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#17-7159 (Ajax Paving Industries of FL, LLC) DESIGN-BUILD AGREEMENT between Collier County Florida and Ajax Paving Industries of Florida, LLC dated May 224 2018 "17-7159, Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard" Page t of 45 17-7159, 45 Design-Build Golden Gate Boulevard 4-Lane.East of Wilson Boulevard" DESIGN-BUILD AGREEMENT This Agreement is made this 2 „' 'day of rim , 2018 between Ajax Paving Industries of Florida, LLC, authorized to do business in the State of Florida (hereinafter called "CONTRACTOR'), whose business address is One Ajax Drive, North Venice, 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 Page 2 of 45 617-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" 4:P to review or approve the final design of the Project, as noted in Exhibit A — "Project Scope of 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. s.q3 Page 3 of 45 "17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" 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 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 cannot obtain. v Page 4 of 45 {. j "17-7159.Design-Build Golden Gate Boulevard 4-Lane.East of Wilson Bouleva ja 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: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. D. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. 3.2. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non- contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify 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 Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. Page 5 of 45 "17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" 3.3. 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. 3.4. The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. 3.5. 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). 3.6. 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. 3.7. 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 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 tc 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 coverages 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 Page 6 of 45 17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" the coverage's purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages 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 thirty (30) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. 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 immec lately 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. 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. Page 7 of 45 "17-7159,Design-Build Golden Gate Boulevard 4-Lane,East at Vhlson Boulev t 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$20,165,450.00(Twenty Million, One-Hundred Sixty-Five thousand four hundred and fifty 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 -2 "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 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 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 Page 8 of 45 "17-7159,Design-Budd Golden Gate Boulevard 4-Lane,East of W lson Boulevard"* 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 sciedule. 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 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: Page 9 of 45 "17-7159.Design-Budd Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" (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 -eceipts, 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. 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. 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. cz Within five (5) days of OWNER's receipt of CONTRACTOR's notice. OWNER and Page 10 of 45 '17-7159,Design-Build Golden Gate Boulevard 4-Lane.East of Nilson Boulevard" 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 Work is to be completed in two phases (i.e. Design Phase and Construction Phase), the timely completion of the first phase is critical to the timely completion of the second phase and, therefore, completion of the entire Project. Accordingly, CONTRACTOR agrees to provide the Services in accordance with the schedule attached hereto as Exhibit C — "Project Schedule". The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the OWNER. CONTRACTOR shall commence the Design Phase of the Work within five (5) calendar days from receipt of the notice of the Design Phase 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. 8.6.2. With respect to the Construction Phase Services, Exhibit C "Project Schedule" shall include the date that portion of the Work associated with the Construction Phase Services must be substantially completed by CONTRACTOR. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the OWNER. CONTRACTOR shall commence the Construction Phase of the Work within five (5) calendar days from receipt of the notice of the Construction Phase Commencement Date. That Substantial Completion date shall be established in terms of calendar days after the Construction Phase Commencement Date. 8.6.3. The Work shall be substantially completed within 745 (Seven Hundred and Forty- Five) calendar days from the Construction Phase 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. Page 11 of 45 "17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard' s 8.6.4. The work shall reach final completion and be ready for final acceptance by OWNER within 30 (Thirty) calendar days from the Construction Phase Commencement Date (herein "Contract Time"). 8.6,5. 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 noted above, OWNER shall be entitled to assess, as liquidated damages, but not as a penalty. $9,396.01 (Nine Thousand Three-Hundred Ninety-Six and 01/100) 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. 8.6.6. 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 8.6.7. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which OWNER rray be responsible, in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR expressly acknowledges and agrees that it shall receive no damages for delay. CONTRACTOR's sole remedy, if any, against OWNER will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 8.6.8. 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. 8.6.9. When any period of time is referenced herein by "days", the days shall be computed to exclude :he 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 Page 12 of 45 "17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" CONTRACTOR recognizes that day as a legal holiday and thereby gives the majority of its workers the day off from work. 8.6.10. 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." This is a calendar day contract and no additional time will be allowed for holidays, or weather delays except for floods, hurricanes, other force majeure or unforeseeable event in whole or part beyond the control of the Contractor, a subcontractor or material supplier. In the event such an event occurs the following procedures shall be followed to determine if any additional time is due the contractor. The effect of the adverse weather conditions other force majeure or unforeseeable event which negatively impacts upon or delays the Contractor's controlling of critical activities shall be evaluated on the date of each occurrence by the Engineer and the Contractor's superintendent. All pertinent and causative data for each event rain day which Contractor considers result in a delay of one or more critical or controlling items of work shall be recorded and documented by both parties. Seasonal or unseasonal rainfall will not be considered a viable cause for resultant impacts and delays, if any. Contract time extensions shall not accrue nor be granted automatically during the course of the work. Rather, the determination of whether time extensions will be granted to the Contractor shall only occur at the completion of all Contract work, and only if requested by the Contractor in writing. Moreover, considerations for granting additional Contract time for rain- induced delays shall be subject to the Contractor's submission of detailed project records including evidence of same as depicted by pertinent time/activity information on the project schedule. Additionally, as a prerequisite to the Engineer reviewing the Contractor's request to grant an extension of Contract time for any reasons whatsoever, the Contractor shall provide a copy of the Project Schedule which shall clearly indicate the dates and events contributing to the delay(s) under consideration. 8.6.11. 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. 8.6.12. 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. 8.6.13. Notwithstanding anytl-ing 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. 8.6.14. 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. 11 Page 13 of 45 "17-7159,Design-Build Golden Gate Boulevard 4-lane,East of Wilson Boulevard" 8.6.15. 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. 8.6.16. 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 OWN ER's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by CONTRACTOR for such items and (ii) an admission by CONTRACTOR that such items are in fact not a change but rather are part of the Work required of CONTRACTOR hereunder. 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 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 clam 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 Page 14 of 45 -17-7159.Design-Build Golden Gate Boulevard 4-Lane.East of Wilson Boulevard"' 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 affected 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 Procurement Ordinance and Procedures, as amended, 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 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 t• Page 15 of 45 r '17-7159.Design-Build Golcen Gate Boulevard 4-Lane,East of Wilson Boulevard" 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. 13.1. Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by CONTRACTOR as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then CONTRACTOR shall provide OWNER with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. OWNER and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will Page 16 of 45 "17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" 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. Notwithstanding 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 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, Page 17 of 45 '17.7159.Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard - 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 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 Page 18 of 45 '17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Nilson Boulevard C40 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 less, Page 19 of 45 17.7159.Design-Build Golden Gate Boulevard 4-Lane,East of bison Bouleva 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 1-1 and 1-2, 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 Page 20 of 45 17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" 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 Page 21 of 45 "1/-7159,Design-Build Golden Gate Boulevard 4-Lane.East of Wilson Boulevard 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: 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 Page 22 of 45 -17-7159,Design-Build Golden Gate Boulevard 4-Lane.East of'Mlson Boulevard' 0 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 Growth Management Department One Ajax Drive 2885 South Horseshoe Drive North Venice, Florida 34275 Naples, Florida 34104 ATTN: Mario Puente, Senior Project Manager 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, vendors will be evaluated on their performance upon completionitermination 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 in the form of Exhibit J and incorporated herein, 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 CD9 Page 23 of 45 "17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" 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. (Signature Page to Follow) Page 24 of 45 C "17-7159,Design-Build Golden Gale Boulevard 4-Lane,East of Wilson Boulevard" IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF OU TY COM ' • ERS COLLIE' OU. Y, FLO" I '" / Dwight E. Brock Clerkrof Cou By: PAA . By: mor �y 513{� , Chairman Dated: A ' ,0 ', (SEAL) Attest as o C aitman'4. Contractor's titibi ' ?.y. Ajax Paving Industries of Florida, LLC Contractor `,e, o e i,„ By/ C � J ' / GB' �T • t1 Contra ors First Witness Signature, Signe `� -o Michael A. Horan, President ..a., 2008 • ' Ingrid aney TType/print signature and titleT f�•.;A'4oRvpp, ../..11-1 TTyp tint witnes na it �'b••......•'0`��.s' limit) /7 7ontractor's Second Witness Signature Jamie L. Simmons TTypelprint witness name ' •prove, - 10eFor -n Legality: •Z Lc/ ► .. , Co tyA orney i Com Prin' ame 41,9 Page 25 of 45 17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" EXHIBIT A PROJECT SCOPE AND SERVICES (following this page) Page 26 of 45 "17-7159,Design-Build Golden Gate Boulevard 4-Lane.East of Wilson Boulevard" C:o. icr Coisnty Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROFESSIONAL SERVICES (RPS)— S'TEP 1 In accordance with Florida Statute 287.055 Consultants' Competitive Negotiation Act FOR Design-Build of the Golden Gate Boulevard 4-Lane Road Project RPS NO.: 17-7159 EVELYN COLON, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-2667 evelyncolon@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format(Rev 8/8/2017). 