proposals from interested firms for Design-Build services include the final design, permitting and construction of Golden Gate Boulevard 4-Lane, east of Wilson Boulevard. It is the intent of the County to select and contract with one firm to perform all aspects of the design, permitting and construction of this project. The County reserves the right to stop work before, during or after 37 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard u�l HA this project and is not obligated to the DB to continue the project. This solicitation is intended to comply with Chapter 287.055, Florida Statute. C. DB Responsibilities The DB will be expected to work in cooperation with the County and its designees, including private/public utilities and stormwater systems that will be affected by the work,and must be considered with the services provided. The DB shall provide design services to accomplish the work contained in this solicitation. The DB may retain sub-consultants for various design tasks; however, the DB will be solely responsible for all coordination and interface with the County. The DB shall be the single point of contract for all design services. The DB shall obtain such additional geotechnical and surveying related information that it deems necessary for the performance of the work. The DB will be expected to provide the following tasks: 1. Design Services for Final Design, Permitting and Construction of 4-Lane Roadway a. The DB shall complete the 4-lane design of the Roadway utilizing the 60% design documents that will be provided by the County, and shall provide signed and sealed plans, calculations, and technical specifications. The DB shall familiarize itself thoroughly with these 60%design documents and follow the development of design to produce the final design plans. The DB shall provide progress review sets of design documents at 90% and 100%. The design shall conform to the design criteria already established within the 60% design package. The DB shall ensure the constructability of the project during the design and review process. Any construction activity that commences prior to 100% approved plans by the County shall be at the DB's sole risk. b. Upon completion of the construction documents for each phase, the DB shall perform a specific review thereof and shall include a complete cost estimate and critical path method schedule. The DB shall submit to the County a written review covering alternative analyses, suggestions and recommendations. The design may be subject to an independent analysis as determined by the County. The DB shall specifically address long lead procurement items and conditions characteristic of the County that may impede construction and take appropriate action. Historically, it has been the experience of the County with projects constructed within this general geographic area, that rock and muck will be encountered during underground installations. Therefore the DB should consider the increased cost of all underground work activities while preparing this bid. Further, no extra compensation or time extension will be allowed for additional work directly associated with the pile driving, piling drilling, splitting, excavation, crushing and disposal, replacement of displaced volume of extracted rock with fill material or special handling of rock, or the presence or removal of muck or .any other unsuitable soils. 2. Design Services for Final Design, Permitting and Construction of 2-lane Bridge a. The DB shall provide final 2-lane design and construction services for bridge #034026 utilizing the 90% 4-lane bridge documents that will be provided by the County, and shall provide signed and sealed plans, calculations, and technical specifications. The DB shall familiarize itself thoroughly with these 90% design documents and follow the development of design to produce the final design plans. The DB shall provide progress review sets of design documents at 90% and 100%. The DB shall conform to the design criteria already established with the 90% 38 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard design package. The DB shall ensure the constructability of the project during the design and review process. Any construction activity that commences prior to 100% approved plans by the County shall be at the DB's sole risk. b. Upon completion of the construction documents for each phase, the DB shall perform a specific review thereof and shall include a complete cost estimate and critical path method schedule. The DB shall submit to the County a written review covering alternative analyses, suggestions and recommendations. The design may be subject to an independent analysis as determined by the County..The DB