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#18-7474 (Mitchell & Stark)DESIGN -BUILD AGREEMENT between The Board of County Commissioners for Collier County Florida, acting as the governing Board of the Collier County Water Sewer District and Mitchell & Stark Construction Co., Inc. dated "NESA Interim Treatment Plant and Pipelines" #18-7474 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 CAO TABLE OF CONTENTS Article Name Page ARTICLE 1 CONTRACT DOCUMENTS.................................................................................................. I ARTICLE 2 CONTRACTOR'S SERVICES AND RESPONSIBILITIES..................................................2 ARTICLE 3 OWNER'S RESPONSIBILITIES...........................................................................................4 ARTICLE 4 CONTRACT AMOUNT.......................................................................................................... 5 ARTICLE 5 PERFORMANCE AND PAYMENT BOND.......................................................................... 5 ARTICLE 6 INSURANCE REQUIREMENTS........................................................................................... 6 ARTICLE 7 CONTRACT TIME AND LIQUIDATED DAMAGES.......................................................... 8 ARTICLE 8 INDEMNIFICATION............................................................................................................ 10 ARTICLE 9 CONSEQUENTIAL DAMAGES..........................................................................................10 ARTICLE 10 LAWS AND REGULATIONS............................................................................................11 ARTICLE 1 I INDEPENDENT CONTRACTOR...................................................................................... 12 ARTICLE 12 DISPUTE RESOLUTION................................................................................................... 12 ARTICLE 13 ASSIGNMENT.................................................................................................................... 12 ARTICLE 14 PERFORMANCE OF WORK AND REMEDY................................................................. 13 ARTICLE 15 FORCE MAJEURE.............................................................................................................13 ARTICLE 16 CHANGE IN LAW..............................................................................................................14 ARTICLE 17 TERMINATION FOR DEFAULT...................................................................................... 14 ARTICLE 18 TERMINATION FOR CONVENIENCE............................................................................16 ARTICLE19 DOCUMENTS..................................................................................................................... 16 ARTICLE 20 CONFIDENTIALITY..........................................................................................................17 ARTICLE 21 SEVERABILITY.................................................................................................................17 ARTICLE 22 PUBLIC ENTITY CRIMES................................................................................................ 18 ARTICLE 23 EXHIBITS INCORPORATED............................................................................................ 18 ARTICLE24 NOTICES.............................................................................................................................19 ARTICLE 25 CAPTIONS AND HEADINGS...........................................................................................19 ARTICLE 26 TRUTH IN NEGOTIATION CERTIFICATE.................................................................... 19 ARTICLE27 ENTIRE AGREEMENT......................................................................................................19 ARTICLE 28 SUBJECT TO APPROPRIATION...................................................................................... 20 ARTICLE 29 ORDER OF PRECEDENCE............................................................................................... 20 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 0 DESIGN -BUILD AGREEMENT This Agreement is made this [eday of Mor( k) , 2019 between Mitchell & Stark Construction Co., Inc., authorized to do business in the State of Florida (hereinafter called "Contractor") whose business address is 6001 Shirley Street, Naples, Florida 34109 and the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida, acting as the governing Board of the Collier County Water Sewer District (hereinafter called the "OWNER"), (collectively referred to as the "Parties"). WITNESSETH: WHEREAS, the Owner solicited for the provision of design and construction services related to the project as described in Request for Professional Services (RPS) #18-7474, "MESA Interim Treatment Plant and Pipelines," on that property located on 216.19 acres east of Immokalee Road and east of 39th Avenue NE, Naples, Florida 34120, hereinafter referred to as the "Project;" and WHEREAS, the Owner desires to contract with a single party to develop, design, and construct the Project; and WHEREAS, the Owner desires to engage the Contractor to perform services related to such work as described in Solicitation #18-7474 "NESA Interim Treatment Plant and Pipelines" in accordance with this Agreement; and WHEREAS, the Contractor and its sub -consultants and subcontractors are licensed in the State of Florida to provide all engineering and general contracting services required to develop, design and construct the Project; and WHEREAS, Contractor is willing and able to provide any and all services, labor, materials, and equipment necessary to construct the Project, to perform the Work and to bring the Project into full and complete operational status. NOW, THEREFORE, for and in consideration of the terms and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE 1 CONTRACT DOCUMENTS 1.1 The Contract Documents are comprised of the following and are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"): 1.1.1 This Agreement, the Exhibits described in Article 23 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating thereto. Page 1 of 64 "NESA Interim Treatment Plant and Pipelines" RPS 418-7474 0 1.1.2 The Basis of Design Documents, including the Owner's Project Criteria, Contractor's Proposal. 1.1.3 Construction Documents prepared and approved in accordance with Article 2 of this Agreement. ARTICLE 2 CONTRACTOR'S SERVICES AND RESPONSIBILITIES 2.1 CONTRACTOR shall perform, or arrange for the performance of all design and construction services, and provide all material equipment, tools and labor necessary to complete the Work described in and reasonably inferable from the Contract Documents, including but not limited to, engineering, surveying, hydro -geological, soils testing, procurement and construction, start-up, testing, training and warranty services ("the Work") for the OWNER's Project. 2.2 Design Professional Services 2.2.1 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-2, and 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. 2.2.2 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. 2.2.3 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. 2.2.4 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. 2.2.5 CONTRACTOR shall provide such descriptions and data as are required for obtaining approvals, permits, licenses, etc., of such governmental authorities having jurisdiction to review or approve the final design of the Project. Page 2 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 0 2.3 Construction Services 2.3.1 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 through 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 herein. 2.3.2 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. 2.3.3 CONTRACTOR shall coordinate the activities of all Subcontractors. If OWNER performs other work on the Project or at the site with separate CONTRACTOR's 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. 2.3.4 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 waste, 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. 2.3.5 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 regardless whether purchased directly by the CONTRACTOR or OWNER; 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. Page 3 of 64 "MESA Interim Treatment Plant and Pipelines" RPS #18-7474 2.3.6 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. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 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. 3.2 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. 3.3 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. 3.4 OWNER recognizes that CONTRACTOR's Services may unavoidably alter the existing site conditions and affect the environment in the work area. 3.5 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. 3.6 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. 3.7 OWNER shall, within seven (7) days of becoming aware of the 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. 3.8 CONTRACTOR shall be responsible for acquiring all permits that are part of the Work, as noted in Article 1 and Exhibit A-2. 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 Page 4 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 0 obtaining all other required permits. OWNER will apply for permits that the CONTRACTOR cannot obtain. ARTICLE 4 CONTRACT AMOUNT 4.1 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: 4.1.1 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 Services and Work (as that term is defined hereafter), a total guaranteed maximum lump sum of $77,653,700.00 (Seventy -Seven Million Six Hundred Fifty -Three Thousand Seven Hundred and 00/100) for the entire Project, including alternate bid items, Owner's allowance and allowance items #14 outlined in Exhibit A -l. 4.1.2 Owner's Contingency and Allowance. The Contract Amount includes Owner's Contingency, which is controlled by the Owner and available to defray expenses attributable to unforeseen circumstance relating to the construction and for added scope by the Owner. The allowance items identified in Exhibit A -I may be used per the general terms and conditions. ARTICLE 5 PERFORMANCE AND PAYMENT BOND 5.1 CONTRACTOR shall provide Performance and Payment Bonds, in the forms prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which is 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.fins.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. 5.2 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. Page 5 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 5.3 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. ARTICLE 6 INSURANCE REQUIREMENTS 6.1 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 $1,000,000 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 $1,000,000 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. 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. 6.2 OWNER and CONTRACTOR waive against each other and OWNER's separate CONTRACTOR'S, Design Consultant, Subcontractors, agents and employees of each and all of Page 6 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 CSO 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 CONTRACTOR's, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 6.3 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance 6.4 CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 6, 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). 6.5 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. 6.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE --The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 6.7 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. 6.8 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. 6.9 The CONTRACTOR and/or its insurance carrier shall provide thirty (30) days written notice to the OWNER of policy cancellation or non -renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 6.10 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 Page 7 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 Gp,O right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 6.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. ARTICLE 7 CONTRACT TIME AND LIQUIDATED DAMAGES 7.1 Time is of the essence in the performance of the Work under this Agreement. The Work is to be completed in segments and each segment will have 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. 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 Design Phase Commencement Date shall be at the sole risk of CONTRACTOR. 7.2 The Work shall be substantially completed within nine hundred (900) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) shall be the date certified by the OWNER, in its reasonable discretion, that construction is sufficiently complete and in accordance with the Contract Documents, so that OWNER can occupy or utilize the Work (or designated portions thereof) for the use(s) for which it is intended. 7.3 The Work shall reach final completion and be ready for final acceptance by OWNER within one - thousand (1000) calendar days from the Commencement Date (herein "Contract Time"). 7.4 OWNER and CONTRACTOR recognize that, since time is of the essence for this Agreement, OWNER will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should CONTRACTOR fail to substantially complete the Work within the time period noted above, OWNER shall be entitled to assess, as liquidated damages, but not as a penalty, $2,500.00 (two thousand five hundred and 00/100 dollars) 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. Page 8 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 a 7.5 CONTRACTOR agrees to promptly pay any and all fines and/or penalties that may be imposed upon Collier County by the State of Florida and/or any agency (or agencies) of the State of Florida arising as a result of CONTRACTOR's failure to substantially complete the scope of work within the time limits specified in this Agreement. CONTRACTOR is hereby authorized on behalf of Collier County to contest and/or otherwise dispute any and all such fines and/or penalties should any be threatened to be imposed. 7.6 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which OWNER may be responsible, in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR expressly acknowledges and agrees that it shall receive no damages for delay. CONTRACTOR's sole remedy, if any, against OWNER will be the right to seek an extension to the Contract 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. 7.7 The OWNER shall have the power to suspend all or any portions of the services to be provided by CONTRACTOR hereunder upon giving CONTRACTOR two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONTRACTOR'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Eight herein. 