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. TABLE OF CONTENTS ITEM DESCRIPTION 1. Introduction 2. Background 3. Request for Professional Services(RPS)Process 4. Grading Criteria for Development of Shortlist Instruction to Proposers 5. Questions 6. Pre-Proposal Conference 7. Compliance with RPS 8. Ambiguity,Conflict,or Other Errors in the RPS 9. Proposals,Presentations,and Protest Costs 10. Delivery of Proposals 11. Validity of Proposals 12. Method of Source Selection 13. Evaluation of Proposals 14. References 15. Reserved Rights 16. Collier County Purchase Order Terms and Conditions Additional Terms and Conditions for RPS 17. Insurance and Bonding Requirements 18. Additional items and/or Service 19. County's Right to Inspect 20. Vendor Performance Evaluation 21. Additional Terms and Conditions of Contract 22. Public Records Compliance 23. Payment Method 24. Environmental Health and Safety 25. Licenses 26. Survivability 26. Principal/Collusion 28. Relation of County 29. Termination 30. Lobbying 31. Certificate of Authority to Conduct Business in the State of Florida(Florida Statute 607.1501) 32. Single Proposal 33. Protest Procedures 34. Public Entity Crime 35. Security and Background Checks 36. Conflict of Interest 37. Prohibition of Gifts to County Employees 38. Immigration law Affidavit Certification 39. Term of Contract Attachments Required RPS Forms 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 2 INSTRUCTIONS TO PROPOSERS FOR INITIAL SUBMITTAL REQUEST FOR PROFESIONAL 17-7159 SERVICES(RPS)NUMBER: PROJECT TITLE: Design-Build of the Golden Gate Boulevard 4-Lane Road Project PRE-PROPOSAL CONFERENCE: No Pre-Proposal Meeting LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST,BLDG C-2,NAPLES,FLORIDA 34112 PROPOSAL OPENING September 11,2017 at 3:00 P.M. DAY/DATE/TIME: PLACE OF PROPOSAL OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST,BLDG C-2 NAPLES,FL 34112 1. INTRODUCTION As requested by the Growth Management Division (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Professional Services (hereinafter, "RPS") with the intent of obtaining proposals from interested and qualified Design Build Firms/Partnerships in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The County is interested in receiving proposals from experienced design-build teams for the design and construction of improvements to widen Golden Gate Boulevard. 2. BACKGROUND The purpose of this background 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,if necessary,for: •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 Southwest Florida Water Management District Big Cypress Basin(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. 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 from West of 20th Street East to East of Everglades Boulevard,including the bridge over Miller Canal(Bridge#034028) and the drainage system to the Faka Union Canal. The project begins at the beginning of the four/two-lane transition West of 20th St. The project terminus is the Everglades Boulevard intersection,including all required tapers East of the intersection,which shall comply with the latest FDOT Specifications and MUTCD manual requirements.FDOT standard tapers East of the intersection are included,as well as drainage system into the Faka Union Canal. All the right-of-way, from West of 20th Street East to East of Everglades Boulevard has been acquired by Collier County. Acquisition of the remaining portion needed for drainage construction East of Everglades Boulevard to the Faka Union Canal is scheduled(but not guaranteed)to be completed by December 31st,2017.A Notice to Proceed(NTP)shall not be granted to the DB firm until after all right-of-way has been acquired. 3. REQUEST FOR PROFESSIONAL SERVICES(RPS)DESIGN BUILD PROCESS 3.1 The selection process will involve a two step proposal review to minimize Proposers' costs in preparing initial 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 3 qualification proposals and expediting the review process. The Proposers will initially submit a qualifications proposal(in response to this RPS - Initial Qualifications Submittal) based on the criteria in Section 4.0 Grading Criteria for Development of Shortlist,which will be the basis for short-listing no less than three(3)firms. The COUNTY will then issue a RPS-Step 2 to the shortlisted firms,which will include the Design Criteria Package,after which time the short-listed firms will submit final technical and pricing proposals and be invited for oral presentations. In Step 2 of the RPS,the COUNTY will invite the short-listed firms to propose a Guaranteed Maximum Price(GMP)and a guaranteed schedule, based on the Design Criteria Package and other contract documents. The GMP must include all design and construction costs. A Proposal Bond will be required during Step 2. Also, during Step 2 of the RPS process, other information,including but not limited to clarifying questions or interviews,may be requested and evaluated. The Proposers will need to meet the minimum requirements outlined in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then produce a final ranking for approval by the Board of County Commissioners. Upon approval,the County will enter into negotiations with the top ranked firm. With successful negotiations, a contract will be developed with the selected firm,based on the GMP and technical components. 3.2 The COUNTY will use a Selection Committee in the RPS selection process. 3.3 The intent of the Step 1, scoring of the qualifications proposal, is for consultants to indicate their interest, relevant experience,financial capability,staffing and organizational structure. 3.4 Based upon a review of these qualification proposals,the top three(3)short-listed firms will be requested to submit Step 2, and to make oral presentations. 3.5 The scores from the RPS - Step 1 used for short-listing for this Project will not be carried forward for the Step 2 of this selection process. 3.6 The intent of the Step 2 is submit final technical and pricing proposals and to provide the firms with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final ranking. 3.7 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top-ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. 4. GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 4.1 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY'S Selection Committee to score each proposal. Consultants are encouraged to keep their proposals concise and to include a minimum of marketing materials. Proposals must address the following criteria: STEP 1 Evaluation Criteria Maximum Points 1. Ability of Professional Personnel 30 Points 2. Certified Minority Business Enterprise 5 Points 3. Past Performance 30 Points 4. Location 15 Points 5. Recent,Current,and Projected Workloads of the Firm 20 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record.The tie breaking procedure is only applied in the final ranking step of the selection process.In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three(3)witnesses. methodologyfor scoringis further described below. Each criterionand EVALUATION CRITERIA NO.1:ABILITY OF PROFESSIONAL PERSONNEL(30 Total Points Available) This criterion measures the ability of professional team personnel as shown by their level of experience on projects of similar type,size and complexity. This criterion measures how well the team is staffed to address all facets of the project. It measures how well the team is organized to deliver the project for the COUNTY. Preference will be given to teams with 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 4 knowledge and experience with local construction and regulatory conditions and who demonstrate a strong commitment to team collaboration proximate to the project site. Preference will also be given to teams (both individual within the teams and the companies making up the team)that have worked together on successful delivery of similar projects. It measures the overall level of the team's qualifications to successfully complete the project. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise EVALUATION CRITERIA NO.3:PAST PERFORMANCE(30 Total Points Available) This criterion measures the professional team's past experience with projects similar in size,type and complexity as this project. The professional teams will be evaluated on their Design Build road projects of the size and scope of this project, including the experience the team members proposed on this project have together on the previous projects presented. Experience with all elements of the project scope as generally described herein will be evaluated, with specific emphasis on experience addressing the technical,community and project delivery categories. The professional team's minimization of change orders will be an important consideration. Preference will be given to Design Build road projects constructed within the last five(5)years in proximity to the proposed project. The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using form provided in Attachment B—Form 8. Proposer may include two(2)additional pages for each project to illustrate aspects of the completed project that provides the PSC information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO.5:LOCATION(15 Total Points Available) The professional team's approach to management and execution of work with respect to location of various key project team members will be evaluated under this criterion. The Proposer shall demonstrate from the project kick-off how they will establish the project location in order to manage day-to-day or on-site information collection and distribution between internal and external team members,and County staff,as well as other entities involved in the project. EVALUATION CRITERIA NO. 6: RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM (20 Total Points Available) This criterion measures the team's proposed resources for the project and their availability to complete all elements of this project with regards to the closeout of recent work, current workload, and projected projects that could impact the completion of this project. INSTRUCTIONS TO PROPOSERS 5. QUESTIONS 5.1 Direct questions related to this RPS to the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. 5.2 Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 6. PRE-PROPOSAL CONFERENCE 6.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RPS with all prospective Consultants having an equal opportunity to hear and participate.Oral questions will receive oral responses, neither of which will be official, nor become part of the RPS. Only written responses to written questions will be considered official,and will be included as part of the RPS as an addendum. 6.2 All prospective Consultants are strongly encouraged to attend,as,this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Consultants must be present in order to submit a proposal response. 7. COMPLIANCE WITH THE RPS 7.1 Proposals must be in strict compliance with this RPS. Failure to comply with all provisions of the RPS may result in disqualification. 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 5 8. AMBIGUITY,CONFLICT,OR OTHER ERRORS IN THE RPS 8.1 It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy,omission or other error in the RPS,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 RPS from the Procurement Services Division. 9. PROPOSALS,PRESENTATIONS,AND PROTEST COSTS 9.1 The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RPS, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable,any protest procedures. 10. DELIVERY OF PROPOSALS 10.1 All proposals are to be submitted before 3:00 P. M., Naples local time, on or before September 11, 2017 the Collier County Procurement Services Division Online Bidding System website:www.colliergov.net/bid. 10.2 The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated date and/or time indicated. 11. VALIDITY OF PROPOSALS 11.1 No proposal can be withdrawn after it is opened unless the Consultant makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 12. METHOD OF SOURCE SELECTION 12.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08,establishing and adopting the Collier County Procurement Ordinance. 12.2 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. 13. EVALUATION OF PROPOSALS 13.1 Collier County will evaluate and the proposals and select the firm in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act(CCNA). 13.2 The County's procedure for selecting is as follows: 13.2.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 13.2.2 The RPS is issued. 13.2.3 Subsequent to the receipt closing date for the proposals,the Procurement professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RPS. 13.2.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division. 13.2.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be posted with at least one(1)day advanced notice. 13.2.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the RPS using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 13.2.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions/comments based on their reading and interpretation of the materials presented to each other,and may ask questions of one another. Time will be allowed for public comment. 13.2.8 Collier County selection committee members may 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,clarification of proposer information,and/or additional credit information. 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 6 13.2.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination on which firms will be invited to submit on Step 2 of this solicitation process;by short listing the proposals submitted with the goal of having a minimum of three(3)firms. 13.2.10 The shortlisted firms will be asked to submit their technical and price proposals in Step 2 which will include oral presentations. At the conclusion of Step 2 the proposers will be placed in a rank order of preference by the selection committee. 