shall specifically address long lead procurement items and conditions characteristic of the County that may impede construction and take appropriate action. Historically, it has been the experience of the County with projects constructed within this general geographic area, that rock and muck will be encountered during underground installations. Therefore the DB should consider the increased cost of all underground work activities while preparing this. bid. Further, no extra compensation or time extension will be allowed for additional work directly associated with the pile driving, piling drilling, splitting, excavation, crushing and disposal, replacement of displaced volume of extracted rock with fill material or special handling of rock, or the presence or removal of muck or any other unsuitable soils. 3. Property Acquisition The County may request the DB to assist with providing legal sketches and descriptions for temporary construction, and permanent easement and right-of-way acquisition for the 2-lane Bridge project and any other parts of the roadway project. The County is in the process of acquiring other right-of-way for the project and a Notice to Proceed (NTP) shall not be issued to the DB firm until this process is complete. The County is using the 4-lane 60% Design right-of-way maps as the basis of the real estate acquisition. Any deviation from these maps caused by the 100% Design of the DB firm shall be remedied by the DB firm. 4. Permitting The DB shall prepare all applications, data, and drawings required by the. BCB and shall be responsible for obtaining all necessary BCB permits, including required fees. The current ERP (SFWMD and USACOE) application for the 4-lane design project may need to be modified if any deviations are made to the 60% plans. 5. The DB shall notify, coordinate with, and obtain relocation schedules from all utility providers located within the project limits. 6. Construction The DB shall be responsible for performing the traditional duties of a General Contractor throughout the performance of the work and warranty periods. The DB shall coordinate and ensure all work is in accordance with the design documents provided by the designer and as approved by the County. The DB will resolve and be responsible for conflicts between the design and actual on-site conditions. The DB is to ensure that the project is completed in accordance with the plans and 39 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard 1J - 0i . 14 specifications and requirements of the Florida Department of Transportation (FDOT) and Collier County. The DB will be responsible to the County Transportation Engineering (TE) Director or his designee for all aspects of the project. 7. Quality Control/Quality Assurance/Inspections The DB will solely be responsible for daily inspections of the project. The DB is to develop and implement a Quality Assurance/ Quality Control program. Final acceptance of each project and quality assurance will be provided by the County and based on the DB's certifications, environmental permit close-out requirements, signed and sealed as-built documentation and all other required close out documents. 8. Project Management Information The DB shall establish, with the full concurrence of the County, procedures for organizing and accomplishing the management control of the project including safety and traffic control. The DB shall design, implement and utilize a Project Management Information System (PMIS) to facilitate the rapid and accurate exchange and monitoring of information between all parties. The PMIS shall include as a minimum the following: • Narrative reporting, on a monthly basis. • Schedule control, on a monthly basis • Cost Control, and estimating • Project accounting • Action reports • Complaint Log • Daily Quality Control/Inspection Reports • Change Order Log All reports, documents and data to be provided shall represent an accurate assessment of the current status of the project and of the work remaining to be accomplished. The information provided shall provide a sound basis for identifying variances and problems and shall include recommendations for making management decisions. It shall be prepared and furnished to the County monthly throughout the contract period. 9. Warranty Where any work is performed by the DB's own forces or by subcontractors under contract with the DB, the DB shall warrant that all materials and equipment included in such work will be of good quality, free from improper workmanship and defective materials and in conformance with the drawings and specifications. In general, the warranty shall be a one-year period from acceptance by the County (unless superseded in the scope of work). With respect to the same work, the DB further agrees to correct all work found by the County to be defective in material or workmanship or not in conformance with the drawings or specifications at no expense to the County. 