7.8 When any period of time is referenced herein by "days", the days shall be computed to exclude the first day and to include the last day of such time period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday in Collier County by Federal or Florida Law, each such day shall be omitted from the computation, and the last day shall become the next succeeding business day which is not a Saturday, Sunday or legal holiday in Collier County, Florida. A day shall be a legal holiday in Collier County only if the government of Collier County recognizes that holiday by giving that day off from work by most of its employees or the CONTRACTOR recognizes that day as a legal holiday and thereby gives the majority of its workers the day off from work. 7.9 For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the OWNER will count default days as "calendar days. 7.10 In the event CONTRACTOR defaults on any of its obligations under the Agreement and OWNER elects to complete the Work, in whole or in part, through another contractor or its own forces, the CONTRACTOR and/or its surety shall continue to be liable for the liquidated damages under the Agreement until OWNER achieves Substantial and Final Completion of the Work. OWNER will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the OWNER. 7.11 The OWNER has the right to apply any amounts due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR, as payment on such damages due under this Agreement in OWNER's sole discretion. Page 9 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 Civ 7.12 Notwithstanding anything herein to the contrary, the OWNER does not waive its right to damages due under the Contract by allowing the CONTRACTOR to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. 7.13 In the case of a default of the Contract by the CONTRACTOR and the completion of the work by the OWNER, the CONTRACTOR and his surety are liable for the damages under the Contract, but the OWNER will not charge damages for any delay in the Final Completion of the OWNER's performance of the work due to any unreasonable action or delay on the part of the OWNER. 7.14 The OWNER considers the Contract complete when the CONTRACTOR has completed in its entirety all of the work and the OWNER, in its reasonable discretion, has accepted all of the work and notified the CONTRACTOR in writing that the work is complete. The OWNER will then release the CONTRACTOR from further obligation except as set forth in his bond and except as provided in the Contract. 7.15 Recovery of Damages Suffered by Third Parties. CONTRACTOR shall be liable to OWNER to the extent OWNER incurs damages from a third party as a result of CONTRACTOR'S failure to fulfill all of its obligations under the Contract Documents. OWNER's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude OWNER from recovering from CONTRACTOR any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. ARTICLE 8 INDEMNIFICATION 8.1 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. 8.2 The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONTRACTOR, OWNER and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONTRACTOR. CONTRACTOR's obligation to indemnify and defend under this Article 8 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. ARTICLE 9 CONSEQUENTIAL DAMAGES 9.1 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. Page 10 of 64 "MESA Interim Treatment Plant and Pipelines" RPS #18-7474 0 ARTICLE 10 LAWS AND REGULATIONS 10.1 CONTRACTOR will comply with applicable federal, state and local laws and regulations. 10.2 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. 10.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with 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, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. 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. 3. 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. 4. 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. Page 11 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 ARTICLE 11 INDEPENDENT CONTRACTOR 11.1 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). ARTICLE 12 DISPUTE RESOLUTION 12.1 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. 12.2 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. 12.3 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. 12.4 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed- upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached at mediation to OWNER's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 12.5 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. ARTICLE 13 ASSIGNMENT 13.1 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 Page 12 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 a 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. ARTICLE 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 warrants to OWNER that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, CONTRACTOR shall correct it promptly after receipt of written notice from OWNER. CONTRACTOR shall also be responsible for and pay for replacement or repair of adjacent materials or Work, which may be damaged as a result of such replacement or repair. 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. ARTICLE 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, 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. Page 13 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 00P 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. ARTICLE 16 CHANGE IN LAW 16.1 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. ARTICLE 17 TERMINATION FOR DEFAULT 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 Schedule of Values; 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) allows any final judgment to stand against it unsatisfied for more than ten days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any then applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) 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 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, Page 14 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 ocko 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 the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Article 18 below. 17.6 The OWNER shall use all reasonable and diligent, good faith efforts to mitigate any of its damages against the CONTRACTOR. 17.7 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. Page 15 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 OCA0 ARTICLE 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, CONTRACTOR's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. ARTICLE 19 DOCUMENTS 19.1 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. 19.2 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, AutoCAD 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. 19.3 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. 19.4 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. Page 16 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 0 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. ARTICLE 20 CONFIDENTIALITY 20.1 CONTRACTOR shall treat as confidential property and not disclose to others, any information (including any technical information, experience or date) regarding OWNER's plans, programs, plants, processes, products, costs, equipment, operations or customers which may come within the knowledge of CONTRACTOR, its officers or employees, agents or consultants in the performance of this Agreement, including any data gathered and reports prepared by CONTRACTOR, without in each instance securing the prior written consent of OWNER. 20.2 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; Was in CONTRACTOR's possession prior to the disclosure thereof by OWNER to CONTRACTOR; d. Was independently developed by CONTRACTOR; or 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. ARTICLE 21 SEVERABILITY 21.1 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. 21.2 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. Page 17 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 CAD ARTICLE 22 PUBLIC ENTITY CRIMES 22.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." ARTICLE 23 EXHIBITS INCORPORATED The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A-1: Contractor's GMP Schedule Exhibit A-2: Contractor's Proposal, Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Exhibit B-2: Performance Bond Forms Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E-1: Change Order Form Exhibit E-2: Work Directive Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Truth in Negotiation Certificate The RPS #18-7474 "NESA Interim Treatment Plant and Pipelines" Step -One Design Criteria and Step -Two, including attachments, exhibits, and Addenda with attachments, are expressly agreed to be incorporated by reference and made a part of this Agreement. These complete contract documents are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Page 18 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 0010 ARTICLE 24 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: Michael P. Westhafer, P.E., Vice President Mitchell & Start Construction Co., Inc. 6001 Shirley Street Naples, Florida 34109 Telephone: 239-332-1632 Email: Mwesthafer2mitchellstark.com OWNER: Tom Chmelik, Director, Planning and Project Management Department Collier County Public Utilities Division 3339 Tamiami Trail East, Suite 303 Naples, Florida 34112 Telephone: 239-252-6213 Email: Tom.Chmelikgcolliercountyfl.gov 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. ARTICLE 25 CAPTIONS AND HEADINGS 25.1 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. ARTICLE 26 TRUTH IN NEGOTIATION CERTIFICATE 26.1 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONTRACTOR agrees to execute the required Truth -In -Negotiation Certificate, attached hereto and incorporated herein as Exhibit I 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. ARTICLE 27 ENTIRE AGREEMENT 27.1 This Agreement, and any attachments or other documents incorporated by reference herein, supersede any previous written or oral contracts or negotiations and this Agreement shall constitute the complete Agreement between the parties hereto and is subject to change only by an instrument in writing and signed by OWNER and CONTRACTOR. No third -party beneficiary is anticipated or intended by this Agreement. Page 19 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 OC80 27.2 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. ARTICLE 28 SUBJECT TO APPROPRIATION 28.1 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. ARTICLE 29 ORDER OF PRECEDENCE 29.1 In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. (signature page to follow) Page 20 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 0 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the elate and year first written above. A Ir ATTEST: BOARD OF COUNTY CC7lvlWs%ONERS COLLIER couN,ry, Fl..,(7RIDA, ACuNG AS. Crystal K. Kinrel, Clerk of Courts THE DOVE x 7 OF THE-.COLLIER & Ctllnptro1les C If A' 'EWER R l TR C olliet ount,v, _ Floj id BY: illiarm L. McDaniel, Jr., Chairman §► 04ture only. C'ontractor's Witnesses: Mitchell & Stark Construction Co., Inc. (Contractor' `rst Witness - Signature *Typelprint itnessAame* s SecontlWitness — Signature I Ap ro d �o m .nd L gality: ott R. Teach, eputy County Attorney By: Signature — Authorized Agent Page 21 €t1f 64 *Typelprint title* " NNSA Interim Treatment Plant awl Pipelines" RPS # 18-74 74 EXHIBIT A-1 GMP Item Description Unit Quanti Price Desi2n-Build Base bid includina the followin Owner -directed allowance line items 1-5 1 Security Amount 1 $125,000.00 2 Environmental Permitting Amount 1 $350,000.00 3 FPL Electrical Services Amount 1 $250,000.00 4 Buffer Clearing, Irrigation, Amount 1 $250,000.00 Landscape Buffer Plantings & Design per SDP 5 Owner's Allowance Amount 5% of $3,134,700.00 Design Build Price Item #6 6 Design -Build (excludes the LS 1 $62,694,000.00 Additive and Deductive Alternate Bid Items Additive and Deductive Alternate Bid Items: Add Segment 5A LS 1 $3,500,000.00 Add Segment 5B LS 1 $7,900,000.00 Deduct Segment 1 IQ Main LS 1 $550,000.00 and Segment 2 IQ west of tee Total GMP (with alternate bid items) X77,653,700.00 Page 22 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 EXHIBIT A-2 CONTRACTOR'S PROPOSAL (following this page) Page 23 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 9 EXHIBIT A-3 LIST OF PROFESSIONALS AND KEY PERSONNEL Name Title Firm Brian Penner President Mitchell & Stark Construction Co. Inc. Mike Westhafer P.E. Vice President Mitchell & Stark Construction Co. Inc. Josh Peterson Project Manager Mitchell & Stark Construction Co. Inc. Mitchell Penner Project Manager Mitchell & Stark Construction Co. Inc. Mike Dickey P.E. Project Manager Design Johnson Engineering Davide Trouteaud P.E. Project Engineer Johnson Engineering Mark Thomas, EI Utility EngineerJohnson Engineering Page 24 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 KNOW CO.. INC. EXHIBIT B-1 PUBLIC PAYMENT BOND ALL MEN BY THESE PRESENTS: That Bond No, 9209550 Contract No. 18-7474 MITCHELL & STARK CONSTRUCTION , as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND AND ZURICH AMERICAN INSURANCE COMPANY , as Surety, located at 1299 ZURICH WAY SCHAUMBERG, It. 60196 (Business Address) are held and firmly bound to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA as Obligee in the sum of SEVENTY SEVEN MILLION SIX HUNDRED FIFTY THREE THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS (T 77,653,700.00 )for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the t 2� day of IKace ti. 20 , with Obligee for NESA INTERM TREATMENT PLANT AND PIPELINES in RPS#18-7474 ID accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants, IN WITNESS WHEREOF, the above parties have executed this instrument this t 9 day of %Wo.rd1, 2019 , the narne of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. Page 25 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 OCAO Signed, sealed and delivered in the presence of: esses as t rincipal STATE"OF COUNTY OF PRINCIPAL MITCHELL & STARK CONSTRUCTION CO., INC. BY: NAME: a AN PENNER ITS: PRESIDENT/CEO The foregoing instrument was acknowledged before me this 19 day of /M c,-4 20±E, by a It > PZN,-,t-" 1 as P.,if; ia,-+ of M Ac.h a t',i 5 ice k teas},- ,.t=e Sv-,' a ,Z..j d; o ..j A corporation, on behalf of the corporation. He/she is person known to me OR has produced as identification and did (di not) take an oath. `*...." BEUNDABURGBACHER ignature of Notary) MY COMMISSION # GG 278246 oP ' EXPIRES: January 22,202S „ Bonded TMu NoWy PttbUo Undo dws (AFFIX OFFICIAL SEAL) ATTEST: REGINA WILLIAMS, ADMINISTRATIVE ASSISTANT NAME: .B z I k-� s .b t. ,- 4 h a c� •t (Legibly Printed) Notary Public, State of Flu .