13.2.11 The final rank order will be presented to the Board of County Commissioner to authorize negotiations. 13.3 The County reserves the right to withdraw this RPS 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. 13.4 Receipt of a proposal by the County offers no rights upon the Consultant nor obligates the County in any manner. 13.5 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. 14. REFERENCES 14.1 The County reserves the right to contact any and all references submitted as a result of this solicitation. 15. RESERVED RIGHTS 15.1 Collier County reserves its right in any solicitation to accept or reject any or all bids,proposals or offers;to waive minor irregularities and technicalities;or to request resubmission.Also Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel,extend or modify any or all bids,proposals or offers;to award to one or more vendors;to award all or part of a solicitation;and to award by individual line items when it is deemed to be in the best interest of the County.Collier County reserves its right to reject any sole response. END OF INSTRUCTIONS TO PROPOSERS COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 16. PURCHASE ORDER TERMS AND CONDITIONS 16.1 Offer 16.1.1 This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen(14)days of issuance. 16.2 Acceptance and Confirmation 16.2.1 This Purchase Order(including all documents attached to or referenced therein)constitutes the entire agreement between the parties,unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. 16.2.2 No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment,invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 16.3 Inspection 16.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. 16.3.2 To the extent that a purchase order requires a series of performances by VENDOR,the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non conforming or otherwise rejected by the COUNTY. 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 7 16.4 Shipping and Invoices 16.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 16.4.2 b) No charges will be paid by the COUNTY for packing,crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 16.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. 16.4.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices,whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218,Fla. Stats.,otherwise known as the"Local Government Prompt Payment Act," and,pursuant to the Board of County Commissioners Purchasing Policy. 16.5 Time Is Of the Essence 16.5.1 Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment,shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 16.6 Changes 16.6.1 The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing,VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30)days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 16.7 Warranties 16.7.1 VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production,free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection,acceptance,passage of title and payment by the COUNTY. 16.8 Statutory Conformity 16.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 16.9 Advertising 16.9.1 No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services,or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 16.10 Indemnification 16.10.1 VENDOR shall defend,indemnify and hold harmless the COUNTY from any and all claims,including claims 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 8 of negligence,costs and expenses,including but not limited to attorneys'fees,arising from,caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons),which arise out of or are incident to the goods and/or services to be provided hereunder. 16.11 Warranty of Non Infringement 16.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent,trademark, copyright or trade secret; and c) do not constitute unfair competition. 16.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees,which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 16.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non infringing, (without any material degradation in performance,quality,functionality or additional cost to the COUNTY). 16.12 Insurance Requirements 16.12.1 The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 16.13 Compliance with Laws 16.13.1 In fulfilling the terms of this Purchase Order,VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non- exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race,religion,sex creed,national origin,handicap,marital status,or veterans' status. Further, VENDOR acknowledges and without exception or stipulation 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 seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 16.14 Force Majeure 16.14.1 Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control,including,but without limitation to war,strikes,civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 16.15 Assignment 16.15.1 VENDOR may not assign this Purchase Order,nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16.16 Taxes 16.16.1 Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes,Chapter 212),and from federal excise tax. 16.17 Annual Appropriations 16.17.1 The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 16.18 Termination 16.18.1 This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 9 terms and conditions of this Purchase Order,provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 16.19 General 16.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County,Florida 16.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. 16.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage,delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. 16.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 16.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order,the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and/or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. ADDITIONAL TERMS AND CONDITIONS FOR RPS 17. INSURANCE AND BONDING REQUIREMENTS 17.1 The Consultant 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 Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 17.2 The County and the Consultant waive against each other and the County's separate Consultants, 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 Consultant and County shall, where appropriate,require similar waivers of subrogation from the County's separate Consultants,Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 17.3 Collier County shall be responsible for purchasing and maintaining,its own liability insurance. 17.4 Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." 17.5 The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. 17.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The"Certificate Holder"should read as follows: Collier County Board of County Commissioners Naples,Florida 17.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant 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 Consultant's sole responsibility. 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 10 17.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. 17.9 The Consultant 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 Consultant. The Consultant 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 Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17.10 Should at any time the Consultant 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 Consultant for such coverage(s)purchased. If Consultant 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 Consultant under this Agreement or any other agreement between the County and Consultant. 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. 17.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work,the Consultant 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 Consultant to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. 18. ADDITIONAL ITEMS AND/OR SERVICES 18.1 Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 19. COUNTY'S RIGHT TO INSPECT 19.1 The County or its authorized Agent shall have the right to inspect the Consultant's facilities/project site during and after each work assignment the Consultant is performing. 20. VENDOR PERFORMANCE EVALUATION 20.1 The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end,vendors will be evaluated on their performance upon completion/termination of this Agreement. 21. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 21.1 The selected Consultant shall be required to sign a standard Collier County contract. 21.2 The resultant contract(s)may include purchase or work orders issued by the County's project manager. 21.3 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 Consultant. 21.4 The County's project manager shall coordinate with the Vendor/ Contractor the return of any surplus assets, including materials,supplies,and equipment associated with the scope or work. 22. PUBLIC RECORDS COMPLIANCE 22.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b)as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 11 Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: Keep and maintain public records required by the public agency to perform the service. Upon request from the public agency's custodian of public records,provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency,upon request from the public agency's custodian of public records,in a format that is compatible with the information technology systems of the public agency. 23. PAYMENT METHOD 23.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: 23.1.1 Purchase Order Number 23.1.2 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 East,Suite 700 Naples FL 34112 Or Emailed to: bccapclerk(a,collierclerk.com 23.2 Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. 23.3 Payment methods include: 23.3.1 Traditional—payment by check,wire transfer or other cash equivalent. 23.3.2 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. 23.4 The County may not accept any additional surcharges(credit card transaction fees)as a result of using the County's credit card for transactions relating to this solicitation. 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." 23.5 Upon execution of the Contract and completion of each month's work,payment requests may 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 should 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. 23.6 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 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 12 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. 23.7 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. 23.8 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 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. 24. ENVIRONMENTAL HEALTH AND SAFETY 24.1 All Consultants and Sub Consultants 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. Consultants and Sub Consultants 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. 24.2 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 Consultant's work operations. This provision is non-negotiable by any department and/or Consultant. 24.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 24.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 25. LICENSES 25.1 The Consultant 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 Consultant to submit the required documentation may be grounds to deem Consultant non-responsive.A Consultant, with an office within Collier County is also required to have an occupational license. 25.2 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. 25.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services 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. 26. SURVIVABILITY 26.1Bids (ITBs/RFPs/RPSs): The Consultant agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 27. PRINCIPAL/COLLUSION 27.1 By submission of this Proposal the undersigned,as Consultant, 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. 28. RELATION OF COUNTY 28.1 It is the intent of the parties hereto that the Consultant shall be legally considered an independent Consultant, and that neither the Consultant 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 responsible for any negligence on the part of said Consultant,their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 13 corporation. 29. TERMINATION 29.1 Should the Consultant be found to have failed to perform 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. In the event that the award of this solicitation is made by the Procurement Services Director,the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 30. LOBBYING 30.1 After the issuance of any solicitation,no current or prospective vendor or any person acting on their behalf,shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii)will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-08. 31. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (Florida Statute 607.1501) 31.1 In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may 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. 32. SINGLE PROPOSAL 32.1 Each Consultant must submit, with their proposal, the required forms included in this RPS. 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 RPS. 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 RPS.All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 33. PROTEST PROCEDURES 33.1 Any prospective vendor/proposer who desires to protest any aspect(s) or provision(s)of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director strictly in accordance with the County's current Procurement Ordinance and policies. 33.2 Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within three (3) calendar days (excluding weekends and County holidays)of the date that the recommended award is posted. 