40 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard ``1 hA 10. Investigations and Litigations If the DB, the Preliminary Design Professional, or any other member of the DB Team with more than a 20% share of the Contract has ever been the subject of an investigation conducted by a regulatory or professional licensing board, give the details of such action. If the same parties outlined above have ever been sued or debarred from working for a public authority as a result of their actions or inaction in the course of the practice of their business or profession, give the details of such a suit or debarment. 11. Public Information Program The DB shall undertake a Public Information Program. The minimum requirements to complete this task and any information assembled shall include the following and must be approved by the County. • Maintain mailing lists of elected and appointed officials in the project area, permit and review agencies, property owners adjacent to or within the three hundred (300) feet of the project, and other interested parties that may be designated by the County. • Provide notification to residents in affected construction area in advance of proceeding with work in that area. DB shall keep residents informed of changes, delays, or other inconveniences until work in that area is complete. • Prepare exhibits, attend and participate in one (1) Public Information Meetings, which shall be conducted by the DB. The DB shall prepare and send notification of all meetings to all parties on the appropriate mailing lists. • Prepare presentation exhibits for use as visual aids during public meetings. • Erect project signs throughout the project area indicating the name of the project, project descriptions, and contact information. The DB shall also be responsible for establishing a construction inquiry phone line to manage complaints, questions and concerns. The phone number of this line will be prominently displayed on all communications with the public. All complaints will be researched and a response will be provided. Action on all complaints should be taken within twenty-four(24) hours from the time the complaint is registered. This information will be recorded and tracked in a computer database that may be reviewed by the County on a daily basis. In addition, a County representative will be identified to hear claims. County Responsibilities 1. County's Information. Upon request, the County shall provide all known available information regarding the requirements for the project design. 2. County's Representative. The County shall designate a representative who shall be fully acquainted with the project. The representative shall render decisions promptly and furnish information expeditiously. 3. Availability of Lands. The County shall furnish, as indicated in the Contract Documents, the lands upon which the construction is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the DB. The County 41 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard * _� may request the DB to assist with this effort. The DB shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. This document is signed and sealed as described in Florida Department of Business and Professional Regulation, Board of Professional Engineers. 51/ ) 020/4- aj S. ad, Licen No: PE63300 Date � a F. � .gbh p`4'., • IGAfl ' .Y.p A �Ad py e RCS f4 lr. ',... 42 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard A EXHIBIT B PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we (herein after called the Principal) and , (herein called the Surety), a corporation chartered and existing under the laws of the State of with its principal offices in the City of and authorized to do business in the State of are held and firmly bound unto the (hereinafter called the Owner), in the full and just sum of Dollars ($ ) 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 LOl/RFP 14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard. NOW, THEREFORE, if the Owner shall accept the RFP 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 RFP, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Proposal Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided in the RFP Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this day of , 201_ Principal BY (Seal) Surety (Seal) Countersigned Local Resident Producing Agent for 43 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard t) 1A EXHIBIT C—Price Proposal Page Inciudein:Separate Sealed,Envelope