-. S c Commission No.: (. & 2 7 4 IV(- SURETY: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ZURICH AMERICAN INSURANCE COMPANY (Printed Name) 1299 ZURICH WAY SCHAUMBERT, IL. 60196 (Bus' dd'ess (Authorized Signature) ROBERT E. WILLIAMS, JR. ATTORNEY IN FACT Witnesses to Surety (Printed Name) Page 26 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 ®rlko N' Witnesses STATE OF rIo" '&>. 0, COUNTY OF La 11 r As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this vt _ day of N *e - , 201 S , by ea.btrw t lS 7r` as Aik l-Yc7,;. F. e-4- of F* st; }-,g %. pz�,s;.t. Surety, on behalf of Surety. H_e/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: m //Signature) Name: 900 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: ��• Commission No.: L G 1 ?8 2Y � iR�P�,- BEUNDABURGSACHER i* MY COMMISSION # GG 278246 EXPIRES: January 22, 2023 Bonded 7htu NaWy PV Undetvtrkere Page 27 of 64 "NESA Interim Treatment Plant and Pipelines" RPS 9 18-7474 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Robert E. WILLIAMS, JR., of Brownstown, Indiana, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of May, A.D. 2017. ATTEST: W. 9 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND µ4tik� *p 2000 ''Pj11NSL'•y .wr SEAL ` ?—•_°`� AX�� 4WD\ •'�7j"......»''��'. AID Assistant Secretary Vice President Dawn E Brown Michael Bond State of Maryland County of Baltimore On this 19th day of May, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 044-3937A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this IRR day of 14aec1. 20j. SEAL %. �n► b,, lase ,%ar � ,,.�, 7 David McVicker, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this I R day of K a e CA. , 20j_i__. 0111". EAL li7? ........ David McVicker, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 EXHIBIT B-2: PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: CO., INC. , as Principal, ZURICH AMERICAN INSURANCE COMPANY , as That and Bond No. 9209550 Contract No, 18-7474 MITCHELL & STARK CONSTRUCTION AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety, located at 1299 ZURICH WAY SCHAUMBERG, IL. 60196 (Business Address) are held and firmly bound to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , as Obligee in the sum of SEVENTY SEVEN MILLION SIX HUNDRED FIFTY THREE THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS ($77,653,700.00 ) 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 1-2, day of pt .. cti , 20 19 with Obligee for NESA INTERIM TREATMENT PLANT AND PIPELINES RPS# 18-7474 to accordance with drawings and specifications, which contract is incorporated by reference and made a pant hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255,05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this I i day of /Ac 1 ,'- , 20 19 , the name of each party being axed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Page 28 of 64 "MESA Interim Treatment Plant and Pipelines" RPS # 18.7474 0 Signed, sealed and delivered STATE OF F.`d.c COUNTY OF G . I J . `e. PRINCIPAL MITCHELL & STARK CONSTRUCTION CO., INC. NAME: BRIAN PENNER ITS: PRESIDENT/CEO The foregoing instrument was acknowledged before me this 11 day of Md, -k , 20 IS , by Q, .:;.^.+ tz„r,-a.. , as 5".C, #- of ` e h . sic e h "' [ N,}�, 5 _ e..+si`,.�e�%..✓ c� a .�- � -..0-. 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: (AFFIX OFFICIAL SEAL) ignature) Name: B z I ►A.�•. 8 r.r t%e. a�. G (Legibly Printed) Notary Public, State of: F1, Commission No.: Ls e. x ? 8 rt yL BELINDA BURGBACHER MY COMMISSION # GG 278246 EXPIRES: January 22, 2023 Bonded Thru Notary PuWiC Undetrrtlfn Page 29 of 64 "NESA Interim Treatment Plant and Pipelines" RPS 018-7474 It✓1ko ATTEST: Witnesse s to Surety REGINA WILLIAMS ADMINISTRATIVE ASSISTANT Witnesses STATE OF COUNTY OF 6. t /: e./' SURETY: FIDELITY AND DEPOSIT COMPANY OF MARYLAND AND ZURICH AMERICAN INSURANCE COMPANY (Printed Name) 1299 ZURICH WAY SCHAUMBERG, IL. 60196 (Bu A¢dreW (Authorized Signature) ROBERT E. WILLIAMS, JR. ATTORNEY IN FACT (Printed Name) Me` As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this ti day of KG, cy- , 20 19 , by RD3e,JL Z to, 1%1`.1S � r_ as A4i&r mei t ae4 of f,-;* -, teac ,t of/t�f�� /� , a A M a, A.1 .--4 I— f < ` i~ Surety, on behalf of Surety. I-e/She is personally known to me OR has produced as identificptio� who t 1 not) take an oath. My Commission Expires: ignature) (AFFIX OFFICIAL SEAL) BELINDA B:R!H] MY COMMISSIEXPIRES: JaBonded Thru Nota Name: Qz 1" -t, 8 e.e f J-,4e-ACo— (Legibly Printed) Notary Public, State of: F 1 Commission No.: (, & 2 7g 2 yL Page 30 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 0 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Robert E. WILLIAMS, JR., of Brownstown, Indiana, its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of May, A.D. 2017, ATTEST: Assistant Secretary Dawn E. Brown ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND V E/ps SEAL Soa o' y AID Vice President Michael Bond State of Maryland County of Baltimore On this 19th day of May, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. n; Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 044-3937A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 14 day of AL • r e- Y. 20 11 . 'wa DE�os` ..GpS?••��Uq-_ya �,g�,��i o i )Oe SEAL ........ David McVicker, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorney -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND ,SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 1 4 day of k Or ah 20 ff 4 . SISAL • �b� 1098 f David McVicker, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA Before me, the undersigned authority, personally appeared _ , who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, "Contractor" hereby releases and waives for itself and its subcontractors at every tier, material men, suppliers, successors and/or assigns, all claims for payments due under this Agreement, against the Board of County Commissioners of Collier County, Florida, ("OWNER") relating in any way to the performance of the Agreement between Contractor and OWNER, dated , 20_, for the period from to (2) CONTRACTOR hereby certifies for itself and its subcontractors at every tier, material men, suppliers, successors and/or assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which OWNER might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) This Release and Affidavit is given in connection with CONTRACTOR's [monthly/final] Application for Payment No. Date:_ ATTEST: First Witness Printed Name Second Witness Printed Name STATE OF am Mitchell & Stark Construction Co., Inc. "Contractor" Title of individual signing COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of a corporation, on behalf of the corporation. He/she is personally known to me or produced as identification, and did not take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Page 31 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 SAO EXHIBIT D APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Bid No. Project No. Purchase Order No. Application Date _ Payment Application No. for Work accomplished through the Date: RE: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: % Percent Contract Time completed to Date % Liquidated Damages to be Accrued $ Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: _ (Type Name and Title) Page 32 of 64 "NESA Interim Treatment Plant and Pipelines" RPS 4 18-7474 EXHIBIT D (Continued) SCHEDULE OF VALUES Project Name. Project Number. Date........ .Period To:. ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT NUMBER VALUE MATERIALS COMPLETEE COMPLETE PREVIOUS APPLICATIONS THIS & STORED THRU DATE SINCE DATE PERIOD TO DATE BALANCE look _% TOTAL TO FINISH RETAINAGE RETAINAGE RETAINAGE )reduced rate) WITHHELD TOTALS *Explanation forth e two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless arelease or reduction of retainage issue coi into play. If this happens, all information up to the date of the %change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column This states what has happened since the change in retainage. Page 33 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E A B C D E Invoice Previously Date Description Supplier Number Received Received This Period Previously Installed Installed This Period Balance To Install Page 34 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 CAO EXHIBIT E-1 CHANGE ORDER Change Order Form Contract#: Ch3nge#:= PurchaseOrder* I I Project #: Contraoto0l'irm Name: Project Name: Project Manager Name I Department: Original aanbact,Work Order Amount Or ig i na I BCC Appr oval Date; Agenda Item Current BGC ADprovedAmaunt Last BCC Ziorovid Date; Anende Item* Curfsrrt CcntsctjWork Order Amount SAP Cortract Expiration Dale (Nbster) Dollaf Amount 4:1 this Change 0'elv"O., Total Change from Original Amount Ravis Ed C an be ctW oA 01 -def Total S 0.00 00 IVV Change, from Current BCC Apprcved Amount Curmlatims Changes S 00 400 IWO! I Change frornCurrent Amount C D m p letio n Date, Description of the Tasks) Change, and Rationale for the Change Notice to Proc Original Last Approved Revised Date Date --[= Completion Oat = Date in' -ides M awqef #DfDaysAdded Select Tasks 0 Add new ta skisl 0 Delete task(s) 0 Changetask(s) MOtherfsa-tem',' Provide a response to the following: 11.) detailed and specific explanationkationale of the requested change(s) to the tasks) and I or the additional days added (ifrequested); 2.) why this change was not included in the original corrtract;ancL 3.) describe the impact I this change is not processed. Attach additional information from the Design Professional andlor Contractor if needed. Prepared by: Date: (Pro*4 Manager Name and Department) Acceptanceofthis Change Order shall consul Isle a modification to contract i workorder identified above eand will besubjecl t0ail the same terms and conditions as comlaired in the contract I work order it icaled above, as fuRyas if the same were stated in Itfis. acceptarmm. The ad*atmerrl, if any, to the Contract shall coni ime a full and final settlement of any and all claims of the Contractor I Vendor I Cons ultantf Design Profess] mW arising oLl of or related to the change set forth herein, ireding claims for im p= and dalxy costs. Accepted by: (Cordracior,"VerKkxrf CorrsultarMl Design Professional and Name of Firm, if liro*ctap �T�—) Date: Approved by: Date: (Design Professional and Name of Firm, if project appticable) Approved by: Date: (Pioctoement Professional Re.*EL 10%116 Page 35 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 CAO EXHIBIT E-2 WORK DIRECTIVE CHANGE PROJECT NAME: DATE OF ISSUANCE: OWNER: Collier County Board of Commissioners CONTRACTOR: CHANGE# EFFECTIVE DATE: PROJECT#: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract amount 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 amount: Method of determining change in Contract Times: ❑ Unit Prices ❑ CONTRACTOR's records ❑ Lump Sum ❑ Engineer's record ❑ Other ❑ Other Estimated increase (decrease) in Contract amount Estimated change in Contract Time: $ Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer OWNER's Representative Page 36 of 64 "NESA Interim Treatment Plant and Pipelines" CAO RPS #18-7474 OWNER'S Project No. PROJECT: Contract For Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project 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 such Work is hereby declared to be substantially complete in accordance with the contract documents on the following effective date: THE DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 37 of 64 "NESA Interim Treatment Plant and Pipelines" RPS 418-7474 CAO The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20_ At Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on OWNER accepts this Certificate of Substantial Completion on CONTRACTOR Type Name and Title OWNER Type Name and Title 20 Page 38 of 66 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 9CAO: EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 4 5. 6. 7. 10. 11. 12. All Punch List items completed on Warranties and Guarantees assigned to Owner (attach to this form). Effective date of General one-year warranty from Contractor is: 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). As -Built drawings obtained and dated: Owner personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form). Certificate of Substantial Completion issued on Final Payment Application and Affidavits received from Contractor on: Consent of Surety received on Operating Department personnel notified Project is in operating phase. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A Acknowledgments: By Contractor: By Design Professional: By Owner: If NO is checked for any of the above, attach explanation. (Company Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) Page 39 of 64 "NESA Interim Treatment Plant and Pipelines" PPS # 18-7474 CAO EXHIBIT H GENERAL TERMS AND CONDITIONS EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 Contractor and Owner, prior to execution of the Agreement, shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents, for any conflicts or ambiguities. Contractor and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement. 1.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement, Contractor and Owner shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Article 1 of this Agreement hereof. 1.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 1.4 If Owner's Project Criteria contain design specifications: (a) Contractor shall be entitled to reasonably rely on the accuracy of the information represented in such design specifications and their compatibility with other information set forth in Owner's Project Criteria, including any performance specifications; and (b) Contractor shall be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Contractor's cost and/or time of performance have been adversely impacted by such inaccurate design specification. 1.5 The Contract Documents form the entire Agreement between Owner and Contractor and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Page 40 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 CAO Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents. Contractor will not be entitled to any adjustment to the Lump Sum Price or the Contract Time as a result of any site conditions encountered. It is the specific intention of the Parties that Contractor will propose and perform as part of its Design Services any necessary investigation and testing that Contractor deems necessary to assume such risk. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the executed Agreement, shall prepare and submit to Project Manager, for their review and approval, a Schedule of Values for the Project (herein "Schedule of Values"). The Schedule of Values shall relate to all Work required by the Contract Documents and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Schedule of Values shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Schedule of Values shall be updated monthly by the Contractor. All monthly updates to the Schedule of Values shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Schedule of Values with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Schedule of Values updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a Risk Safety Management 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 amount, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Page 41 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 O -AO 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner. After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 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 Schedule of Values. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. Page 42 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 OCAQ 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 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. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. 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 Agreement. 4.13 Allowance Items and Allowance Values. 4.13.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in an Exhibit A-1 hereto. 4.13.2 Contractor and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Contractor and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Contractor that the Allowance Item in question can be performed for the Allowance Value. 4.13.3 No work shall be performed on any Allowance Item without Contractor first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Contractor is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Contractor, Contractor may be entitled to an adjustment of the Contract Time(s) and Contract amount. 4.13.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Contractor's overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract amount, and are not subject to adjustment, regardless of the actual amount of the Allowance Item. 4.13.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect the difference between actual costs incurred by Contractor for the particular Allowance Item and the Allowance Value. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: Page 43 of 64 "NESA Interim Treatment Plant and Pipelines" RPS 418-7474 CAU (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 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. 6. COMPLETION. 6.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 6.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager will make such inspection and, if the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 6.3 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 Page 44 of 64 "MESA Interim Treatment Plant and Pipelines" RPS k18-7474 CAO 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. 6.4 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 above, and (ii) OWNER and CONTRACTOR agree that OWNER's use or occupancy will not interfere with CONTRACTOR's completion of the remaining Work. 6.5 OWNER reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the CONTRACTOR 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. 7. FINAL PAYMENT. 7.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 6.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 7.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Project Manager at the time of final inspection. 8. SUBMITTALS AND SUBSTITUTIONS. 8.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 8.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 8.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and Page 45 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 OCAQ acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 8.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 8.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the cost for evaluating each proposed substitute. 8.6 Notwithstanding anything in the Contract Documents to the contrary, Contractor expressly acknowledges and agrees that Owner's review or approval of any design documents submitted by Contractor, including but not limited to any submittals as described herein, shall not relieve Contractor of its responsibilities or liabilities for design hereunder. Notwithstanding anything in the Contract Documents to the contrary, Contractor further expressly acknowledges and agrees that any such review or approval shall not be deemed as Owner's approval of any deviations to such design documents unless such deviation is expressly brought to Owner's attention by Contractor in writing and Owner expressly approves such deviation in writing. 9. HAZARDOUS AND SAMPLES. 9.1 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. 9.2 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. 9.3 HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. If samples contain hazardous constituents, CONTRACTOR will return such samples to OWNER, or using a manifest signed by OWNER as generator, CONTRACTOR will have such samples transported to a location selected by OWNER for final disposal. OWNER agrees to pay all costs associated with the storage, transport, and disposal of samples. OWNER recognizes and agrees that CONTRACTOR acts as a bailee and at no time assumes title to said materials. Page 46 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 SAO 10. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 10.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 10.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 10.1.2 Soil conditions which adversely affect the Work; 10.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 10.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 10.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 10.1.6 Description of Work being performed at the Project site; 10.1.7 Any unusual or special occurrences at the Project site; 10.1.8 Materials received at the Project site; 10.1.9 A list of all visitors to the Project 10.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 10.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Chang e Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean, and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 11. CONTRACT TIME AND TIME EXTENSIONS. 11.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Page 47 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 11.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 11.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 11.4 Notwithstanding anything contained within Section 2.3 to the contrary, if Contractor encounters on the Project site any materials reasonably believed by Contractor to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless, Contractor immediately shall (i) stop Work in the area affected and (ii) report the condition to Owner in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be resumed except by Change Order. Any such Change Order shall include, but not be limited to, an adjustment to the Lump Sum Price and Contract Time as appropriate. If no hazardous material is found after the Work is stopped, no Change Order is required to resume the Work in the affected area. Notwithstanding the foregoing sentences in this, if the hazardous material encountered was generated or caused by Contractor or any of its employees, agents, subconsultants, subcontractors, or material suppliers, no adjustment to the Contract Time or Lump Sum Price shall be made and Contractor shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such hazardous material. Contractor will coordinate and cooperate with any person or entity who is hired to perform any hazardous material mitigation services. 11.5 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 12. CHANGES IN THE WORK 12.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. Page 48 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 OCAO 12.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 12.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim or else be deemed to have waived any claim on this matter it might otherwise have had. 12.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -consultants' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 12.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 12.6 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Contractor may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design -Builder shall promptly inform Owner, in advance and in writing, of any such changes and record such changes on the documents maintained by Design -Builder. 12.7 No action, conduct, omission or course of conduct by Owner shall act to waive, alter, or change the requirement that Amendments, Change Orders, and Work Directive Changes must be in writing and signed by Owner. Such written and signed Amendments, Change Orders and Work Directive Changes are the sole and exclusive way to change either the amount of compensation to be paid to Contractor or the time within which Contractor is to perform its obligations hereunder. No changes will be allowed based upon actual, constructive, or oral notice or lack of prejudice to Owner. Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 13. OTHER WORK. 13.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. Page 49 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 CAO 13.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 13.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et s� and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors / 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 Contractor'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 Page 50 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 CAC3 Memorandum of Understanding for the company. Contractors 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/Contractor does not comply with providing both the acceptable E -Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non-responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E -Verify system for all purchases not covered under the "Exceptions to the program" clause above. 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 Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sec.. 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. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. PERMITS, LICENSES AND TAXES. 16.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 16.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 16.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 17. WARRANTY. 17.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or 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 Page 51 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 CAO Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 17.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 18. TESTS AND INSPECTIONS. 18.1 Owner, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 18.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 18.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 18.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 18.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 18.6 Neither observations nor other actions by the Project Manager nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. Page 52 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 OAQ 18.7 Owner shall have the right, but not the obligation, to hire any consultant it deems appropriate to perform a peer review on Contractor's design documents. Contractor agrees to cooperate with any such peer review. 19. DEFECTIVE WORK 19.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 19.2 If the Project Manager considers it necessary or advisable that covered Work be observed or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 19.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 19.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 19.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an Page 53 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 CA 0) appropriate decrease to the Contract Amount. Such direct, indirect costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 20. SUPERVISION AND SUPERINTENDENTS. 20.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with,the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-3 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 20.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Article 7 of the Agreement, for services not rendered. 21. PROTECTION OF WORK 21.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final completion is achieved. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 21.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 21.3 Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Project Manager. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 22. EMERGENCIES. 22.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have Page 54 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 23. USE OF PREMISES. 23.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 23.2 Contractor acknowledges that Work may be performed at a particular Project site where Owner simultaneously is conducting and continuing its operations upon the same site. In such event, Contractor shall coordinate its Work and cooperate so as to cause no unreasonable interference with or disruption to Owner's operations. 24. SAFETY. 24.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 24.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 24.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 24.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 24.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 24.3. Contractor shall designate a responsible representative located on a full-time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. Page 55 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 CQ 24.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 24.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 24.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 24.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 24.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 24.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 24.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 24.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 24.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 24.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 24.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 24.5.10 At all times while at the Project site, all Employees shall refrain from any abusive or offensive language and shall refrain from the harassment of any Owner employee, agent or invitee on the Project site. 25. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. Page 56 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 `CAQ 26. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 27. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included within the Lump Sum Proposal. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 28. SALES TAX SAVINGS AND DIRECT PURCHASE. 28.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in Section 28.2 below: 28.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 28.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. Page 57 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 0-A0 29. SUBCONTRACTS. 29.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Schedule of Values, and shall supply a copy of that breakdown and composition to Owner for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 29.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must possess all licenses required by state or local law and be "qualified" as defined in Collier County Ordinance 2013-69, as amended, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 29.3 In addition to those Subcontractors identified in Contractor's proposal that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 29.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub -subcontractors. 29.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all Page 58 of 64 "MESA Interim Treatment Plant and Pipelines" RPS #18-7474 O -A levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 29.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 29.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or attributable to Owner and including claims based on breach of contract or negligence, shall be an extension of its contract time. 29.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 29.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract amount, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 29.6 into their sub -subcontracts and purchase orders. 29.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 30. CONSTRUCTION SERVICES. 30.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 30.1.1 Subcontracts and Purchase Orders 30.1.2 Subcontractor Licenses 30.1.3 Shop Drawing Submittal/Approval Logs 30.1.4 Equipment Purchase/Delivery Logs 30.1.5 Contract Drawings and Specifications with Addenda 30.1.6 Warranties and Guarantees 30.1.7 Cost Accounting Records 30.1.8 Labor Costs 30.1.9 Material Costs 30.1.10 Equipment Costs 30. 1.11 Cost Proposal Request 30.1.12 Payment Request Records 30.1.13 Meeting Minutes 30.1.14 Cost -Estimates 30.1.15 Bulletin Quotations 30.1.16 Lab Test Reports 30.1.17 Insurance Certificates and Bonds 30.1.18 Contract Changes 30.1.19 Permits 30.1.20 Material Purchase Delivery Logs 30.1.21 Technical Standards 30.1.22 Design Handbooks Page 59 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 CAU 30.1.23 "As -Built" Marked Prints 30.1.24 Operating & Maintenance Instruction 30.1.25 Daily Progress Reports 30.1.26 Monthly Progress Reports 30.1.27 Correspondence Files 30.1.28 Transmittal Records 30.1.29 Inspection Reports 30.1.30 Punch Lists 30.1.31 PMIS Schedule and Updates 30.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner or their designees for reference, review or copying. 30.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 31. SECURITY. 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 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. 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. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail DL- FMOPSgcollier og; v.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. 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 Contractor is responsible for all costs. 32. HAZARDOUS CONDITIONS AND DIFFERING SITE CONDITIONS. 32.1 Hazardous Conditions, Page 60 of 64 "NESA Interim Treatment Plant and Pipelines" RPS 418-7474 t 32.1.1 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. 32.1.2 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. 32.1.3 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. 32.1.4 CONTRACTOR will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract amount 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. 32.1.5 The CONTRACTOR shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDEP chapter 62 regulations: specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 32.1.6 The CONTRACTOR shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. 32.1.7 The CONTRACTOR shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 32.2 Differing Site Conditions. 32.2.1 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 shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will acknowledge and agree to an equitable adjustment to CONTRACTOR's compensation or time for performance, or both, for such Work. If OWNER determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by CONTRACTOR as part of its investigative services, and that no change in the terms of the Agreement is justified, OWNER shall so notify CONTRACTOR in writing, stating its reasons. Claims by CONTRACTOR in opposition Page 61 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 rE� 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. 33. ABOVEGROUND/UNDERGROUND TANKS. 33.1 The CONTRACTOR shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDEP chapter 62 regulations: specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 33.2 The CONTRACTOR shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The CONTRACTOR shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 34. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 35. ADDITIONAL NEGOTIATED TERMS. 35.1. The OWNER'S reserves the right to pay the allowance items per any of the following Price Methodology (as selected below): 35.1.1 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 35.1.2 Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 35.1.3 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 62 of 64 "NESA Interim Treatment Plant and Pipelines" RPS #18-7474 �� 35.2. FPL Electrical Services Allowance. 35.2.1 The Contractor shall be responsible for the coordination of these services and the Owner agrees to direct pay for these services. 35.3. Landscape Buffer Plantings & Design per SDP Allowance. 35.3.1 Solicitation of Bids 35.3.1.1 Contractor shall prepare invitations for bids for the buffer clearing landscape and irrigation services. The Construction Manager shall obtain competitive pricing and obtain at least a minimum of three (3) proposals when available. 35.3.1.2 These proposals shall be based on approved plans and specifications. Bids shall be received and submitted to the Design Professional and the Owner for approval. 35.3.1.3 Should the Contractor receive less than three (3) proposals, he may proceed only if the Design Professional certifies to the Owner that the recommended pricing is reasonable, and representative of the market and the Owner agrees. 35.4. Site clearing shall include the removal of all existing orange trees. Viable existing perimeter vegetation shall be preserved for potential use as a landscape buffer. Clearing of the perimeter vegetation will be included and paid through the landscaping allowance, as directed in writing by the Owner. 35.5. Environmental. The Parties are fully aware the environmental permits may cause a delay in the overall project schedule. Should a delay occur, the parties will work on processing a change order to increase the project days. 35.6. Lon>? Lead Items. 35.6.1 Long Lead Procurement: Contractor shall review the Project design for the purpose of identifying long lead procurement items (machinery, equipment, materials and supplies) and consult with the Project Manager concerning same. When each item is identified, Contractor shall notify the subcontractors and Owner of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected subcontracts. Contractor shall keep itself informed of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items, and advise Owner of any problems or possible delays in delivery. 35.6.2 The Owner agrees to pay Contractor for the shop drawings and submittals accepted by manufacture(s), upon submission of a paid invoice by Contractor to the manufacture(s). Page 63 of 64 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 OA() EXHIBIT I TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Mitchell & Stark Construction Co., Inc., hereby certifies that wages, rates and other tactual unit costs supporting the compensation for the Design Professional services to be provided under this Agreement, concerning Mitchell & Stark Construction Co., Inc., are accurate, complete and current as of the time of contracting, Mitchell & Stark Construction Co., Inc. BY: TITLE: -q DATE Page 64 of 64 "NLSA Intcrim'freatMent Plant and Pipelines" RPS NJ 8-7474 A`CO p©� _...+� ^ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/06/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 1-317-844-7759 CONTACT NAME: Kindra Dunlap AssuredPartners of Indiana, LLC PHONE FAX A/C No: UVC.No_317-595-7319 ('C. E-MAIL kindra.dunla @assured artners.com ADDRESS: P P 10401 N. Meridian #300 INSURER(S) AFFORDING COVERAGE NAIC# CGS740906408 INSURERA: XL INS AMER INC 24554 Indianapolis, IN 46290 INSURED INSURER B: STARR IND & LIAB CO 38318 Mitchell & Stark Florida INSURER C: GREENWICH INS CO 22322 INSURER D: TRAVELERS PROP CAS CO OF AMER 25674 6001 Shirley Street INSURER E: NAUTILUS INS CO 17370 INSURER F: Naples, FL 34109 Cf1VFRAC.FS CFRTIFICATF NUIMBFR- 55550412 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. INSRADDL LTR TYPE OF INSURANCE N D SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X CGS740906408 03/01/19 03/01/20 EACH OCCURRENCE $ 1,000,000 F___1 CLAIMS -MADE OCCUR DAMAGE ToRENTED PREMISES (E.occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 PRO X❑ LOC POLICY JECT EMPLOYEE BENEFIT $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY CAH740002708 03/01/19 03/01/20 CoBINEDSINGLELIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY P OPER nDAMAGE $ B X UMBRELLA LAB X OCCUR X 1000584931191 03/01/19 03/01/20 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIABCLAIMS-MADE DED I X I RETENTION$ 0$ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE � OFFICER/MEMBER EXCLUDED? (Mandatory in NH)E. N/A CWG740002508 03/01/19 03/01/20 H X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below D EXCESS LIABILITY ZUP15S1987A19NF 03/01/19 03/01/20 OCC/AGG 25,000,000 E CPL -PROFESSIONAL X CPP201737413 03/01/19 03/01/20 OCC/AGG 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: NESA INTERIM TREATMENT PLANT AND PIPELINES #18-7474 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NAPLES, FLORIDA IS AN ADDITIONAL INSURED ON A PRIMARY NON-CONTRIBUTORY BASIS FOR GENERAL LIABILITY, UMBRELLA AND EXCESS LIABILITY POLICIES, 30 DAYS NOTICE OF CANCELLATION APPLIES IF THE INSURANCE COMPANY CANCELS THE POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM rDDTinrATG uni nGD CANCELLATION ACORD 25 (2016/03) CGOODWIN 55550412 U 1988-2015 AGUKU GUKPUKA I iuN. All rights reservea. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 3339 TAMIAMI TRAIL EAST SUITE 303 AUTHORIZED REPRESENTATIVE NAPLES, FL 34112 USA c-= ACORD 25 (2016/03) CGOODWIN 55550412 U 1988-2015 AGUKU GUKPUKA I iuN. All rights reservea. The ACORD name and logo are registered marks of ACORD 10401 N. Meridian St., Suite 300 Indianapolis, IN 46290 AssuredPartners Phone: 317-844-7759 A IFax: 317-815-6036 or Fax 317-844-9910 of Indiana IF YOU ARE THE RECIPIENT OF THIS CERTIFICATE: ANY WORDING TO PROVIDE ADDITIONAL INSURED COVERAGE, PROVIDE COVERAGE ON A PRIMARY AND NON-CONTRIBUTORY BASIS, OR PROVIDE A WAIVER OF SUBROGATION APPLIES ONLY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. CONTRACTUAL LIABILITY COVERAGE IS ONLY PROVIDED TO THE EXTENT SET FORTH IN THE POLICIES AND MAY NOT COVER ALL LIABILITY ASSUMED BY THE NAMED INSURED UNDER THE CONTRACT. IF YOU ARE THE REQUESTOR OF THIS CERTIFICATE OF INSURANCE: AssuredPartners of Indiana, LLC has, upon your request, issued the attached Certificate of Insurance. If you have not already done so, we highly recommend that you provide AssuredPartners of Indiana, LLC with a copy of the insurance and indemnification provisions of the contract pertaining to the Certificate of Insurance request so that we may properly ascertain whether the referenced insurance policies address the limits of insurance, terms and types of coverage required by the contract. While most Certificates of Insurance can be issued at no cost, the contract may require the purchase of additional insurance coverage that could be subject to an additional premium charge. In some instances, the coverage identified in the contract may be outside the underwriting guidelines of the insurance carrier and cannot be obtained. Any contract review performed by AssuredPartners of Indiana, LLC should not be construed as the rendering of legal advice or a legal opinion concerning any portion of the contract. AssuredPartners of Indiana, LLC has not endeavored to identify all potential liability issues that might arise under this contract. This review is provided for information purposes only and should not be relied upon by third parties. Any description of insurance coverage is subject to the terms, conditions, exclusions and other provisions of the policies and any applicable regulations, rating rules or plans. This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD forms & Policy Cancellation Requirements Effective September 2009, ACORD revised the ACORD 25 Certificate of Insurance and the Acord 27 & 28 Evidence of Property forms, the major change being removal of the cancellation notice provision. Per our contract with ACORD, we are not able to alter pre-existing wording on the current form, nor are we able to complete a proprietary form you provide: • Per Indiana House Enrolled Act 1322, effective July 1, 2013, Sec.13. (a) A person is not entitled to notice of: (1) cancellation of (2) non -renewal of; or (3) a material change in; a policy of property or casualty insurance unless the person has notice rights under the terms of the policy of property or casualty insurance or an endorsement to the policy. Violation of this statute is considered an unfair and deceptive act or practice under Indiana Law and if an agent is found to be in violation, they can possibly lose their license, and an insured or customer can possibly be fined. We appreciate your understanding of the legal restrictions on our ability to fully comply with your request. a Qualifications to Provide Collier County Northeast Service Area (NESA) Interim Wasterwater Treatment Plant, Storage Tanks Solicitation 18-7474 1 September 25, 2018 Submitted by: 114 ENGINEERING Cover Letter 1. Ability of Professional Personnel Abilities, Skill & Experience ........................... Organizational Chart ....................................... Key Personnel ................................................ 