33.3 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 Procurement Director. 34. PUBLIC ENTITY CRIME 34.1 A person or affiliate who has been placed on the convicted Consultant 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 CA ILGORY TWO for a period of 36 months following the date of being placed on the convicted Consultant list. 35. SECURITY AND BACKGROUND CHECKS 35.1 The Contractor is required to comply with County Ordinance 2004-52,as amended.Background checks are valid for five (5)years and the Contractor shall be responsible for all associated costs.If required,Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 14 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. 35.2 All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one(1)year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. 35.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4)hours of separation may result in a deduction of$500 per incident. 35.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract.If there are additional fees for this process,the vendor is responsible for all costs. 36. CONFLICT OF INTEREST 36.1 Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RPS 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. 37. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES 37.1 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,RPS, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 38. IMMIGRATION LAW AFFIDAVIT CERTIFICATION 38.1 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. 38.2 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 Request for Professional Services(RPS)and construction services. 38.3 Exceptions to the program: 38.3.1 Commodity based procurement where no services are provided. 38.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 38.4 Consultants/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 Consultant'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. Consultants are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Consultant does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder's/Consultant's proposal may be deemed non-responsive. 38.5 Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not covered under the"Exceptions to the program"clause above. 38.6 For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Consultant's responsibility to familiarize themselves with all rules and regulations governing this program. 38.7 Consultant acknowledges,and without exception or stipulation,any firm(s)receiving an award shall be fully responsible 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 15 for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324,et seq. and regulations relating thereto, as either may be amended 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. 39. TERM OF CONTRACT County reserves the right to modify this scope during negotiations for budgetary reasons. The contract term,if an award is made,will commence on the date of the Notice to Proceed and end upon acceptance and approval of the final payment. Surcharges will not be accepted in conjunction with this award, and such charges should be incorporated into the pricing structure. END OF ADDITIONAL TERMS AND CONDITIONS FOR RPS • 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project 16 Colt-ger County Ackninistrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROFESSIONAL SERVICES (RPS)— STEP 2 In accordance with Florida Statute 287.055 Consultants' Competitive Negotiation Act FOR DESIGN-BUILD OF Design-Build Golden Gate Boulevard 4-Lane, from West of 20th Street East to East of Everglades Boulevard, including drainage to the Faka Union Canal RPS NO.: 17-7159 EVELYN COLON, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 "TELEPHONE: (239) 252-2667 evelyncolon@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal,cancellation of any subsequent award,or any other legal remedies available to the Collier County Government. 1 INSTRUCTIONS TO PROPOSERS FOR STEP 2 TECHNICAL PROPOSAL SUBMITTAL REQUEST FOR PROFESSINAL 17-7159 SERVICES(RPS) NUMBER: PROJECT TITLE: Design-Build Golden Gate Boulevard 4-Lane,from West of 20th Street East to East of Everglades Boulevard,including drainage to the Faka Union Canal PRE-PROPOSAL CONFERENCE: No Pre-Proposal Conference LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST,BLDG C-2,NAPLES,FLORIDA 34112 RPS OPENING DAY/DATE/TIME: January 10,2018 at 3:00PM PLACE OF RPS OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST,BLDG C-2 NAPLES,FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION Through the issuance of this Request for Professional Services — Step 2 (RPS — Step 2), the Growth Management Division (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") is hereby soliciting sealed Technical Proposals, Guaranteed Maximum Price (GMP), and Presentations for a contract to perform Design-Build Golden Gate Boulevard 4-Lane, from West of 20th Street East to East of Everglades Boulevard, including drainage to the Faka Union Canal Project. The issuance of this RPS - Step 2 is the second step in a two-step solicitation process for the Project.By utilizing a Design-Build (D-B) project delivery approach, the County expects to secure substantial benefits. These expected benefits include timely and efficient scheduling, optimal risk allocation, competitive design selection, innovation, clear assignment of performance responsibilities to a single contracting entity, long-term reliability, and life-cycle cost savings. Another expected benefit is the full integration of key design,construction,and quality assurance/quality control(QA/QC)personnel in all aspects of the Project. The intent in developing this RPS- Step 2 is to encourage the Proposers to provide the best solution for the Project,consistent with the Project goals and requirements as defined.Proposers should carefully review this RPS - Step 2 to ensure a clear understanding of the Project's needs,objectives,work scope,and requirements. Only the shortlisted firms from the Step 1 process are eligible to respond and those firms are listed below: Ajax Paving Industries of Florida,LLC/Stantec Consulting Services,Inc. Owen-Ames-Kimball Company/Hole Montes,Inc. Wright Construction/Agnoli Barber&Brundage,Inc./Bridging Solutions/HighSpans Engineering,Inc. BACKGROUND The purpose of this background 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,if necessary,for: •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 Southwest Florida Water Management District Big Cypress Basin(BCB)permitting)would be obtained 17-7159 Design Build Step—2 2 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. 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 from West of 20th Street East to East of Everglades Boulevard,including the bridge over Miller Canal(Bridge#034028) and the drainage system to the Faka Union Canal. The project begins at the beginning of the four/two-lane transition West of 20th St. The project terminus is the Everglades Boulevard intersection,including all required tapers East of the intersection,which shall comply with the latest FDOT Specifications and MUTCD manual requirements.FDOT standard tapers East of the intersection are included,as well as drainage system into the Faka Union Canal. All the right-of-way, from West of 20th Street East to East of Everglades Boulevard has been acquired by Collier County. Acquisition of the remaining portion needed for drainage construction East of Everglades Boulevard to the Faka Union Canal is scheduled(but not guaranteed)to be completed by December 31st,2017.A Notice to Proceed(NTP)shall not be granted to the DB firm until after all right-of-way has been acquired. DESIGN CRITERIA PROFESSIONAL The Design Criteria Professionals for this Project is Collier County and the County has responsibility for developing and ensuring compliance with the Design Criteria Package for the Project. The Design Criteria Professional shall also provide assistance to the County as necessary in Project oversight, design reviews, construction monitoring, start-up assistance, and environmental compliance. All short-listed Proposers will be provided with the Design Criteria Package which describes the minimum scope and required quality for design and construction of the project, and it also provides additional relevant information about the project. The Design Criteria Package generally provides for less than 30%completion level of the design documents and in no way is it represented as being fmal construction documents. The Design Criteria Package has not undergone regulatory review and it does not include all the details necessary to identify all materials and items to construct the project. It will be the Design-Builder's responsibility to develop complete construction documents with all necessary details commensurate with the scope and quality indicated in the Design Criteria Package and to meet all regulatory requirements. -.- ' ... - -- -. •- . . . , - ... - ._ , . _ documents and do not reflect all of the design, permitting, regulatory, and construction requirements for the project, and that, Pr-epesak Proposers are advised that in no event shall a Proposer include any employee of the firm listed above (nor any employee of Collier County) as part of its team for the Project. All communications with the County or Design Criteria Professionals regarding this procurement shall be in accordance with the applicable sections of this RPS-Step 2. PROCUREMENT OVERVIEW AND OBJECTIVES By utilizing a D-B project delivery approach,the County expects to secure substantial benefits. These expected benefits include efficient and cost-effective design, construction and operation, optimal risk allocation, competitive design selection, and clear assignment of performance responsibilities to a single contracting entity. Other expected benefits include the full and appropriately-balanced integration of key design,construction,and QA/QC personnel in all aspects of the Project development. The County's project objectives are to ensure: • An overall positive outcome and experience for the communities involved. • Environmental protection through compliance with all regulatory requirements. • Compliance with other performance guarantees identified in the Agreement. • Project completion on schedule. • A safe Project construction and operating environment. • Good neighbor attributes to adjacent properties in terms of noise,vibration,dust,odors,traffic,and lighting impacts. • Efficient and cost-effective design,permitting,and construction. • A high degree of coordination between the design,permitting,and construction elements. • Ease of operations and maintenance. • Consideration and ease of expandability. • A high degree of security for the Project Sites. • Construction of an aesthetically-pleasing Project. • Successful integration of work completed by others. 17-7159 Design Build Step—2 3 The County desires to optimize creativity, cost-competitiveness and efficient delivery in the D-B process and will therefore provide some flexibility to Proposers with respect to the design and other applicable elements affected by the overall Program. Nevertheless,it is critical that proposed equipment and designs have been proven to meet the performance requirements of this RPS - Step 2. The proposed project will be subject to all required regulatory approvals including, but not limited to, the Florida Department of Environmental Protection(FDEP),the Southwest Florida Water Management District(SWFWMD),the United States Army Corps of Engineers(USACE),and all applicable County and regulatory agencies policies and requirements. The Board of County Commissioners (BOCC) approved implementation of this Project using the D-B procurement method and solicitation of the RPS- Step 1 and this RPS-Step 2. It is the County's intent to establish a working partnership among all Project participants-County staff,the Design Criteria Professional,and the Design-Builder. SERVICES SUMMARY The County believes the D-B procurement method will accomplish its objectives. To achieve the optimal benefit from this process, the County prefers that the Proposer's Project team be one that is a truly integrated team with a genuine, collaborative philosophy. Such a team would integrate the two prime roles of designer and builder. These prime roles would be integrated in a manner that supports collaboration and high performing team concepts. This team structure should share risk and reward, contain proper incentives,and allow for the routine conflict resolution of the issues that typically arise among these two prime roles. The Design-Builder shall provide the County with the following integrated D-B services: • Overall Project Coordination o Leadership,coordination and communications with internal and external entities to ensure project success o Community outreach, input and information to appropriately engage the community and County personnel, and ensure that overall needs are met o Coordination of activities that interface with other ongoing and planned County projects in the area and related to this Project • Design&Permitting: o Design of the project and all associated elements outlined o Comprehensive permitting of all elements of the project as described in the Design Criteria Package • Construction: o Construction management and administration o Construction of the project and all on-site and off-site elements of the project as defined o Seamless maintenance of operations thorough coordination with all project team members o Completion of installation and start-up of all required equipment and systems as well as performance and acceptance tests(where applicable) o Completion of training of County personnel on individual systems and complete facility operation and maintenance requirements(where applicable) o Demolition and Repurposing of existing resources, including transfer to the County of Salvaged Equipment (where applicable) o Other requirements as mandated by the Agreement o Optional construction(where applicable) In providing these services the Design-Builder shall,at all times,comply with the following: • Design criteria and performance standards outlined in the Design Criteria Package • Measures set forth in all approved permits issued by relevant agencies • Design review/approval processes as detailed in this RFP-Step 2 • County and industry design and construction standards GRADING CRITERIA FOR DEVELOPMENT OF FINAL RANKING: For the development of a FINAL RANKING, this evaluation criterion will be utilized by the County's Selection Committee to score and rank each proposal. Consultants are encouraged to keep their proposals concise and to include a minimum of marketing materials. Proposals must address the following criteria: STEP 2 Evaluation Criteria Maximum Points 1. Technical Proposal 30 Points 17-7159 Design Build Step—2 4 2. Guaranteed Maximum Price(GMP) 50 Points 3. Oral Presentation 20 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three(3)witnesses. Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1:TECHNICAL PROPOSAL(30 Total Points Available) The Proposer shall provide the appropriate information in accordance with the content requirements set forth in this RPS- Step 2. No reference to information or details of the Proposer's GMP shall be included in the Technical Proposal. Proposers are advised that, if selected, as part of the contract preparation phase, portions of the information contained in the Successful Proposal could be included or integrated in the Agreement as necessary. The County reserves the right to include(or exclude)any information submitted in the Proposal in the final Agreement. Section 1.0-Transmittal Letter and Executive Summary(8 pages max.) Together with its Proposal,the County must receive one original,fully executed Proposal Transmittal Letter from the Proposer acknowledging, among other things, that the Proposer has completely reviewed, understands, and agrees to be bound by the requirements of this RPS - Step 2 including all addenda. The transmittal letter shall also clearly note receipt of all addenda(by addenda numbers) and shall list the principal contact person for the Proposer,their phone number,email address,and street address. The Proposal Transmittal Letter shall be executed by a representative of the Proposer who is empowered to sign it and to commit the Proposer to the obligations contained in the Proposal. If the Proposer is a partnership, the Proposal shall be signed by one or more of the general partners. If the Proposer is a corporation, an authorized officer shall sign his or her name and indicate his or her title beneath the full corporate name. Anyone signing the Proposal as an agent shall file with it legal evidence of his or her authority to execute such Proposal. The Proposer shall submit a Project Executive Summary of the key aspects of the Proposal. The Project Executive Summary should briefly describe the Proposers understanding of the County's goals and objectives for the Project,provide notification of any changes to the Proposer's key team members,the Proposer's design-build delivery plan, an overview of the design and construction plans, noise and odor abatement, management of construction impacts to surrounding community,coordination of construction to minimize impact to maintenance of operations, construction traffic control plan, site security plans, public outreach concepts, innovative approaches to project design and/or delivery, demolition and restoration, and other significant aspects of the Proposal. Small scale graphics and architectural renderings of the new and restored site may be incorporated into the Project Executive Summary within the specified page limitations. Section 2.0—Project Team Approach(10 pages max) This section of the Proposal shall describe the proposed approach the Proposer's Project Team will utilize to address all facets of the project.A written overview should outline team aspects of overall delivery of this project, addressing the team's approach to management, staffing and execution of the project with consideration given to the location of key resources to accomplish the work.This section should include details on how the design-build teams will address the significant personnel resources to complete the design and construction of the project and within the proposed schedule. The Proposer should illustrate to the County how resources will be assigned and managed to meet each phase and each major element of the project. A detailed project schedule should accompany the information provided to outline the major tasks, relationships between the tasks, the resource allocations by task,and considers all elements and requirements outlined in the Design Criteria Package and this RPS—Step 2. The Proposal shall include a Project Critical Path Method (CPM) schedule that presents the major activities necessary to implement the D-B Project. The schedule should commence with the Notice to Proceed with Design Date and extend to Final Completion, including distinct design, permitting, procurement, construction, etc. The Proposer should indicate proposed task start and finish dates and key interim milestones. Proposers shall also 17-7159 Design Build Step—2 5 identify anticipated County actions and suggested County review periods during design. Proposer should discuss items that may impact the critical path and how these items will be mitigated. Proposers should recognize that the information provided in RPS— Step 1 was used as a basis for short-listing Proposers. Therefore, any changes in any information in the Proposer's submittal including but not limited to personnel, subcontractors, partners, and their personnel or financial capability of the Proposer, found to be unacceptable by the County may result in disqualification of the Proposer, or a deduction in points as deemed appropriate. Therefore, changes to the Proposer's project team, particularly the proposing entity, subcontractors, and personnel, unless it is viewed by the County as an enhancement to the Project Team,shall not be allowed in the step except for extenuating circumstances, such as corporate takeovers, buyouts, and other unforeseen changes. If extenuating circumstances cause a change to the Proposer's team following shortlisting,the change must be clearly identified in Section 3 of the Proposal, with a clear and complete explanation. Proposers may enhance their teams at any time prior to submission of Proposals by adding additional personnel and subcontractor members. Information on additional personnel will be included in the page limit for Section 3. Section 3.0-Technical Information(no page limit) This section shall present the technical aspects of the Proposer's plan to implement the Project. The project design and construction plans shall be in sufficient detail so that the County can ascertain the Proposer's ability to comply with,the RPS—Step 2,including the Design Criteria Package and applicable regulatory requirements and industry standards. Proposal text, which provides an explanation of a rationale behind the design, including descriptions of the benefits of the proposed design shall be provided in narrative sections of the Proposal. The Proposer shall provide a clear and detailed description of the Project. All major components shall be described, including all infrastructure, site development, mitigation (if applicable), demolition and repurposing and any enhancements, access roads, and elements to address community impacts and permit requirements, as noted throughout the RPS. The Proposer shall outline all technical elements that shall be included in order to demonstrate compliance with the County standards and operational requirements. Enhanced technical features that meet the Design Criteria and that the Proposer feels enhance the value of the proposed Project,shall be described in this section of its Proposal. EVALUATION CRITERIA NO.2:GUARANTEED MAXIMUM PRICE(50 Total Points Available) A Proposal submitted in response to this RFP-Step 2 shall contain a Guaranteed Maximum Price that fully conforms with and satisfies the format and content requirements described herein and on Guaranteed Maximum Price Form. The Guaranteed Maximum Price must be submitted separately in a sealed envelope and mail to: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST,BLDG C-2 NAPLES,FL 34112 ATTN:EVELYN COLON,PROCUREMENT STRATEGIST 17-7159 DESIGN BUILD GOLDEN GATE BOULEVARD 4-LANE, FROM WEST OF 20th STREET EAST TO EAST of EVERGRLADES BOULEVARD, INCLUDING DRAINAGE TO THE FAKA UNION CANAL EVALUATION CRITERIA NO.3:ORAL PRESENTATION(20 Total Points Available) All proposers invited to participate in this RPS—Step 2 will provide a thirty(30)minute oral presentation to the selection committee and allow for a fifteen(15)minute questions and answer period after. The content of the oral presentation must be applicable to the submittal for this step with no disclosure of the total Guaranteed Maximum Price. The proposer can discuss how the GMP was obtained; however, the final amount will be revealed at the time of scoring. 17-7159 Design Build Step—2 6 Attachment A DESIGN& CONSTRUCTION CRITERIA PACKAGE REQUEST FOR QUALIFICATIONS DESIGN-BUILD SERVICES FOR 17-7159 DESIGN-BUILD OF THE GOLDEN GATE BOULEVARD 4-LANE ROAD PROJECT. 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, if necessary, for: • 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 Southwest Florida Water Management District Big Cypress Basin (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. 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 from West of 20th Street East to East of Everglades Boulevard, including the bridge over Miller Canal (Bridge#034028) and the drainage system to the Faka Union Canal. The project begins at the beginning of the four/two-lane transition West of 20th St. The project terminus is the Everglades Boulevard intersection, including all required tapers East of the intersection, which shall comply with the latest FDOT Specifications and MUTCD manual requirements. FDOT standard tapers East of the intersection are included, as well as drainage system into the Faka Union Canal. All the right-of-way, from West of 20th Street East to East of Everglades Boulevard has been acquired by Collier County. Acquisition of the remaining portion needed for drainage construction East of Everglades Boulevard to the Faka Union Canal is scheduled (but not guaranteed)to be completed by December 31st, 2017. A Notice to Proceed(NTP)shall not be granted to the DB firm until after all right-of-way has been acquired. B. Purpose The County is requesting Technical & Price Proposals from interested firms for Design-Build services that will include the final design, permitting and construction of Golden Gate Boulevard 4-Lane, from West of 20th Street East to East of Everglades Boulevard, including drainage to the Faka Union Canal. 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. 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, muck, buried vegetation and debris 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,buried vegetation,debris or any other unsuitable soils. c. The DB shall incorporate project specific requirements that include,but are not limited to: i.Roadway: — Plan Type:Plan/Profile — Typical Section: Design will provide a four-lane roadway within a four-lane urban roadway section, including bike lanes, sidewalks, street lighting,hardscape,and utilities. — Landscaping Soil: DB shall provide adequate landscaping top soil along the median for future County use. — Limits: Golden Gate Boulevard, from 20th Street to east of Everglades Boulevard, a distance of approximately 7,100 feet of new roadway, plus roughly 5,200 feet of ditching necessary to drain water into the Faka Union Canal. — Major Intersections/Interchanges: 20th Street, 22nd Street and Everglades Boulevard will require additional plan sheets. — Coordination with Other Design Consultants:As needed. — Variations/Exceptions: As needed per current site conditions. — Traffic Control Plans: Typical Sections,Detail Sheets and Plan Sheets on phasing. — Maintenance of Traffic and Project Information: Design Build Firm shall produce MOT Plans that will be implemented per the latest FDOT Standards, including but not limited to, temporary signalization as needed at Everglades Boulevard intersection and message boards throughout the duration of construction activities. Design Build Firm shall maintain project information signs thru the entire duration of the project. Project information signs shall comply with FDOT Standard Specifications for Road and Bridge Construction Section 102- 9.4 and all applicable FDOT Design Standards. — Driveways: It is expected that new driveways have or will be added between the time of completion of 60% drawings and project award to the Design Build Firm. The Design Build Firm shall update and address all existing driveways during the design stages. — Concrete Sidewalks: Six(6)inches thick,per current FDOT Specifications. — Turning Lanes: Design Build Firm shall consider the use of offset turning lanes where applicable. — Bus Shelters: The County has identified at least two bus shelters that will need to be removed and replaced under the County's "Cat-Bus" specification. The Design Build Firm shall verify the total number of bus shelters existing within the construction limits, procure building permits for each shelter and proceed to their replacement paying special attention to the latest lightning protection standards. — Mail Boxes: Must be addressed by the Design Build Firm and relocated through close coordination with the Post Master and the County. — Grave/Car Accident Markers: Design Build Firm shall relocate these markers by following County's policies, as needed. ii.Drainage and Utilities. Utility relocation design/modification will be a part of this scope of services. The Consultant will: 1. Coordinate with all Utility Owners on this Project, which include, but not limited to, City of Naples,FPL, Collier County Traffic Operations, Collier County Public Utilities and others. 