wkth,Technical Proposal Package COLLIER COUNTY PRICE PROPOSAL FORM SOLICITATION: RFP 14-6289 PROJECT DESCRIPTION: Deslon-Build Golden Gate Boulevard 4-Lane. East of Wilson Boulevard BASE PROPOSAL PROPOSED CONTRACT TIME: Days Substantial; Total Days (to Final) Item Description Unit Quantity Price Design-Build (16th St. N.E.) LS 1 TOTAL LUMP SUM PRICE FOR TERMINUS EAST OF 16th ST. N.E. INCLUDING ALL TAPERS $ TOTAL LUMP SUM PRICE INCLUDING PARTNERING and DISPUTES REVIEW WRITTEN OUT: $ ALTERNATE A PROPOSED CONTRACT TIME: Days Substantial; Total Days (to Final) Item Description Unit Quantity Price Design-Build (18th St. N.E.) LS 1 TOTAL LUMP SUM PRICE FOR TERMINUS EAST OF 18TH ST. N.E. INCLUDING ALL TAPERS $ TOTAL LUMP SUM PRICE INCLUDING PARTNERING and DISPUTES REVIEW WRITTEN OUT: $ DESIGN-BUILD FIRM NAME: DESIGN-BUILD FIRM ADDRESS: DESIGN-BUILD FIRM SIGNATURE: PRINTED NAME: TITLE: Provide Dun& Bradstreet Rating: Include Jr Separate Sealed t 'Eiivellop h Technical Proposal Package 44 RFP#14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard 1A EXHIBIT B INSURANCE AND BONDING REQUIREMENTS Insurance, ! IBond Riaqutr+ec Limits • ype �. �i 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Compensation Government Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. 0 Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000.000 single limit per occurrence ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑Watercraft $ Per noted: Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution $ 1,000,000 Per B-1 _ 1A Occurrence ® Professional Liability $1.000.000 Per Occurrence • $ 500,000 each claim and in the aggregate • $1.000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ® Bid/Proposal Bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County.. 11. ® Thirty (30) Days Cancellation Notice required. B-2 rl „...___,, , 11A AW ° CERTIFICATE OF LIABILITY INSURANCE ii5i2ois"'”) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. 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). PRODUCER CONTACT Donna Griffiths NAME: Guy Hurley Blaser and Heuer, LLC (A/C.NN Exrt: (248)519-1439 /ac.Not: (248)519-1401 1080 Kirts Blvd. , Suite 500 gDORIE55.dgriffiths @ghbh.com INSURER(S)AFFORDING COVERAGE NAIC# Troy MI 48084 INSURERA:The Travelers Ind Co. A+XV 25658 INSURED INSURER B:Houston Casualty Co. A+XIV 42374 Ajax Paving Industries of Florida, LLC INSURERCACIG Insurance Company AVIII 19984 510 Gene Green Road INSURERD:Travelers Prop Casualty Co A+XV 25674 INSURER E:Greenwich Ins. Co. A XV 22322 Nokomis FL 34275 INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 All Lines/Poll Dan REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR „JNSR WVD POLICY NUMBER ,..(MM/DD (MMIDD/YYYY), LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRMMGE TO RENTED PREMISES(Ea occurrence) $ 300,000 A CLAIMS-MADE X OCCUR X Y CO-8A09734-2-IND-14 6/1/2014 6/1/2015 MED EXP(Any one person) $ 5,000 X XCU COVERAGE INCLUDED PERSONAL&ADV INJURY $ 1,000,000 X CONTRACTUAL LIABILITY GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY I n l JE% n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT SEaaccident) $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL MANED SCHEDULED CAP - 8A09735-4-IND-14 6/1/2014 6/1/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X AUTOSWNED (Perr PERTY accident)DAMAGE $ PIP-Basic $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I RETENTION$ X H14XC5013202 6/1/2014 6/1/2015 $ C WORKERS WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? WCA000004614 6/1/2014 6/1/2015 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D INLAND MARINE X QT-630-8A099255-TIL-14 6/1/2014 6/1/2015 LEASED/RENTED EQUIP $550,000 E PROF/POLL LIABILITY CPL742032501 6/1/2014 6/1/2015 OCC/AGG $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project: 14-6289, Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard. Contract: 12-30-15. Collier County, Florida, is an Additional Insured for General Liability, Umbrella Liability and Pollution/Professional Liability when required by written contract. Waiver of Subrogation applies in favor of Collier County Florida for General Liability when required by written contract. 30 Day Notice of Cancellation applies in favor of Collier County Florida for General Liability, Automobile Liability, Wokers Compensation and Umbrella Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Florida ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE Bldg G Naples, FL 34112 a 1 Robert Heuer/WEAL ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025/omnnnr m The,ACfRrl name,and Innn are,re,nicfe,re,rl mark of Arnan EXHIBIT C 1 A PROJECT SCHEDULE (following this page) C-1 I 1 A • N 4' . 1 1 i . a• n 11 i R 1 /I I . 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F A i 1 .. i t 1 . ii t 1 ; ' .® _._. ._.-.....:.. i 1 . o 116 $ 1'14 •;,T• a 3 6 n o i Ali' 1 11 • kin i O 0 U U R y t. C I E — - 7 z v m 1 d } 1g X m it^-^^4'2 22:2 t.1 o eF a w• i ."..a o,Z o a .t Sf:TI R R 71R s, a R s . s a { +{� 44 'g;p T.x S S 7.114 ,g 2 ({�S q^} 2¢R(�{E 15.{¢ i¢qG Y7 a 11441 fP4 141 ?1, 3 ?!.FRG Itt/4,tf ill :R S F..4« F it f i f 41:: q ! :', € S S S.. ill S Y S-.-:21.,*T Y !T!! t! L As n k 2 .-Rj R A'St,R 9'p C T. S Y ^' YY S; R "A 9 4 R.A qi o'R J RI 8 Q i s .. e li dII! iIi f llllIt, IllHitH1!hi 3 1 I iUiiIIlliu!!' ,sill! $11141111111 1111 11 1111 1 1 '111 11 1 11 :° 1 i . g 2•418 � I Cg a._,. ..u.�w..Y.., hA EXHIBIT D-1 APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners(the OWNER)or Collier County Water-Sewer District(the OWNER) Application Date FROM: (CONTRACTOR's Representative) Payment Application For (CONTRACTOR's Name) Work accomplished through Date: (CONTRACTOR's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $_ Total value of Work Completed and stored to Date $ Percent Work completed to Date: % Less Retainage $ Percent Contract Time completed to Date % Total earned Less Retainage $ Less previous payment(s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred In connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: 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) D1 �. i EXHIBIT D-2 SCHEDULE OF VALUES (following this page) D2 114 EXHIBIT D-2 Ajax Paving Industries of FL,LLC Date: 12/15/2014 Golden Gate Blvd 4 Lane East of Wilson Blvd Design Build SCHEDULE OF VALUES Item Item Qty U/M Price %of No. Description Contract A Engineering Services A.I En:ineerin: Services/Plans A.1.1 Design Management 1 LS 262,913.00 1.3531% A.1.2 Roadway,Drainage&MOT Plans 1 LS 726,695.00 3.7401% A.1.3 Structures Plans 1 LS 88,236.00 0.4541% A.1.4 Utility Coordination 1 LS 53,510.00 0.2754% A.1.5 Environmental Services 1 LS 61,180,00 0.3149% A.1.6 Signing&Pavement Marking Plans 1 LS 33,062.00 0.1702% A.1.7 Public Involvement Support 1 LS 41,777.00 0.2150% A.1.8 Subsurface Utility Investigation 1 LS 20,000.00 0.1029% A.1.9 NPDES/Dewatering Permits 1 LS 30,975.00 0.1594% A.1.10 Post Design Services 1 LS 163,194.00 0.8399% A.2 Geotechnical Services A.2.1 Field Work,Laboratory,Report 1 LS 40,600.00 0.2090% A.3 Engineering Survey Services A.3.1 Design Field Investigation 1 LS 31,000.00 0.1595% g I � �� g �r�y rgdrlW�r mid �. �,*y` �, � k s dSP.ldI2�g ff K 1 �' 6` ,�r3[4 u4 F n. ti ' �.^W§Ldy 6 wb m n T' 8 6 A 2 T �a x� T B CQC B.1 CQC 1 LS 170,794.00 0.8790% �peddgt % it. Y. J`iSr ,c g ipk.44 F 4'8.1Uq^ F.,i� C Mobilization C.1 Mobilization 1 LS 1,913,413.00 9.8477% D Maintenance of Traffic D.1 Maintenance of Traffic 1 LS 711,749.00 3,6631% D.2 Temp.Barrier Wall 1 LS 51,956.00 0.2674% S: 3 % 7 � �{r.d A^;IH"M e�'�• a..t.-:t' .`_.t��3!`!' { i�t lai Pa �4 .n -�' sd�..�� a��_„cam E Erosion Control E.I Erosion Control Set-up&Maintenance 1 IS 48,835.00 0.2513% . fir 'r ,� ry k, .t e° ,�`.„(tt`:d c"k�`��°' nJ ��,� t� m 8�'........... �1i-9 5 .�_ �"r a'.";.�'�..., .3.",+'t ....�. ' _a®4 ..f F Roadway F.1 Clearin: &Grubbing F.1.I Clearing&Grubbing 1 LS 273,240.00 1.4063% F.2 Earthwork F.2.1 Excavation 1 LS 1,562,400.00 8,0412% F.2.2 Embankment 1 LS 320,231.00 1.6481% F.3 Stabilization F.3.1 Stabilization 1 LS 284,724.00 1.4654% F.4 Optional Base F.4.1 Optional Base Roadwa 1 LS 1,457,643.00 7.5020% F.5 Mifflin_ Page 1of2 1 A Ajax Paving Industries of FL,LLC Date: 12/15/2014 Golden Gate Blvd 4 Lane East of Wilson Blvd Design Build SCHEDULE OF VALUES Item Item Qty U/M Price %of No. Description Contract F.5.1 Milling Roadwa 1 LS 8,960.00 0.0461% F.6 Sup .ave F.6.1 Superpave Traffic Level C 1 IS 1,731,072.00 8.9093% F.6.2 Miscellaneous Asphalt 1 LS 24,662.00 0.1269% F.7 As•haltic Concrete.Friction Course w/Rubber F.7.1 FC 9.5 w/Rubber 1 LS 824,320.00 4.2425% F.8 Landscaping&Sod F.8.1 Grassing and Sod 1 LS 189,605.00 0.9758% F.8.2 Landscapin• Hardsca.e 1 LS 64,588.00 0.3324% F.9 Concrete EMI EMI F.9.1 Curb and Gutter(Type F) 1 LS 448,350.00 2.3075% F.9.2 Sidewalk 1 LS 416,556.00 2.1439% P.9.3 Driveway 1 LS 352,750.00 1,8155% F.9.4 Gravit Wall 1 LS 31,539.00 0,1623% F.10 Guardrail F.10.1 Guardrail Work 1 IS 25,721.00 0.1324% F.11 Handrail F.11.1 Handrail Handrail gy, I LS 25,346.00 0.1304% MAP G Drainage 0.1 Storm Drainage System G.1,1 Storm Draina:e System 1 LS 5,425,149.00 27.9215% �� `�� .,. 'a..,BnJa e H Bridge H.1 Golden Gate Main Canal Bride/Boat Ramp 1 LS 1,234,520.00 6.3537% t`qq� g � i.,s ,.,„.. „r� �Pf`nmc�e�3G,t k'E.:?» k...h`t;2A, ✓ 1 �• _. r.>,. �"o._.+.�.. �]] 4 .£:I.}k4 a �Ppet�� -k,J$B pFe`+” { Wad' i��l��•.•.n�mcaa[va 'wa<^ek: -.ux� �m.�.,6`�€c...,.,,[„ .w��.wY..��t.