2. Identify needs to relocate,modify and/or leave in place. 3. Design relocation/modification as necessary of County Utilities, such as water, sanitary sewer, storm sewer,reclaimed water, etc. 4. Provide Utility Relocation Schedules in the construction contract provisions. 5. The DB shall notify, coordinate with, and obtain relocation schedules from all utility providers located within the project limits. The stormwater system will be designed to meet the permitting requirements of all permitting agencies. Stormwater system will consider best management practices (open, closed, ditches, ponds, exfiltration, etc.) or a combination thereof, within the existing right of way. If the County determines that runoff cannot be economically treated within the existing right of way and directs the Consultant to design off-site ponds, that additional design will be part of this Scope of Services. Pond vegetation (i.e. cat tails or any other foliage or shrubbery) shall be removed by Design Build Firm from any existing or recently constructed pond as a condition to receive final payment. There are at least three existing cross drains within the footprint of this project. Pre-existing cross drains will have to be removed during construction activities. 2. Design Services for Final Design,Permitting and Construction of 2-lane Bridge a. The DB shall provide final 4-lane design and construction services for bridge #034028 (Miller Canal) 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%design package. The DB shall implement the following basic items during design and construction phases: • The Design-Build Firm shall determine whether the resistance factors used for pile design will be based on static/statnamic load testing. Prepare a Technical Special Provision (TSP) for tests other than the Modified Quick Test, such as Osterberg Cell Load Test or Statnamic Load Test. For Osterberg Cell Load Tests use the same loading and unloading intervals, as well as the same loading times specified for the Modified Quick Test. Comply with the instrumentation requirements of 455- 2.4. Before the resistance factors for static/statnamic load testing may be used for pile foundations in any area of the Project, a minimum number of one (1) successful load tests must be performed in a representative location of that area. The Design-Build Firm shall be responsible for the following: 1. Selection of pile type and size. 2. Selection of test pile lengths, locations and quantity of test piles. 3. Selection of pile testing methods. 4. Determining the frequency of such testing unless otherwise stated herein. 5. Performance of the selected test pile program, including dynamic load test personnel and equipment. The County may observe the installation of test piles and all pile testing. 6. Preparing and submitting a Pile Installation Plan for the County's acceptance. 7. Selection of production pile lengths. 8. Development of the driving criteria. 9. Driving piles to the required capacity and minimum penetration depth. 10. Inspecting and Recording the pile driving information. 11. Submitting Foundation Certification Packages. 12. Providing safe access, and cooperating with the County in verification of the piles, both during construction and after submittal of the certification package. • The Design-Build Firm shall be responsible for the identification of and coordination with, vibration sensitive sites impacted by the Work for the duration of the construction period. The Design-Build Firm is responsible for evaluating the need for, design of, and the provision of any necessary precautionary features to protect existing structures from damage, including, at a minimum, selecting construction methods and procedures that will prevent damage. The Design-Build Firm shall produce a Settlement and Vibration Monitoring Plan(SVMP)as part of the 90%plans submittal and update the SVMP throughout the Construction Period. The Design-Build Firm is responsible for establishing maximum settlement and vibration thresholds equivalent to or lower than the Florida Department of Transportation Specification requirements for all construction activities, including vibratory compaction operations and excavations. Submittals for Settlement and Vibration Monitoring Plan (SVMP) shall include the following as a minimum: i. Identify any existing structures in addition to those identified that will be monitored for vibrations during the construction period. ii. Establish the maximum vibration levels. The maximum vibration levels stated for existing structures shall not be exceeded. iii. Identify any existing structures in addition to those identified that will be monitored for settlement during the construction period. iv. Establish the maximum settlement levels for the existing structures that must not be exceeded. The maximum settlement level stated shall not be exceeded. v. Identify any existing structures in addition to those identified that require pre- construction and post-construction surveys. The County will perform the review of Vibration and Settlement submittals in accordance with Florida Department of Transportation Specifications. • New and pre-existing bridge rails should be completed or refurbished using current FDOT standards. • The County may require a peer review process for structural bridge design. 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 the project, 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, muck, buried vegetation and debris 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,buried vegetation, debris 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 for Construction(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 identify needed permits, prepare all applications, obtain County's approval on decisions or modifications to permits, allow for County's review prior to submittal of applications and ultimately obtain all necessary permits. 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. Retaining Walls Standard Gravity walls will be utilized, where appropriate. Structural walls are not anticipated and will be considered an additional service if they become necessary. 6. Miscellaneous In order to provide for the turning movements at intersections, it may be necessary to extend existing box culverts on side roads. Other miscellaneous structure services could include culvert extensions, foundations,mast arms, lighting,and barrier walls as determined during design. 7. Signing and Pavement Markings The need, number and locations of sign structures; i.e., cantilevers, overhead, etc., signing and pavement markings shall be determined during the design process. 8. Signals&Lighting Intersections: The Consultant will design modifications to all existing Signal Systems to adapt them to the proposed improvements using current Collier County Specifications and MUTCD as guidelines. Existing traffic signalization at Everglades Boulevard shall be upgraded to mast arm with pedestrian crossing buttons on all directions. Provide an inductive loop detection system. All Traffic signal design requires the approval of Collier County Traffic Operations Chief Engineer. The existing roadway lighting level will be retained. The Consultant will produce a lighting justification report to determine the need for additional luminescence and design modification as necessary. Design must include one power meter for each street signal and power pole. Collier County Signal and IT Interconnect Conduit shall be designed into this facility. 9. Landscape Architecture Planting Plans:Landscape design is not a part of this scope of services. Irrigation Plans: Irrigation design is not a part of this scope of services. Hardscape Plans: The Consultant will provide design for irrigation conduit and brickwork in the medians. The DBF will coordinate with Pamela Lulich in the Road Maintenance Division prior to installing brickwork or irrigation conduits. 10.Survey Design Survey: The Consultant will provide Topographic Surveying. 11.Mapping Control Survey Map The Consultant will provide Control Survey Mapping. 12. Geotechnical The DB will provide borings and laboratory testing of soils in accordance with FDOT guidelines for roadway, structures, ponds, lighting, etc. The DBF shall be aware that rock is located at shallow depths within this general geographic area. The excavation for drainage structures, mast arm foundations, light poles foundations, stormwater pond, retaining wall structures, bridge foundations, and utilities may be difficult. Therefore, the DBF should consider the increased cost of all the underground work activities while preparing the bids. No extra compensation or time extension will be allowed for additional work directly associated with the splitting, excavation, crushing, and disposal, replacement of displaced volume of extracted rock material with fill material or any special handling due to the presence of rock. 13. Specifications Package The Consultant will prepare the technical specifications package for all items of work that is not included in the FDOT standard specifications for road and bridge construction, latest edition. 14. Project Schedule The Consultant shall provide a detailed project activity/event schedule for County and Consultant activities required to meet the completion date for design of XX/XX/XX. Additional specific scheduling requirements are: The schedule shall indicate, at a minimum, submission dates for Phase I and II plans(90%and 100% plans), and all other required submittals. The schedule shall provide minimum twelve-month duration to allow for right of way acquisition. The 90% plans shall not be submitted prior to obtaining a notice of intent to permit from SFWMD. The 100%plans shall not be submitted prior to obtaining a notice of intent to permit from the Army Corp of Engineers. The schedule shall reflect that time is of the essence. The Consultant shall submit monthly updates of the project schedule with their invoice for payment. The schedule shall be provided in Microsoft Project. At the 90%design stage an Independent Peer Review will be conducted.The Consultant shall submit a Construction Schedule in Microsoft Project along with the plans at this stage of design. The Construction Schedule will be updated for submittal again at 100%design stages. 15. Submittals All maps, plans and designs are to be prepared with English values in accordance with all applicable current County and FDOT manuals, memorandums and guidelines. All design files shall be submitted in electronic format that will be compatible with both, PDF and AutoCad programs. The Consultant shall furnish a camera-ready set of signed/sealed plans and specifications to the County at Phase IV completion. A set of signed/sealed "As-Built" plans for construction per current FDOT standards shall be delivered to the County, as well as a set of signed/sealed plans to the County Attorney's office for use in court. All electronic (digital) files of final plans and specifications will be submitted to the County on CD or memory sticks. 16. 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 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. 17. 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 control/quality assurance program. Final acceptance of the project and quality assurance will be provided by the County and based on the DB's certifications,environmental permit close-out requirements, pile driving certifications, signed and sealed as-built documentation and all other required close out documents. 18. 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. 19. 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. 20. 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. 21. 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. • The DB will appoint its own Public Information Officer (PIO) who will maintain continued contact with the community during the design and construction phases. • Public involvement includes communicating to all interested persons, groups and government organizations information regarding the development of the project. • 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 two (2) Public Information Meetings, which shall be conducted by the DB. The first meeting shall take place between 60% and 90% design, with the last one being a Construction Kick-off Meeting. The DB shall prepare and send notification of said meeting to all parties on the appropriate mailing lists. • In addition,the Consultant and County staff will meet with civic groups and others on an individual basis, as needed, to discuss the project. The Consultant shall anticipate participation in four additional meetings for this purpose. This work is to be included in the Scope of Services. Prepare presentation exhibits for use as visual aids during all public meetings. • Erect two (2)project signs throughout the project area indicating the name of the project, project descriptions,and contact information. Project information signs shall comply with FDOT Standard Specifications for Road and Bridge Construction Section 102-9.4 and all applicable FDOT Design Standards. • 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 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. 