�.. . ..£5'6�....�....1�.::i --imLslu.3' 'Y AaIR� �� I Signs and Pavement Markings I.1 Si: I.1.1 Signs 1 LS 34,256.00 0.1763% I.2 Pavement Markings I.2.1 Pavement Markings I LS 244,479.00 1.2583% MAMpp��gg ,,((-„ hdir��a.' s ,e�' :&a,� '�lm.p3'Rt�3 m €a q7 h RA �mm �� .. .:��t�-.,a74aFa u�. ,a.N: CONTRACT TOTAL 19,430,000.00 100.000% Page 2 of 2 D 11A EXHIBIT E 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" hereby releases and waives for itself and its subcontractors at every tier, material men, suppliers, successors and/or assigns, all claims for payments due under this Agreement, against the Board of County Commissioners of Collier County, Florida, ("OWNER") relating in any way to the performance of the Agreement between Contractor and OWNER, dated , 20_, for the period from to (2) CONTRACTOR hereby certifies for itself and its subcontractors at every tier, material men, suppliers, successors and/or 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) This Release and Affidavit is given in connection with CONTRACTOR's [monthly/finall Application for Payment No. Ajax Paving Industries of Florida, LLC. "CONTRACTOR" Date: ATTEST: By: Title of individual signing First Witness Printed Name Second Witness Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me or produced as identification, and did not take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of E-1 4: t, EXHIBIT F-1 CHANGE ORDER (following this page) F-1 ,(-7-) Exhibit F-1:Construction Change Order Form 1 1 A Contract#: Change#: Purchase Order#: Project#: Contractor/Finn Name: Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date;Agenda Item# Current BCC Approved Amount Last BCC Approval Date;Agenda item# Current Contract/Work Order Amount SAP Contract Expiration Date(Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised ContractlWork Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount Completion Date,Description of the Tasks)Change,and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date dudes this change) #of Days Added Select Tasks ❑Add new task(s) ❑Delete task(s) ❑Change task(s) ❑Other(see below) Provide a response to the following:1.)detailed and specific explanation/rationale of the requested changes)to the task(s)and I or the additional days added(If requested);2.)why this change was not included in the original contract;and,3.) describe the impact If this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Department) Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment,if any,to the Contract shall constitute a full and final settlement of any and all daims of the Contractor/Vendor/Consultant/ Design Professional arising out of or related to the change set forth herein,Including claims for impact and delay costs. Accepted by: Date: (Contractor/Vendor/Consultant 1 Design Professional and Name of Firm,if project applicable) Approved by: Date: (Design Professional and Name of Firm,if project applicable) Approved by: Date: (Procurement Professional (Divisions who may require additional signatures may indude on separate sheet.) Revised: 10/26/2014 HA EXHIBIT F-2 WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: Method of determining change in Contract Times: ❑ Unit Prices ❑ CONTRACTOR's records ❑ Lump Sum ❑ Engineer's record ❑ Other ❑ Other Estimated increase (decrease) in Contract Price Estimated change in Contract Time: $ Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer OWNER's Representative F-1 11A EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project PROJECT: 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 (insert correct information] OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR, AND DESIGN PROFESSIONAL, and that such Work is hereby declared to be substantially complete in accordance with the contract documents on the following effective date: THE DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: G-1 11A The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER By: Type Name and Title G-2 EXHIBIT H 11A FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20_ CONTRACTOR: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to OWNER(attach to this form). 3. Effective date of General one year warranty from CONTRACTOR is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. OWNER personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from CONTRACTOR on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to OWNER: 13. Finished Floor Elevation Certificate provided to OWNER: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By CONTRACTOR: (Company Name) (Signature) (Typed Name&Title) By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By OWNER: (Department Name) (Signature) (Name &Title) H-1 1 1 EXHIBIT 1.1 PUBLIC PAYMENT BOND CONTRACT NO. 14-6289 BOND No. 013126944 KNOW ALL MEN BY THESE PRESENTS: That Ajax Paving Industries of Florida, LLC 510 Gene Green Road, Nokomis, FL 34275 as Principal, and Liberty Mutual Insurance Company as Surety, located at 5600 New King Street, Suite 360 Troy, MI 48098 (Business Address) are held and firmly bound to Board of County Commissioners for Collier County as Obligee in the sum of Nineteen Million Four Hundred Thirty Thousand and 00/100 ($ 19,430,000.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the r day of / 6,e(lit'Y 20= with Obligee for 14-6289, Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 is 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. f 1" IN WITNESS WHEREOF, the above parties have executed this instrument thisO day of , 20fthe the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: rAgAj; Ajax Paving Industries ofFicida, LLC 41 • Witnesses as to Principa\ Name: 11 I hof'- . . in 'AN Its: J'Q kS►i Eiv7 11-1 STATE OF lokiP4 11A COUNTY OF SA-g4 S 0 T4 The foregoing instrument was acknowledged before me this 711"day of -IA ti MA , 201,5 by as R. S tbkA. T of A-i4X J t L z .t . of rt02/,34, ((C. , a F lo al D4 corporation, on behalf of the corporation. He/she is personally known to me OR has produced ti/4 y k,t,a ww as identification and did (did nod take an oath. My Commission Expires: 4.4a/mi.)Signature of Notary) NAME: L S:mynoiiS (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of "4cirk OFFICIAL SEAL Commission No. JAMIE L.,SIMMONS ATTEST: Notary Public State of FI,orda Comm.#EE 161088 SURETY: Comm. Exp.Feb.26.2016 Liberty Mutual Insurance Company (Printed Name) 5600 New King Street Suite 360 Troy. MI 48098 (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Ir Channing McNamara As Attorney in Fact Michelle Buechel { J6...47." (Attach Power of Attorney) Witnesses 5600 New King Street Judith Gubala Suite 360 Troy, MI 48098 (Business Address) 11-2 (Printed Name) 248-641-0552 (Telephone Number) STATE OF Michigan COUNTY OF Oakland The foregoing instrument was acknowledged before me this 2 day of /fagt/4/1 y , 201 , by Michelle Buechel , as Attorney-in-fact of Liberty Mutual Insurance Company . Surety, on behalf of Surety. He/She is personally known to me OR has produced personally known as identification and who did (did not) take an oath. My Commission Expires: ', C Y(C6)..,( .MLLE MOORE r(3 ignature of Notary) Notary ab of Courdy of Ooklo Michigan My Commission Expires 5-25-2020 Name: Jill E. Moore Acting In the County of QcuJG -tit (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Michigan Commission No.: N/A 11-3 1 A EXHIBIT 1-2 PUBLIC PERFORMANCE BOND BOND NO. 013126944 CONTRACT NO, 14-6289 KNOW ALL MEN BY THESE PRESENTS: That Ajax Paving Industries of Florida, LLC 510 Gene Green Road, Nokomis, FL 34275 as Principal, and Liberty Mutual Insurance Company , as Surety, located at 5600 New King Street, Suite 360 Troy, MI 48098 (Business Address) are held and firmly bound to Board of County Commissioners for Collier County as Obligee in the sum of Nineteen Million Four Hundred Thirty Thousand and 00/100 ($ 19,430,000.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. ti WHEREAS, Principal has entered into a contract dated as of the 0,7fp", day of TIE-8 Q v4 2 y 2012 with Obligee for 14-6289 Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 thereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. t2-I • I hA 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. iti IN WITNESS WHEREOF, the above parties have executed this instrument this 2y day of I6 '.4' , 201sthe name of each party being affixed and these presents duly signed by its under igned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: Ajax Paving Industries of Florida, LLC cyi By: Witnesses as to Princip. ` Name: id ■ .4 • 0 AN Its: TRI-S lb ftiT STATE OF Flog/D4 • COUNTY OF ,c,}1 4s O /1 The foregoing instrument was acknowledged before me this 7 / ti day of DAA/v42y , 201) by MICH ,gZ ( A- H-Q/24N , as �2ts►�)t,vr of ,4)A v 14 vgNLq TA-A- df ftodioM, L( C• , a F to LI DA corporation, on behalf of the corporation. He/she is personally known to me OR has produced it4I,4 ), -gf 0ti.9 t t/ KA/o,-,^/'as identification and did take an oath. My Commission Expires: „QiY�L,P • �� (Signature of Notary) Name: _cr,,P14:Q L (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of I-tnA,tdCA. Commission No. OFFICIAL SEAL ATTEST: JAMIE L..SIMMONS SURETY: Notary Public State of Florida Comm.