0 0 ; 17 .41 -5..*---" ajeh S. Ah d, License o: PE63300 Da e 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 RPS 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project. NOW, THEREFORE, if the Owner shall accept the RPS 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 RPS, 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 RPS 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 EXHIBIT C—Price Proposal Page Include in Separate Sealed Envelope with Technical Proposal Package Collier County PRICE PROPOSAL FORM SOLICITATION: RPS 17-7159 PROJECT DESCRIPTION: Design-Build of the Golden Gate Boulevard 4-Lane Road Project. BASE Proposal PROPOSED CONTRACT TIME: Days Substantial; Total Days(to Final) Item Description Unit Quantity Price Design-Build LS 1 TOTAL LUMP SUM PRICE 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 in Separate Sealed Envelope with Technical Proposal Package Coter County Email: evelyncolon@colliergov.net Adrttinistrative Services Department Telephone: (239)252-2667 Procurement Services Division FAX: (239)252-2810 ADDENDUM 1 Memorandum Date: September 5, 2017 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum# 1 Solicitation# and Title 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project The following change is issued as an addendum for the referenced solicitation: PROPOSAL OPENING September-14404-7 September 18,2017 at 3:00 P.M. DAY/DATE/TIME: 10. DELIVERY OF PROPOSALS 10.1 All proposals are to be submitted before 3:00 P. M., Naples local time, on or before Ste, 241 September 18,2017 the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Addendum 1 Revised:4/15/10 1 Gotei'County Email: evelyncolon@colliergov.net Administrative Services Department Telephone: (239)252-2667 Procurement Services Division FAX: (239)252-2810 ADDENDUM 2 Memorandum Date: September 13, 2017 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum#2 Solicitation#and Title 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project The following change is issued as an addendum for the referenced solicitation: PROPOSAL OPENING September 22,2017 at 3:00 P.M. DAY/DATE/TIME: 10. DELIVERY OF PROPOSALS 10.1 All proposals are to be submitted before 3:00 P. M., Naples local time, on or before mer-t8, 2017 September 22,2017 the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Addendum 2 Revised:4/15/10 1 Clter County Email: evelyncolon@colliergov.net Administrative services Department Telephone: (239)252-2667 Procurement Services Division FAX: (239)252-2810 ADDENDUM 3 Memorandum Date: September 18, 2017 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum# 3 Solicitation#and Title 17-7159 Design-Build of the Golden Gate Boulevard 4-Lane Road Project The following change is issued as an addendum for the referenced solicitation: PROPOSAL OPENING _•. • - , _! : :!! '.''.September 29,2017 at 3:00 P.M. DAY/DATE/TIME: 10. DELIVERY OF PROPOSALS 10.1 All proposals are to be submitted before 3:00 P.M.,Naples local time,on or before , September 29, 2017 the Collier County Procurement Services.Division Online Bidding System website: www.colliergov.net/bid. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Addendum 3 Revised:4/15/10 1 EXHIBIT B INSURANCE AND BONDING REQUIREMENTS Insurance i Bond Type Required Limits Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements ® Employer's Liability $100,000 single limit per occurrence ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, 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. ® Automobile Liability $500,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Autom obile Included ❑ 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 $ — Per Occurrence ® Professional Liability $1,000,000 Per claim & in the aggregate ❑ Project Professional Liability $ — Per Occurrence Page 27 of 45 17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" Valuable Papers Insurance $ Per Occurrence Technology Errors and Omissions $ Per Occurrence Cyber Coverage $ Per Occurrence Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 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. 9. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® Thirty (30) Days Cancellation Notice required. Page 28 of 45 "17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" EXHIBIT C PROJECT SCHEDULE (following this page) Page 29 of 45 17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" 0 .t3 .3 -1 e o w 1 8a e Q cc wn J,,.° -.4 m L ,a..o• .. E $ m ` g= 8m m .' €- 8 to t ' 13 °m . 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Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive: (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens,claims,security interests and encumbrances(except such as covered by Bond acceptable to OWNER);(3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due, and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature• Date: I Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name. r Signature r Date. J Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name. Signature Date: I Page 30 of 45 "17-7159.Design-Build Golden Gale Boulevard 4-Lane.East of Wilson Boulevard" 611 EXHIBIT D-2 SCHEDULE OF VALUES MST D(Continued( SCHEDULE OF VALUES Pr.lea Nem: Prei.d Member. D.R. Pmol Ti: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 10% _% TOTAL MUMMER VALUE MATERIALS COMPLETEOCOIMLETE TO AM REMADE REVENGE RETARUDE PREMOUSAPPLICATIDNS THIS &STORED irwemrr.r) M lIIELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS Explanation far the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue car into play.If this happens,all Information up to the date of the%change in retainage is placed in the This Date column.Information after that date is placed in the Since Date column.This states what has happened since the charge in retainage. Page 31 of45 "17-7159,Design-Build Golsen Gate Boulevard 4-Lane,East of Wilson Boulevard" Ajax Paving Industries of FL,LLC Date: 4/12/2018 RPS 17-7159 Design Build Golden Gate Blvd 4 Lane East of 18th to Everglades Blvd SCHEDULE OF VALUES Item Item Qty U/M Price %of No. Description Contract A Engineering Services A.1 Engineering Services/Plans A.1.1 Design Management 1 LS 216,508.50 1.0737% A.1.2 Roadway,Drainage&MOT Plans 1 LS 819,185.90 4.0623% A.1.3 Structures Plans 1 LS 42,861.00 0.2125% A.1.4 Utility Coordination 1 LS 32,740.50 0.1624% A.1.5 Environmental Services 1 LS 72,754.50 0.3608% A.1.6 Signing&Pavement Marking Plans 1 LS 39,704.50 0.1969% A.1.7 Signalization 1 LS 32,252.00 0.1599% A.1.8 Public Involvement Support 1 LS 64,859.60 0.3216% A.1.9 Subsurface Utility Investigation 1 LS 13,000.00 0.0645% A.1.10 NPDES/Dewatering Permits 1 LS 30,940.00 0.1534% A.1.11 Post Design Services 1 LS 196,015.60 0.9720% A.2 Geotechnical Services A.2.1 Field Work,Laboratory,Report 1 LS 46,186.40 0.2290% A.3 Engineering Survey Services A.3.1 Design Field Investigation 1 LS 58,968.00 0.2924% A Engineering Services Subtotal 1,665,976.50 8.2615% B CQC B.1 CQC 1 LS 157,500.00 0.7810% B CQC Subtotal 157,500.00 0.7810% C Mobilization C.1 Mobilization 1 LS 1.989.789.06 9.8673% C Mobilization Subtotal 1,989,789.06 9.8673% D _Maintenance of Traffic D.1 Maintenance of Traffic 1 LS 421,860.92 2.0920% D.2 Temp.Barrier Wall 1 LS 30,187.50 0.1497% D MOT Subtotal 452,048.42 2.2417% E Erosion Control E.1 Erosion Control Set-up&Maintenance 1 LS 81,322.50 0.4033% E Erosion Control Subtotal 81,322.50 0.4033% F Roadway F.1 Clearing&Grubbing F.1.1 Clearing&Grubbing 1 LS 601,737.14 2.9840% F.2 Earthwork F.2.1 Excavation 1 LS 1,256,863.02 6.2328% F.2.2 Embankment 1 LS 1,885,294.54 9.3491% F.3 Stabilization F.3.1 Stabilization 1 LS 233,861.99 1.1597% F.4 Optional Base F.4.1 Optional Base Roadway 1 LS 1,607,519.11 7.9717% Page 1 of 2 Ajax Paving Industries of FL,LLC Date: 4/12/2018 RPS 17-7159 Design Build Golden Gate Blvd 4 Lane East of 18th to Everglades Blvd SCHEDULE OF VALUES Item Item Qty U/M Price % of No. Description Contract F.5 Milling F.5.1 Milling Roadway 1 LS 27,953.75 0.1386% F.6 Superpave F.6.1 Superpave Traffic Level C 1 LS 1,270,957.50 6.3026% F.6.2 Miscellaneous Asphalt 1 LS 20,554.75 0.1019% F.7 Asphaltic Concrete Friction Course w/PG 76-22 F.7.1 FC 9.5 w/PG 76-22 1 LS 681,598.10 3.3800% F.8 Landscaping&Sod F.8.1 Grassing and Sod 1 LS 320,775.00 1.5907% F.8.2 Landscaping/Hardscape/Bus Shelters 1 LS 115,106.25 0.5708% F.9 Concrete F.9.1 Curb and Gutter&Traffic Separator 1 LS 530,160.88 2.6291% F.9.2 Sidewalk&Driveway 1 LS 718,200.00 3.5615% F.9.3 Gravity Wall 1 LS 169,344.00 0.8398% F.10 Guardrail F.10.1 Guardrail Work 1 LS 49,908.60 0.2475% F.11 Handrail F.11.1 Handrail 1 LS 34,952.40 0.1733% F Roadway Subtotal 9,524,787.01 47.2332% G Drainage G.1 Storm Drainage System G.1.1 Storm Drainage System 1 LS 4,148,671.84 20.5732% G Drainage Subtotal 4,148,671.84 20.5732% H Bridge H.1 Miller Canal Bridge/Boat Ramp 1 LS 1,265,964.09 6.2779% H Bridge Subtotal 1,265,964.09 6.2779% I Signs and Pavement Markings I.1 Signs I.1.1 Signs 1 LS 94,861.98 0.4704% I.2 Pavement Markings I.2.1 Pavement Markings 1 LS 194,353.01 0.9638% I Signs and Pavement Markings Subtotal 289,214.98 1.4342% J Signalization J.1 Everglades Blvd Signalization System 1 LS 590,175.60 2.9267% 7 Signalization Subtotal 590,175.60 2.9267% CONTRACT SUBTOTAL 20,165,450.00 100.000% CONTRACT TOTAL 20,165,450.00 Page 2 of 2 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 S to be received. ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: Page 32 of 45 17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" EXHIBIT F-1 CHANGE ORDER Change Order Form Contract*: Change e: Purchase Order*: Project*: Contractor!Finn Name: Project Name: Project Manager Name Department aginal ContractVi ort Of av Amcurt Original BCC Accraail Cats,Agency Item a CLnert BCC Accsovec Amount Last BC C Approval D SEE, %-.aerica Item. Currart Cvie act'Wors Order Arnc,rt SAP Contract Evoirsticn Data:;htasto.? Dolby.Arrcunt cf this Change *DIV 3' Total Charge from aginalAmo,rt Re.ised C or tractVI ori. Orae- TCt31 S DOD *DIV 3' Cntinge from Carom BCC Approved Arrcurt Currulad.e Granges S 3 03 riDIV'D' Crenae from CLir ert Anawrt Completion Date,Description of the Taskls)Change,and Rationale for the Change Notice to Proceel OriginalLast Approved Revised Date Date Completion Da= Date rs:^.rca.. PofDays Added Select Tasks 0 Add new task(s) 0 Delete task's) 0 Change task(s) 0 Other,see wool Provide a response to the following:t.)detailed and specificexplanation!rationale of the requestedchangelsi to the taskis)and!or the additional days added(if requested);2.)wily this change was not included in the oiginal contract:and,3.1 describe the impede this change is not processed. ,.., r '-an:re D_s; = fat sons :w•A �.t. Prepared by Date. roject Manager Name and Department) Acceptance of this C rarge Order shag constitute a modificaion to contras work order iyentdda above and witi be subject to UP*same terms and condaioers as contained a the contract work ceder ecicated above.as fully as if the same were stated in this acceptance. The adjastmern.if any,tote Contras shall constisrte atoll and final settlement of arty and at owns of the Cornract r Vendor;Consultant: Desgr Professional arising out of or related toil,*change set forth herein,including claims for.upas and delay costs. AcceFted by: Dale: (Contractor r Vendor`Cors,ria rr.Des gn Professroral and Name of Finn d protect applicable; Approved by: DEC: (Desgr,Professore a Name o!Firm.4 project aPPlosblel Approved by: Date (Procurement Profess,.a Page 33 of 45 17.7759,Design-Build Golden Gale Boulevard 4-Lane,East of 1.ViIson boulevard' EXHIBIT F-2 WORK DIRECTIVE CHANGE CONTRACT#/PROJECT NAME: CHANGE# DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER/DESIGN PROFESSIONAL: 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 Page 34 of 45 "17.7159,Design-Build Golcen Gate Boulevard 4-Lane,East of Wilson Boulevard" C.,} EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: Page 35 of 45 '17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" CONTRACT OR: 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 Page 36 of 45 "17-715Y,Design-Budd Golcen Gate Boulevard 4-Lane,East of Wilson Boulevard" EXHIBIT H 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 Contact Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth it 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. Ail 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) Page 37 of 45 "t 1-l1b9.Design-Build Golden Gate Boulevard 4-Lane,East of Mison Boulevard" EXHIBIT I-I PUBLIC PAYMENT BOND Bond No013129430 Contract No. 17-7159 KNOW ALL MEN BY THESE PRESENTS: That Ajax Paving Industries of Florida, LLC . as Principal, and Liberty Mutual Insurance Company , as Surety, located at 175 Berkeley Street, Boston, MA 02116 (Business Address) are held and firmly bound to — Collier County Florida as Oblige in the sum of *SEE BELOW ($20.105.450.00-- ) for the payment whereof we bind oume1vws, our heirx, exeoutors, personal represenbtivea, successors and assigns, jointly and severally. 2(Z,w^ WHEREAS, Principal has entered into a contract dated as of the_day of /lA\y .3o/e with{}b|i8aforDeoign'Bui|d (�o|den (3ateBou|evard4'Lane. EuetofVVi|sonBou|evard � 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 |obor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void: otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF. the above parties have executed th is instrument this 22nd day of_ May 20 18 . the name of under-signed representative, pursuant to authority of its governing body. *Twenty Million One Hundred Sixty-five Thousand Four Hundred Fifty& NO/1UU—' ponosomm '1/'r`5o,Design-Budd Golden Gate Boulevard 4-Lone.East mrwmu"Boulevard' Signe. -aled and d ered ' in thesence of: PRINCIPAL: , ° - 4r....0611,PC4';ear/Ai./ Ajax Paving Industries of FloridA'i • P Et if By: A 4 Witnesses as to -rincipal Name: FA t I 17-• Its: )))44/T ..• STATE OF FLog-ID 'i COUNTY OF S4 i.4 s 0T4 The foregoing instrument was acknowledged before me this 11)of 20 I8', by tII&U4kL A-• i+Oteititi , as sS!bb.A1JYZ of ,4T4' pAvi/V ,a_ r-l0/2-1bA corporation, on behalf of the corRoration. i she s personally kn9fin to me OR has produced 4,14 CP4I2SoAinLLy IWOU./iV as de ation and id id not)16) •/an oath. My Commission Expires: a/f 1/ / a (Signature of Notar ) esypio (15D ani el Sardel I a Notary Public S tate of Honda Name: -1)44/iaL /frl 4 My Comm Expires 04/12/19 0FOr Commission#FF 219684 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of F LOA-114 Commission No.: F/ ;•/ ATTEST: SURETY: Liberty Mutual Insurance Company (Printed Name) 175 Berkeley Street Boston, MA 02116 ° . • (248)519-140 II (Bsiriess Add ss) o • G •••.: (Authorized— Si nature) • • Nick Ashburn, Surety Account Manager Witness as to Surety Anne Barick, Attorney-in-fact (Printed Name) • • OR Page 39 al 45 '17-7159.Design-Build Golden Gate Boulevard 4-Lane.East of\Afton Boulevard" As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF Michigan COUNTY OF Oakland The foregoing instrument was acknowledged before me this 22nd of May 20 18 by Anne Barick ,as Attorney-in-fact of Liberty Mutual Insurance Company , Surety, on behalf of Surety, He/She is personally known to me OR has produced N/A(personally known) as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary +t+,11. 1;d:1,'� ,,, Name: Holly Nichols • • a (Legibly Printed) ,(AF4 FX df'FSEAL) f) «w Notary Public, State of Michigan V Q Commission No.: N/A ?, ? s HOLLY NICHOLS CJS ��` NOTARY PUBLIC, STATE OF MI 1),t. +' COUNTY OF MACOMB ' My Commission Expires Dec. 26,2022 Acting in the County of C')fiK LA N C Page 40 of 45 "17-7159,Design-Budd Golden Gate Boulevard 4-Lane.East of witson Boulevard' EXHIBIT 1-2 PUBLIC PERFORMANCE BOND Bond No. 013129439 Contract No. 17-7159 KNOW ALL MEN BY THESE PRESENTS: That Ajax Paving Industries of Florida, LLC , as Principal, and Liberty Mutual Insurance Company , as Surety, located at 175 Berkeley Street, Boston, MA 02116 (Business Address) are held and firmly bound to Collier County Florida ,as Oblige in the sum of Twenty Million One Hundred Sixty-five Thousand Four Hundred Fifty& NO/100--- (S 20,165,450.00--- ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the;-Y-NA day of r1A y , 20 I , with Oblige for Design-Build Golden Gate Boulevard 4-I ane. Fast of Wilson Boulevard in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat 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 Contr act. and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page at of 45 •i� '17-7159,Design-Build Golden Gate Boulevard 4-Lane,East of%Vilson Boulevard" 0 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to.Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige, IN WITNESS WHEREOF, the above parties have executed th is instrument this 22nd day,., of May , 20 18 , the name of each party being affixed and these presents duly signed by its undersig'-d representative, pursuant to authority of its governing body. Signe/ ealed and d- 'ered % in th- • esence of: PRINCIPAL: i�Il._ 411. .-lt�iii r.i Ajax Paving Industries of Florida;LLC , , q ,t .,fit —�h.r111144101" :� t3y: Witnesses as to Principal Name: I-1 I Cif/14 L ,4 14 O L Al , Its: p,Q.s 1 n 4N T STATE OF T.LO44DA COUNTY OF S424S07-/ � The foregoing instrument was acknowledged before me this � day of M 4 y -iii—Frby (lIcf/4hc r4• I+ 0A4N , as ))/L,6SIbkAir of A?qx "Ph VIA/( , a 1 LO L I D4 corpora ton, on behalf of the A.,14corporation. 'She is personally known to me OR has produced �4 Lp 1 A,soA/ALL as identification nd did (did nofj take an oath. 0 j)etit i) /lQU WN My Commission F plres: osY Pu� Daniel Sardella (Slgnatue oNtary) a o Notary Public State of Florida � i. �e My Comm.Expires 04/12119 ,Q / / ,Q ",4OFF1� Commission#FF 219684 Name: 1 /i/ hi. 4/2_ b G L 1 / (Legibly Printed) (AFFIX OFFICIAL SEAL) t- �1 Notary Public, State of l� CO /t t D A Commission No,: ,f,c 2-19 b e y Page 42 of 45 1 7-7159.Design-Build Golden Gate Boulevard 4-Lane,East of Wilson Boulevard" Ct:r°*\*) ATTEST: SURETY: Liberty Mutual Insurance Company (Printed Name) 175 Berkeley Street Boston, MA 02116 IV 1 h14-1411(i .-1,sor'-'1,:);... (B s)less Addreg) • 2,:- . ,,,,,. ,,, ,',:', • -.. • ' ....„ -.17.- ------- _He:"."--„......—ie--- ",, ' ••,. 4VT-,),-', Q-, - :,:-.1 .- : ,. : 0 ...' ,,,$:: /.... • .--, - .. _ (r harried Sig nture) '' .. r...) 1 Nick Ashburn, Surety Account Manager ,;:. • ';--,- #ttl..1,: -':- • "c": , • „ . ,t, • ..,,. Witness as to Surety Anne Barick, Attorney-in-fact - .,,• , -', •. * ,-,'J .• C"' - 't-, - , . • ' (Printed Name) .-." ,, *, - • A c', .' -... .. r "S':! OR As Attorney in Fact (Attach Power of AttOmey) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF Michigan COUNTY OF Oakland The foregoing instrument was aeknov.ledged before me this 22 day of May ,20 18 ,by Anne Barick .as Attorney-in-fact of Liberty Mutual Insurance Company .Surety.on behalf of Surety. He She is personally known to me OR has produced N/A(personally known) as identif cation and who did(did not)take an oath. I,I) Conintis,s ion Expires: . —6t"--k—c--a--"'t ec .-r—s•-----------91-----4--9--4))- ' 11111/,'1 ' ''-' ''' - (Signature of Notary) •,-.-,,,,,k",..„:, :', la,''1/.0 ' ''' ' '',`.., '''''.':•;° •:.*, 6',, . .;.,. - :4s:N'.'''',.'.. • A ''• ',4-• ''' '4, Name: Holly Nichols (Legihly Printed) F rot oil-1041:4: SEAL) :.-,7:v.-, 1. ,t,,, '. k, "A •:1 - Notar) HOLLY NICHOLS Public,State of Michigan VTARY PUBLIC,STATE OF MI ,-,.' -',/,-/A, "*.... ' •.--.7.,f- , Commission No.: N/A '',/;,•2 , ..''' f :,„\',-,` ..COUNTY OF MACOMB ,."!./t;itly`M / y Coirimission Expires Dec. 26,2022 t,k,ding in the County of Q/ <—'\t-' C Pago 43 of 45 '17 7153 Design-Buffd Go7O-eil Gate Boulevard 4-tarte,Easi ot Wtison saiiiime 0 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 herein stated. Certificate No.8011855 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation 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, Nick Ashburn;Anne Barick;Robert-D.Heuer;Pa.Of PatMr:;Hurley,Michael D.Lechner;Mark Madden;Richard S.McGregor;Holly Nichols;Jason Rogers; Edward J.Wood . all of the city of Troy ,state of Mt: : each individually if there be more than one named,its true and lawful attorney iri:-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as_its act and deedanyand all undertakings,bonds,recognizances and other:surety obligations:irrpursuance of these presents and shall be as binding upon the Companies as if they have been duly signed bythe:president and attested by the secretary of the Companies in their awn proper persons. IN WITNESS WHEREOF,this Power of Attorneyhaa-been subscribedby anrauthorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 15th day of February , 2018 , • t 7.:o iNs0 P oisuq yirrsimay Z ti' o ,12 go•° ,/i'' F< : . The Ohio Casualty Insurance Company i ,.5.- � m c � � 4 ° z 0 Liberty Mutual Insurance Company t p 1919 n >- o e Z D-2 1912 �T 1991 _; West American Insurance Company �i C4 * t' * * By: er7 L�4'1 s STATE OF PENNSYLVANIA ss David M.Carey,-Assistant Secretary i c COUNTY OF MONTGOMERY1 =la z On this 15th day of February , 2018,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v f tS d Company. The Ohio Casualty Company,and West American Insurance Company, and that he,as such, being authorized so to do,execute the foregoing instrument for the purposes >,0 p R therein contained by signing on behalf of the corporations by himself as a duly authorized offices L I co > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. 0 t 0, = sp. PAs, COMMONWEALTH OF PENNSYLVANIA Q D .a Q��atew {�, I Notarial Seal �/w . „ f T.�a�� r v f �" •s < V/-44%%(-) 7q cit—1 C.y is u° �1.T I Teresa Pastella,Notary Public - By: Z Oi OF Upper Merlon Twp.,Montgomery County Teresa Pastella,Notary Public 01 t — L. - d`PMy Commission Expires March 28,2021 3 t .4+ 0 �qpY� Member.Pennsylvania Association of Notaries a O t O t0 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ot c aj, Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: c C ttoo 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 O t 492, 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, Z.i O E 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 'a j E r 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 Ta < L.O CO 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 >S 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. C rc .Fs c 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 o L• 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 c O 6 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 O Z 0 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 executed such instruments shall be as:binding as if signed try the:president and attested by the secretary. `: 0 a i Certificate of Designation-The President of the Company acting pursuant to the Bylaws'cf the:Company,authorizes David•M.Carey Assistant Secretary to appoint such attorneys-in- II 'e fact as may be necessary to act on behalf of the Company make execute,seal,acknowledge:sandd 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 sutety bonds,shall be:valid.and binding upon the Company with the same force and effect as though manually afixed .. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The.Ohio Casualty Insurance:Company, Liberty Mutual insurance Company and:;West American Insurance Company do hereby certify that the original power of attorneys f::which::the foregoing is a full titre and cortest:copy of the Power of Attorney executed by said:"Companies, is in full force and effect and has not been revoked. ,s IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this22- ay of f ' 1 et ti 3 0` 20's18_ v:Ns msu ,.,iNsu f � v+ ... F` w r '� ,iiii a 1919 0 z 1912 3 ¢ 1991 3 y, �`++•� _ a' y z Renee C.L' j ssisteit Secretary y ti ' ' • • " c'-.' i---''r t f l ,• 531 of 750 LMS 12873 022017 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 "Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard" are accurate, complete and current as of the time of contracting. Ajax Paving Industries of Florida, LLC, •owSTR/F •� • rkPOq •• BY: / / � Ai)• AL`� TITLE: Michael A. Horan, Presider?f ' 2008 b' ;1. pR1aP '^ ',�'hI5ooeettttt��,0 DATE: May 1, 2018 Page 44 of 45 17-7159,Design-Build Golden Gate Boulevard 4-lane.East of Wilson Boulevard' EXHIBIT K LIST OF DESIGN PROFESSIONALS Stantec Consulting Services, Inc. Titles Ted Aiken, PE Stantec Project Principal Stephen Nichols. PE Design Quality Control Manager Philip Menke, PE Design Project Manager Juan Restrepo, PE Roadway Design Tim Vavra, PE Drainage Dominique Rudajev, PE Drainage Mohit Soni, PE, PMP Bridge Engineer Jeff Perry, AICP Transportation Planning John Maloney, PSM Survey & Mapping 1 Tom Trettis, CSE, PWS Environmental Kevin Mangan, PLA Landscape Architecture Ross Shillingford, PE Signing/Pavement Marking 0 �® ACDATE(MM/DDIYYYY) ‘44......----- CERTIFICATE OF LIABILITY INSURANCE 5/25/2018 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(les) 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, LLC A/C No.Ext): (248)519-1439 (a/c,No): (248)519-1401 1080 Kirts Blvd., Suite 500 Mass:dgriffiths@ghbh.com riffiths@g hbh.com RE INSURER(S)AFFORDING COVERAGE NAIC# Troy MI 48084 INSURERA:The Travelers Indemnity Co. A+XV 25658 INSURED INSURERB:LeXington Insurance Co., A XV 19437 Ajax Paving Industries of Florida, LLC INSURERc:ACIG Insurance Company A VIII 19984 One Ajax Drive INSURERD:Travelers Prop Casualty Co A+XV 25674 INSURER E:Greenwich Ins. Co. A XV 22322 North Venice FL 34275 INSURERF: COVERAGES CERTIFICATE NUMBER:18-19 All Lines Crystal 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD/YYYYI (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES 000 PREMISES(Ea occurrence) $ X XCU Coverage Included j X VTC2KC08A097342 6/1/2018 6/1/2019 MEDEXP(Anyoneperson) $ 5,000 X Contractual Liability PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X Fief LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO 1 BODILY INJURY(Per person) $ ALLOWNED SCHEDULED AUTOS AUTOS X I VTC2KCAP8A097354 6/1/2018 6/1/2019 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS I (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ 015681517 6/1/2018 6/1/2019 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A C (Mandatory in NH) WCA000004618 6/1/2018 6/1/2019 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 QT6308A099255 6/1/2018 6/1/2019 Leased/Rented $550,000 E Prof/Pollution Liability CPL742032504 6/1/2018 6/1/2019 Occ/Agg $5,000,000 1 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: Ajax #215815. 17-1759. Design-Build Golden Gate Boulevard 4-Lane, East of Wilson Boulevard. Widening Project. Collier County Board of County Commissioners, OR Board of County Commissioners in Collier County, OR Collier County Government is an Additional Insured for General Liability and Automobile Liability on a primary and non-contributory basis when required by written contract. 30 Day Notice of Cancellation (Except Non-Payment of Premium) applies in favor of Collier County Board of County Commissioners for General Liability, Automobile Liability, Workers Compensation and Umbrella Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. Naples, FL 34112 AUTHORIZED REPRESENTATIVE Richard McGregor/WEAL _ — .._ "...-- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401)