#EE 161488 Comm. Exp. Feb. 26.2016 Liberty Mutual Insurance Company (Printed Name) 5600 New King Street, Suite 360 Troy, MI 48098 (Business Address) 12-2 • • (Authorized Signature) 11 A Witness as to Surety (Printed Name) OR (j//C) • 0 M'1C.t ..,i - A-A ' -- Channing McNamara As Attorney in Fact Michelle Buechel (Attach Power of Attorney) Witnesses Judith Gubala 5600 New King Street Suite 360 Trov. MI 48098 (Business Address) (Printed Name) 248-641-0552 (Telephone Number) STATE OF Michigan COUNTY OF Oakland The foregoing instrument was acknowledged before me this y4 ti dayof fk6 R v4A20/sb Michelle Buechel y � � Y , as Attorney-in-fact of Liberty Mutual Insurance Company . Surety, on behalf of Surety. He/She is personally known to me OR has produced Personally Known as identification and who did take an oath. My Commission Expires: n4. C E MOORE (Signature of Notary) Notary Public-Slate of Michigan County of Oakland Name: Jill E. Moore My Commission E>spires 2020 (Legibly Printed) • Acting in the County of i O•Av- • (AFFIX OFFICIAL SEAL) Notary Public, State of Michigan Commission No.:N/A 12-3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herei lei A Certificate No. 6539249 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Anne Barick; Holly Nichols; Michael D. Lechner: Michelle Buechel; Paul M. Hurley; Richard S. McGregor; Robert D.Heuer;T. R.Guy all of the city of Troy ,state of MI each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed.any and all undertakings.bonds,recognizances and other surety obligations.in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF.this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 22nd day of April , 2014ca American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company to West American Insurance Company - ui y By: /� � STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary C COUNTY OF MONTGOMERY g = O On this 22nd day of April , 2014 . before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and chi j— • aCasualty Company.Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he.as such,being authorized so to do, >,W O 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L a� E > IN WITNESS WHEREOF.I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O &1;1-e4.6 15 4 v C o• y By: 'a O Teresa Pastella,Notary Public tV0 OE O d tC c This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance ,rn yCompany.Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: to ARTICLE IV–OFFICERS–Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 c .0+; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, , 8.= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective :5 E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so rt, m 0 re executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under > the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. -cN d ARTICLE XIII–Execution of Contracts–SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E e9 > and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M '5 O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C 0? 2 v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so g executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 cc Certificate of Designation–The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- ~ fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings.bonds,recognizances and other surety obligations. Authorization–By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company.wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 By: ow. Gregory W.Davenport,Assistant Secretary LMS_12873_122013 289 of 1000 1 1 A EXHIBIT J TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Ajax Paving Industries of Florida, LLC, hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Design Professional services to be provided under this Agreement, concerning 14-6289, Design Build Golden Gate Blvd 4 Lane, East of Wilson Boulevard are accurate, complete and current as of the time of contracting. Ajax Paving Industries of Florida, LLC BY: Al 1 /"/(‘:- TITLE: MAt1( 0 - /NINicN ,)C.eC• vICA DATE: 3 - x- 20/C J-1 11A EXHIBIT K LIST OF DESIGN PROFESSIONALS Stantec Consulting Services, Inc.: Personnel Title Walfry Pevida, PE Project Principal Felipe Jaramillo, PE, DBIA Project Manger Juan Restrepo, PE Roadway Design Jason Mosley Roadway Design Wayne Hartt, PE Technical Advisor/Independent QC Allan Berry, PE Bridge Engineer Brian Rose, PE Drainage Allyson Holland, PE Drainage John Maloney, PSM Survey& Mapping Jodi Rano Utility Coordination Randy Mason Signing/Pavement Marketing Bruce Layman, CE, PWS Environmental Kevin Mangan, ASIA Landscape Architecture Todd Laine, PE Maintenance of Traffic Jason Mosley Maintenance of Traffic Jeff Perry, AICP Transportation Planning/Public Involvement Brain Kelley Constructability Review Kris Cella Public involvement Subconsultant GFA International: Personnel Title Jeff D'Huyvetter, PE Geotechnical K-I