2. Certified Minority Business Enterprise 3. Past Performance .................................................................................................... 1 .................................................................................................... 2 .................................................................................................... 3 ........................................................................................... 6 ProjectExperience....................................................................................... Reference Questionnaire 4. Location..................................................................................................... 5. Recent, Current, and Projected Workloads of the Firm ................ 6. Required Form Submittals Form 2: Vendor Checklist Form 3: Conflict of Interest Affidavit Form 4: Vendor Declaration Statement Form 5: Immigration Affidavit Certification & E -verify profile Form 6: Vendor Substitute W-9 Form 7: Insurance and Bonding Requirements Other: Licenses, Certifications ....................................... 7 .........................19 ......................... I............ 20 Collier County I RPS No. 18-7474 I September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 4) September 25, 2018 Collier County Government, Procurement Services Division 3295 Tamiami Trail East, BLDG C-2 Naples, FL 34112 Re: RPS 18-7474: Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks Dear Selection Committee: Mitchell & Stark and Johnson Engineering are pleased to submit our qualifications as a design -build team for the County's NESA Interim Wastewater Treatment Plant and Associated Pipelines project. This is a large, complex project that requires high- level coordination and collaboration to meet deadlines, ensure quality, and deliver value. Our team provides the capabilities and resources of larger firms and the hands-on approach, local experience, and attention to detail of smaller firms, We believe our team offers the best combination of construction and engineering services in the area. Over the years, we have had many opportunities to work for the County. Your staff knows us and trusts us to get the job done. Mitchell & Stark has been active in Southwest Florida since 1981 when it opened its first office in Naples. Johnson Engineering was founded in 1946 and has been providing engineering and related services to clients for more than 70 years. Mitchell & Stark and Johnson Engineering have worked together on more than 40 projects over the past 10 years, and our staff enjoy a great synergy and working relationship. The County will be able to leverage our 400+ local professionals who have the knowledge, experience, and capabilities to ensure this project is successful, Through our many years of working in this area we have built and maintained very strong relationships with locally -based subcontractors, suppliers and consultants and will be utilizing many of them on the Northeast Service Area project. All members of our team, from the prime contractor and consultant to the subcontractors and suppliers that we use, have experience and knowledge of the unique construction environment here. We understand the local workforce, weather, economy, and ground conditions that affect these types of projects. The following are a few highlights of the resources and capabilities we will provide for this project: • We have the resources to bond this project, and the County can trust our team to deliver. • We have sufficient capacity to handle this project and avoid time or personnel shortages that could introduce delays. Mitchell & Stark owns and operates a large heavy equipment fleet based in Naples and Fort Myers. This is an important consideration because it allows us to provide needed equipment without having to wait on rentals or transport from other areas. • Johnson Engineering provides specialized groups that focus on specific aspects of civil projects. These groups are experts in their fields and can identify approaches, opportunities, and risks associated with the various aspects of this project. • Permitting, particularly environmental -related permitting, can be handled in-house. At the same time, we can identify approaches that reduce permitting burdens. Our team will work diligently to meet deadlines, avoid impacts, and provide value to the County. We will work closely with your staff to provide identify critical paths, find opportunities to increase cost effectiveness, and ensure your goals are met. We appreciate the opportunity and are confident that our team will make this project a success. Sincerely, MITCHELL & STARK Michael Westhafer, P.E., Vice President Mitchell & Stark Construction Company, Inc. (239) 332-1632 mwesthafer()mitchellstark.com Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks (a 1. ABILITY OF PROFESSIONAL PERSONNEL F� F"o (f T C Z � Z Q T rrn- rn vi O Z r - The Mitchell & Stark and Johnson Engineering design -build (DB) team is highly qualified for this project. Both firms have completed hundreds of projects with similar components in Southwest Florida. This team has worked together on more than 40 projects throughout the past 10 years and enjoys a productive working relationship with highly effective synergy. The County will greatly benefit from our combined experience, capabilities, and resources that will ensure the success of this project. Mitchell & Stark, founded in 1955 in Medora, Indiana, opened its first office in Florida in 1981. This office is located in Naples. In 2007 a second office was opened in Fort Myers. Most of our projects have been in the following counties: Collier, Lee, Hendry, Charlotte, Glades, Sarasota, Manatee, and Desoto. In Southwest Florida, we have expertise with water, sewer, storm drainage, earthwork, road, and golf course projects. We also provided emergency services for Collier County and the City of Marco Island. The engineering and managerial expertise of Founder, Ralph Mitchell, Former President, Fred Harrision, and CEO, Brian Penner has made Mitchell & Stark Construction Company, Inc. an industry leader for the past 60 years. The long stability of the company can greatly be attributed to their integrity, leadership, and vision. Johnson Engineering is a full-service engineering firm founded in 1946 and based out of Fort Myers with satellite offices located in other municipal areas throughout Southwest Florida. Johnson Engineering provides the capabilities and resources of large firms and the agility and responsiveness of a small firm. Johnson Engineering's extensive suite of in-house design and engineering services will provide the County with a one-stop shop for most design and technical aspects of this project. We anticipate that our utilities, survey, and environmental groups will provide the core services for this project. Our surface water management, landscape design, and development groups will provide input as needed. The County has worked with the firm's utilities group extensively and knows their capabilities well. Johnson Engineering's environmental services will be an important component of this project. Environmental permitting is likely to represent critical paths for this project. The project area is located in Florida panther secondary zone, bonneted bat focal area, red -cockaded woodpecker consultation area, wood stork core foraging area, crested caracara consultation area, and has a bald eagle nest two miles to the east. Our environmental group will identify permitting needs, mitigation approaches, and avenues to reduce environmental impacts and decrease permitting burdens. Our team includes subconsultants Cella Molnar and Associates, Source, Inc., and Select Structural. Johnson Engineering has worked extensively with Cella Molnar over the years and we enjoy a strong working relationship. Cella Molnar will lead public relations and community outreach components of this project. Cella Molnar's public relations experience will allow the County to focus on the engineering and construction side of the project and provide residents with the best possible venue for receiving notifications, asking questions, and expressing any concerns. Source Inc. is an efficient and experienced engineering firm based in Southwest Florida, Johnson Engineering and Source have worked on together on 14 projects over the past 30 years, including the Muse Village Phase 1A water and wastewater treatment plants. Source will handle aspects related to design and construction of the water and wastewater treatment facilities for this project. Collier County I RPS No.1 B-7474 I September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks I cao . Ability of professional personnel Johnson Engineering, Inc. Michael Dickey, P.E. Project Manager/Design Team Dave Trouteaud, P.E. II Mark Thomas, E.I. Project Engineer Utility Engineer Jared Brown, P.E. II Wayne Wright, P.E. Local Liaison/Permitting " Electrical Engineer John Curtis 11 Matt Howard Environmental 11 Surveying & Mapping Mitchell & Stark Construction Company, Inc. Brian Penner President/Principal in Charge Michael Westhafer, P.E. Senior Project Manager Josh Peterson, E.I. Project Manager/Plant Superintendent Duane Luttrell Plant Crews Dave Scafidi Project Manager/Pipe Crew Main Line Pipe Crews Clean Up Crews Source, Inc. Cella Molnar & Associates Select Structural Wastewater Plant Design Public Relations Stn►ctural Engineering High Service Pu177q Brian Penner President/Principal-in-Charge Since 1986, Brian has been in charge of Mitchell & Stark Construction Company's Florida operations. First as Vice President of the company and now as the President and Chief Operating Officer, Brian has worked hard to build a solid team of both design and construction professionals. Mitchell & Stark (M&S) has several folks on staff who are licensed design professionals and certified contractors. With hundreds of employees in Southwest Florida, Mitchell & Stark has been successfully designing and building projects in Collier County since the 1980's. Our team is dedicated to professionalism, safety and building trust with owners, suppliers and subcontractors. This dedication has been key to our ability to solve problems and tackle difficult projects. Brian will be the person in overall charge of the team. Michael Westhafer, P.E. Senior Project Manager Mike has been with Mitchell & Stark since 1986 and came to our Florida operation in 1992 with the focus of building up our treatment plant division. Mike has been Vice President since 2009. He is a registered Professional Engineer and is also a Certified General Contractor. He has been the lead on several design -build projects including our National Design -Build Award winning project in 2013 for design and construction of the North Lee RO WTP in Lee County. He has built water and wastewater treatment plant projects of all sizes in Collier County since his arrival here in the 1990s. Mike will be the project manager for this design -build effort and will coordinate with Mitchell & Stark and Johnson Engineering personnel. Josh Peterson, E.I. Project Manager/Plant Josh came to Mitchell & Stark in 2014 upon graduation from Florida Gulf Coast University's Civil Engineering program. He is currently an Engineering Intern and will be sitting for his PE examination in April 2019. He has been working closely with Mike on all of our recent Florida treatment plant projects. He has experience with traditional design -bid -build as well as design -build projects. He most recently was instrumental in construction of a water treatment plant and a wastewater treatment plant at a new community being developed in Charlotte County. He has experience working with Collier County at all of the treatment plants and is familiar with the Orangetree facility. Josh will be the deputy project manager for the team and will work closely to coordinate the design and construction efforts. Duane Luttrell Construction Superintendent Duane has been working with Mitchell & Stark since the late 1990s and has worked his way up from heavy equipment operator to project superintendent. Not only does Duane have experience building projects, but he is also instrumental in responding to emergencies as one of Collier County's on-call contractors. He has experience with Collier County operations staff and has also worked with Johnson Engineering. Duane will be the project superintendent and will have overall responsibility in the field. He will work closely with suppliers and contractors to build the project. Our years of working in Southwest Florida have resulted in solid relationships with local suppliers and subcontractors. Our team will utilize as much of these local resources as possible. We will self -perform most of the construction effort and those resources will nearly all be from Collier County and Southwest Florida. David Scafidi Project Manager/Pipe Crews David has been a project manager at Mitchell & Stark since 1999 and is currently Vice President of Utility Operations. He has been responsible for the administration and construction of various multi-million dollar contracts. His projects have included treatment plant modifications, re -use water pump stations, raw water well field systems, sanitary sewer force main and gravity systems, potable water, re -use water & irrigation water systems, storm drainage systems, aerial utility crossings, sheeting & shoring, roadway, bridge construction and site development. David's primary expertise is underground utility construction and he oversees and manages all of our Florida underground utility construction. He has extensive experience in bidding and managing construction contracts working both in conjunction with or directly for owners, contractors, utilities, transportation departments, construction managers and engineers. Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks JA 3 Mike Dickey, P.E. (Johnson Engineering) Project Manager/Design Team Serving as the firm's director of the utilities market group, Mike has 21 years of experience on utility projects. His project experience includes master planning, hydraulic modeling, design of water distribution systems, wastewater collection systems, irrigation systems, and pumping facilities. Prior to joining Johnson Engineering, Mike worked for a local utility contractor which gave him a unique perspective of how the utilities he designs today come together in the field. With both utility design and construction experience, Mike has a comprehensive understanding of the entire utility development process from planning to design, to permitting through construction. He knows how to develop a design that works both in theory and in practice. Dave Trouteaud, P.E. (Johnson Engineering) Project Engineer Dave joined Johnson Engineering in 2005 and manages various utility related projects. As project manager, he specializes in utility master planning, hydraulic modeling, design of water distribution systems, wastewater collection systems and irrigation systems. David frequently works with Johnson Engineering's land development group, assisting with the design of utility systems for developments throughout Florida. As one of the Engineers of Record for Southwest 6 & 7 Utility Extension Project for Cape Coral, he is familiar with current standards and staff. Some of Dave's previous work includes design of utilities within the Lee County/Boston Red Sox Spring Training Facility, project manager for the Inspection of McGregor Area Waterlines for the City of Fort Myers, assistant project manager for Spring Creek Village water and sewer replacement project (total of 23,000 feet of pipe) for Bonita Springs Utilities. Mark Thomas, E.I. (Johnson Engineering) Utility Engineer Mark joined Johnson Engineering in 2005. Mark has experience in pipeline design, data analysis, hydraulic modeling, and computer programming. Over the last two years, Mark has modeled the Corkscrew wellfield pipe system; analyzed hundreds of pump stations in Lee and Collier Counties; and designed thousands of feet of pressure mains, including directional drills such as a 36 -inch water main underneath Golden Gate Canal. Recently, Mark has worked with Lee County Utilities to model the Three Oaks WWTP force main system — an effort that required analysis of more than 14.5 million unique data points and calibration of hundreds of individual pipes. Jared Brown, P.E. (Johnson Engineering) Local Liaison/Permitting Jared joined Johnson Engineering in 2011 as a project manager and is responsible for the day to day operations of the Naples office. A resident of Collier County since 1999, Jared has worked on a wide range of projects in and around Naples. He has worked with non -profits, local municipalities, developers, architects, engineers and contractors on multiple simultaneous projects. Serving as the point of contact for clients, project design teams and sub -consultants. Jared has been responsible for project management, civil design, drawing preparation, specifications and construction observation for commercial, institutional and residential projects, His experience also includes serving as project engineer for utility and roadway infrastructure at Ave Maria and project manager for the development of the Naples Botanical Garden. Wayne Wright, P.E. (Johnson Engineering) Electrical Engineer Wayne has 36 years of experience working as an electrical engineer. His experience includes design of electrical power systems, emergency power supply systems, low voltage motor control centers and switchgear, process and instrumentation control systems, surge protection and grounding systems, conduit and cable tray layouts, control panel layouts and schematics, SCADA system design, automation software programming for PLC's and graphical user interfaces for SCADA systems and Operator Interface Terminals, design of networking and telemetry architecture, and construction and bidding related services. Collier County I RPS No, 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks John Curtis (Johnson Engineering) Environmental John is a Certified Senior Ecologist with over 21 years of environmental consulting experience in Southwest Florida. His duties include all aspects of state, federal and local environmental resource permitting, wetland determinations, environmental impact surveys and assessments, mitigation plan design and construction oversight, wildlife surveys, endangered species relocation, expert witness testimony, avian flight pattern monitoring, habitat mapping, FDOT biological assessments, and protected species and mitigation monitoring reports. Jim Elliot, P.E. (Source, Inc.) Wastewater Plant Design/High Service Pump Jim enjoys 50 years of successful experience in the civil engineering field. He was design engineer and project manager for several finished water storage and high -service distribution pumping projects at Source, Inc. These projects included: two 5.0 million gallon reservoirs and pumping facilities for the Island Water Association, Inc., Sanibel Island, Florida; 1.0 million gallon reservoir and pumping station for the former Gulf Utility Company, south US 41, Lee County, Florida; 1.0 million gallon reservoir and pumping station for the former Gulf Utility Company, Corkscrew Road facility, Lee County, Florida; and a 1.0 million gallon reservoir and pumping station for the Greater Pine Island Water Association, Pine Island, Lee County, Florida. Kaye Molnar (Cella Molnar & Associates) Public Relations Kaye has 20 years of experience in planning and public involvement for new and expanding roadway and infrastructure facilities. She is skilled in developing and implementing, comprehensive, large-scale public involvement programs as well as working with individual property owners. She has established effective working relationships with media personnel and repeatedly develops trusted relationships with residents and property owners on her projects. Her project management skills combined with her extensive experience in dealing with the public both in person and via telephone communications make her uniquely qualified. Shawn Anderson, P.E., SE (Select Structural) Structural Shawn has over 27 years of structural engineering experience in the successful completion of high-profile projects in the State of Florida, nationally, and over -seas. A large body of his work experience includes the new design and additions of Institutional buildings including schools, universities, hospital/ clinics and churches, however, his diverse engineering background covers nearly all areas of structural design. He has specialized experience in concrete and steel, high-rise commercial structures, post -tension, seismic, and wind -load design, as well as analysis for renovation and restoration. Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant Storage Tanks 0 2. CERTIFIED MINORITY BUSINESS ENTERPRISE Mitchell and Stark is not a Certified Minority Business Enterprise (MBE), however our team includes Cella Molnar and Associates who is a certified Woman Owned Business. C E LLAMO LLA R • • • ► • • • & A556CIA!TE5,INC Collier County I RPS No. 18-7474 ( September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 060 3. PAST PERFORMANCE w Past Experience The close relationship between Mitchell and Stark and Johnson Engineering is a significant advantage that our team has over our competitors. Our project team has worked together on over 40 projects over the past 10 years. Our design -build (DB) team will approach this project from "both sides of the shovel" to develop a plan that provides value and works on paper and in the field. We have the capabilities to handle most aspects of this project using in-house resources, and we will work directly with sub -consultants to ensure seamless integration of various design components. Technical Technical aspects of this project will be handled by Johnson Engineering and our subconsultants Source, Inc. and Select Structural, in conjunction with construction - related input from Mitchell and Stark. The County will leverage Johnson Engineering's 70+ years and Source's 35+ years of experience in Southwest Florida. Johnson Engineering will handle pipeline design, Source will handle treatment facility design, and both will work together for site development. Our team will utilize combined in-house resources to address technical aspects of this project. Combined, Johnson Engineering and Source have completed hundreds of utility projects in Southwest Florida, including Collier County. We are confident that the selection of projects presented in this proposal demonstrate the capability of our team to successfully complete this project. Community Our team includes Cella Molnar and Associates to head up the public relations and community outreach portions of this project, This project includes constructing large -diameter utilities through residential neighborhoods and is at risk of "not in my backyard" (NIMBY) attention from residents due to construction of the water and wastewater treatment facilities. The project is located within a quiet rural area, and residents are likely to be concerned about construction -related and ongoing facility usage activities. Cella Molnar will develop a communication plan to alert residents of construction activities and will field questions about the project. Our team's efforts will avoid the need for County staff to personally direct public outreach so they can focus on more critical aspects of this complex project. We understand the importance of public relations and community outreach, and this team has the experience and resources to successfully navigate this portion of the project. Project Delivery We understand that time is of the essence for this project as rapid development continues in the northeast part of the County. To that end, we will: The largest risk to project timing is due to the project area and surrounding areas containing state and federal jurisdictional wetlands or surface waters, If construction is proposed within wetlands or surface waters, a Section 404 dredge/fill permit from the U.S. Army Corps of Engineers (USACE) and environmental resource permit (ERP) from the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (FDEP) will be required. If a USACE Section 404 permit is deemed necessary, the federal review process and associated USFWS coordination will likely be the critical path for the project schedule. Due to recent high volume of permit applications being received by the federal wildlife agencies, projects requiring formal Section 7 consultation under the Endangered Species Act of 1973 can take as long 1.5 to 2 years for federal staff to conduct their Biological Assessment and prepare the required Biological Opinion. Our team has successfully reduced this review time by drafting these documents for the USFWS, which can reduce permit review times by several months. Along with commencing with wildlife surveys early on, our team will make identification of wetland and surface water impacts a top priority to initiate the state and federal environmental permitting process as quickly as possible. Our team is well prepared to address any environmental issue that may arise during the permitting of this project. Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks I CAS Minimizing Change Orders Minimizing change orders is important for design -build (DB) projects. Change orders slow progress and expose the County and the DB team to budgetary, scheduling, and quality control risks. Most change orders can be prevented by a thorough understanding of site conditions, project goals, and feasibility of various construction methods. We do not anticipate any risks related to conflicts with existing utilities as these areas are not currently provided water / wastewater / IQ water services. The greatest risk of change orders is due to use of 10 -year-old construction plans, changes to the project scope due to revisions by other stakeholders (like developers who the County is extending services to), and environmental / permitting considerations. For portions of the project that our team designs, our design and construction team members will develop a thorough understanding of existing site conditions and identify the most feasible construction methods. We will work closely with County staff and other stakeholders, as necessary, to arrive at a consensus on where and how proposed facilities are constructed. These portions of the project present very low risk of change orders because we are starting with a blank slate. Our team will dedicate the time and resources to develop constructible designs that avoid surprises in the field. An important aspect of avoiding change orders will be reviewing the existing facility site construction plans and specifications to identify any errors, discrepancies, and infeasible design components. We will work with the County to verify that proposed equipment and sizing meets current requirements given that the facility site was designed prior to 2010. We will carefully review the existing construction plans for conflicts between proposed utilities. Our team's engineering and construction staff will work closely to determine the most feasible — and cost effective — construction methods. We also understand that this project is time -sensitive, so we will evaluate construction methods for expediency and construction sequencing to identify critical paths for completion that are consistent with the County's goals for extending services to customers. Environmental permitting is likely to be a critical path for this project. Johnson Engineering's environmental department has extensive experience working in the project vicinity and considerable knowledge of the wetland and threatened and endangered species permitting issues that may arise during the project. Based on the environmentally sensitive nature of the geographic region, the regulatory agencies are likely to require several species-specific wildlife surveys. Suitable habitat exists for several state and federal listed species, and the project area is within the U.S. Fish and Wildlife Service (USFWS) secondary zone of the endangered Florida panther and USFWS focal area for the endangered Florida bonneted bat (FBB). Additionally, the project is within the USFWS consultation area for the federally endangered red -cockaded woodpecker and threatened crested caracara, the 18.6 -mile core foraging area of at least one wood stork colony and provides suitable habitat for the gopher tortoise. Johnson Engineering currently has three Florida Fish and Wildlife Conservation Commission (FWC) authorized gopher tortoise agents available to conduct surveys and/or relocations for this species, and we have successfully relocated hundreds of gopher tortoises. Our team is knowledgeable of all applicable survey methodologies and we possess all the necessary resources and equipment needed to conduct any species-specific wildlife survey that may be required, Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks u 8 �9 0 Project Name ` i Stakgineering' Client Fort Myers Beach Water Main Replacement (Design Build) Babcock infrastructure ✓ ✓ ✓ ` ✓ Ft. Myers Beach Kitson Lee County/North Lee Wellfield Lee County/Pine Island WWTP Improvements ✓ ✓ ' ✓ ✓ Lee County Lee County Magnolia Landing (Herons Glen Phase 2) Vanderbilt Cul-De-Sacs ✓ ✓ ✓ ✓ Taylor Woodrow CO, mM.,nitleS Collier County BSU 1-75 Water Crossing Design Build West Bay Club ✓ ✓ ✓ ✓ Bonita Springs West Bay Development Co. BSU Phase 2 Water Main Replacement Verandah Phase 1 ✓ ✓ ✓ ✓ Bonita Springs Bonita Bay Group, Inc. Verandah Phase 2 ✓ ✓ Bonita Bay Group, Inc. BSU RO Wellfield ✓ ✓ Bonita Springs Utlities Goodlette Road ✓ ✓ Ajax Paving Jetway Transport ✓ ✓ .' Cooper Companies Goodlette Frank Effluent &Force Main ✓ ✓ Collier County San Carlos Estates Water Main (Design-Build) ✓ ✓ Bonita Springs Utlities Coral Lakes Phase 3 ✓ ✓ Transeastern Properties Sweetwater Landing Gateway irrigation Pump Station ✓ ✓ Bonita Bay Group, Inc. ✓ ✓ ' Gateway Services' Community Although not all projects are listed, Mitchell & Stark and Johnson Engineering have collaborated on a total of 41 projects over the last 10 years, Collier County I RPS No, 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks Project Name: Fort Myers Beach Design Build Project Address: Fort Myers Beach, Florida Project Type: Utilities and Road Construction Total Project Construction Cost: $2,415,928 Value of Work Performed by Firm: $1,800,000 Project Completion Date: July 2014 Contact Name: Christy Cory Contact E-mail Address: christy@fortmyersbeachfl,gov Contact Phone: 239-463-9914 Contact Address: Town of Fort Myers Beach, 2565 Estero Blvd, Fort Myers Beach FI. 33931 Summary of Project Scope: Mitchell & Stark was awarded a design build contract to construct new water main transmission in Estero Blvd. In additions Mitchell & Stark was contracted to design and build new water mains and storm drainage in 12 neighborhood streets. Roads in the neighborhood street areas were reconstructed, Design and construction was located in the right of way of a major road and in tight conditions of a residential area. This is the first phase of on ongoing project to replace all water main in Fort Myers Beach. Several public meetings were held with the residents of Fort Myers Beach. The residences were keep updated throughout the project by our Public Relations firm Cella Molnar & Associates. Johnson Engineering was contracted to do the design and surveying for the project, Mitchell & Stark worked closely with Johnson Engineering throughout the design process to provide value engineering and constructability issues. Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 010 O Project Name: Oil Well Road Project Address: Naples, Florida Project Type: Utilities and Road Construction Total Project Construction Cost: $35,569,636 Value of Work Performed by Firm: $29,000,000 Project Completion Date: July 2013 Contact Name: Kevin Dugan Contact E-mail Address: kevindugan@colliergov.net Contact Phone: 239-774-8192 Contact Address: Collier County Transportation, 2885 South Horseshoe Dr., Naples, Fl. 34104 Summary of Project Scope: Mitchell & Stark was low bidder and awarded this project. The project involved utility construction, earthwork, and bridge and road construction. Mitchell & Stark work with Collier County throughout the contract, This work was coordinated with the school systems as this project had a significant impact to the school system. The project involved both widening existing roadway and new road construction, The project involved over 800,000 cy of embankment, 435,594 SY of limerock and asphalt, 38,720 LF of water main and force main was constructed, two bridges, storm drainage pipe ranging to 72 inch RCP. Traffic control was a major consideration for the first phase of the project. Proper sequencing of utility and road work was essential. Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks Project Name: Norah Lee County RO Water Treatment Plant Expansion Owner: Lee County Board of County Commissioners Project Manager(s): Mike Westhafer, P.E. Project Type: Progressive Design -Build Design -Build Costs: Estimate Amount - $18,509,792 Final Contract Amount- $13,781,912 Design -Build Schedule: Proposed Start Date — November 2009 Proposed Completion Date —July 2011 Actual Start Date — November 2009 Final completion Date — October 2011 Design Firm: Carollo Engineers Construction Firm: Mitchell & Stark Construction Co., Inc. Contact Name: Mikes Maillakakis, PE, Senior Project Manager Contact E-mail Address: MMaillakakis@leegov,com Contact Phone: 239-533-8151 or 239-839-0375; Fax: 239-839-0375 Contact Address: Lee County Utilities, 7401 College Parkway, Fort Myers, Florida 33907 Summary of Project Scope: Mitchell & Stark Construction Co,, Inc. was awarded this important project with Lee County Utilities to expand the capacity of the North Lee County RO WTP from 5.0 MGD to 10.0 MGD, The North Lee County RO WTP original 5.0 MGD system was also brought into nameplate compliance. This project was accomplished through the Progressive Design -Build process. Mitchell & Stark Construction Co., Inc. was the Design -Build entity responsible for the entire project. This included the design and permitting through the various agencies including the Health Department and the County Building Department, We were also responsible for the complete construction of the facility including startup, training and project closeout. This project was awarded through a multi -stage process which included prequalification through an RFQ, written responses from short-listed firms to questions from the owner, and an oral presentation to the selection committee, We worked closely with the owner during all phases of the project. We collaborated with LCU during the design phase and they were fully engaged in the design process, During GMP development the owner was kept involved and we utilized an 'open -book" process to prepare the GMP. This enabled the owner to be fully aware of the costs and facilitated the approval process as the owner was part of the cost estimating phase. We worked daily with operations staff to maintain water production throughout the construction process. We consulted with LCU to identify items that could be purchased directly by the owner. This resulted in a reduced overall contract cost to the Design -Builder as well as significant tax savings for LCU. This project was awarded the 2013 Project of the Year for WaterMastewater by the Design -Build Institute of America (DBIA). Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks ►b O Babcock Ranch Town & Country Utilities Charlotte County, Florida Total Project Construction Cost: Value of Work Performed by Firm: Project Completion Date: $14,000,000 $14,000,000 Ongoing Contact Name: John Broderick, Senior Vice President Contact E-mail Address: jbroderick@kitsonpartners,com Contact Phone: 941-235-6907 or 973-219-8192 Contact Address: Kitson & Partners Communities,14750 SR 31, Punta Gorda, FL 33982 Summary of Project Scope: This project involves construction of the water & wastewater utilities site for the newest Florida community being constructed at Babcock Ranch in Charlotte County. Utilities include a 0,25 MGD Nano filtration Water Treatment Plant, a .20 MGD Water Reclamation Plant and an Irrigation Pump Station Facility. The water production facilities include installing and outfitting two new Sandstone aquifer production wells and new raw water transmission main to the plant site. Site work, roads, storm water management, fencing and all plant yard piping is included. Installation of the membrane treatment system including skid -mounted membrane systems, membrane elements, blending system, flowmeters, along with all sample, instrumentation and control panels, The electrical system also includes a standby emergency generator. The membrane system is housed in a prefabricated metal building including office and restroom facilities, motor control center and SCADA instrumentation and control system. The project also includes construction of a clear well complex with degasifies, blowers, transfer pumps, scrubber, ductwork a 1,0 MG pre -stressed ground storage tank, high service pump station, valves and piping, finished water flowmeter and controls along with all chemical treatment. The wastewater facility consists of a reclaimed flow splitter box, sequencing batch reactor tankage and equipment, filtration equipment, chlorine contact chamber, biological solids drying beds, reject water lift station, plant drain pump station, chemical feed systems and storage, instrumentation and controls, The reuse irrigation system includes lake water intake, pumping facility, valves, piping and controls. The irrigation system is designed to be used as the source of initial fire protection water for the community. Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Stotage Tanks 13 Pinewoods Reverse Osmosis Water Treatment Plant Expansion Design -Build Costs: Total Construction Cost of $5,533,239 Design -Build Schedule: The project was completed on-time in 2008, Design Firm: Carollo Engineers (under contract to Harn RO Systems, Inc.) Construction Firm: Mitchell & Stark Construction Co., Inc. (under contract to Harn RO Systems, Inc.) Contact Name: Mikes Maillakakis, PE, Senior Project Manager Contact E-mail Address: MMaillakakis@leegov,com Contact Phone: 239-533-8151 or 239-839-0375; Fax: 239-839-0375 Contact Address: Lee County Utilities, 7401 College Parkway, Fort Myers, Florida 33907 Summary of Project Scope: The project consisted of constructing a new reverse osmosis expansion to the existing membrane softening water treatment plant on Corkscrew Road about a mile east of Interstate Highway 1-75. This project was time critical to meet water pressure and demand requirements in the service area and also to meet requirements for receiving state revolving loan fund requirements, To streamline the design and construction process we were hired by the owner to provide design -build services at risk. The project was designed, permitted and constructed by the M&S/Harn/Carollo team. Mitchell & Stark acted as the construction manager responsible for overall construction, scheduling and permitting, and performed construction permitting with the local building authority. The project included constructing a 96 ft by 70 ft reverse osmosis building, chemical storage facility, a'CT' (chlorine contact) basin, chemical injection area, new ground storage tank, high service pump station, conversion of the existing high service pump station to fluoride injection facility, new sand separator facility, relocation of ammonia injection building, new 1500 kw emergency generator, drainage improvements, repaving and re -sodding. The improvements had to meet zoning requirements, blending Into the surrounding community and storm water discharge requirement that all storm water be held on site. The RO building contained three RO skids, prefilters, feed pumps, piping trenches, cleaning tank, and air conditioned MCC room, conference room, locker room and bathroom, At the request of Lee County Utilities, the RO Building was designed and constructed as a "safe place" to an upgraded 150 MPH criterion with Exposure Category "C" and a 1.15 Importance Factor, The chemical storage area contained a roof canopy that was designed to a normal 130 MPH wind load, There were two single ply liquid bleach tanks with a specially coated concrete containment area. The CT Basin was designed and constructed with odor control degassifiers, scrubber and specially coated interior surfaces. The ground storage tank was a pre -stressed concrete tank constructed by the CROM Corporation. Mitchell and Stark constructed the underground piping and prepared the subgrade, The high service pump station contained three new and one future horizontal split case pumps with a sixteen -inch flowmeter on the discharge, all within a space so tight, the slab could not be poured until the new station was placed in service, so that the existing high service discharge piping could be removed. Under a separate contract, Mitchell and Stark constructed new raw water transmission lines from five new wells to the plant A set of three new stainless steel Lakos sand separators with fused high density polyethylene piping was constructed on the raw water line adjacent to the CT Basin. The emergency electric generator was a 1,500 kw Cummins with weather resistant enclosure placed on a two -feet thick reinforced concrete pad. Construction of the improvements, especially the high service pump station, conversion of the existing high service pump station to fluoride injection, tie In of the permeate line, tie in of the finished water and general staging of the project during construction were scheduled and implemented in such a manner as to keep the existing plant on line throughout the entire construction project, through continuous daily coordination with the lead plant operator. Mitchell and Stark performed most of the mechanical and sitework construction and subcontracted and managed the pre -stressed tank, concrete, prefabricated building, electrical and I&C work. Collier County I RPS No. 18-7474 1 September 25, 201814 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 0 CAO Project Name: North Lee County Wellfield Expansion - Phase 2A Owner: Lee County Board of County Commissioners Project Manager(s): Mike Westhafer, P,E, Project Type: Design -Bid -Build Design -Build Costs: Bid Amount - $2,697,973 Final Contract Amount - $2,697,973 Design -Build Schedule: Proposed Start Date —August 2010 Proposed Completion Date — July 2011 Actual Start Date — August 2010 Final Completion Date — July 2011 Design Firm: Stantec Consulting Construction Firm: Mitchell & Stark Construction Co., Inc. Contact Name: Luis Molina, PE, Senior Project Manager Contact E-mail Address: LMolina@leegov,com Contact Phone: 239-533-8598; Fax: 239-485-8385 Contact Address: Lee County Utilities, 1500 Monroe Street, Fort Myers, Florida 33901 Summary of Project Scope: This project consisted of the construction of three new production wells, raw water main and fiber optic lines for the three wells, and integration of the new system into the existing controls, electrical upgrades, access drives, drainage structures and miscellaneous construction of the wellheads. The raw water transmission mains consisted of 3,000 lineal feet of 16" HDPE, 3,200 lineal feet of 24" HDPE and approximately 700 lineal feet of 8" HDPE to the individual well sites, The work was complete in residential areas and required that the impact to property owner access be minimized. We were required to install portions of the raw water main within the LCEC easement. We were also required to directional drill Bayshore Road within the FDOT right-of-way. A significant portion of the raw water main was constructed along Wells Road, a dead-end street in a residential area, Provisions for homeowner access were required and continuous access for emergency vehicles was maintained. Construction of the wellheads consisted of clearing, grubbing, site work, grading, crushed concrete access drives, wellhead pads, fencing, concrete slabs, above grade stainless steel piping, vertical line -shaft well pumps, electrical instrumentation and control facilities, standby power generation, variable frequency drives and automatic transfer switches. Successful completion of this project ultimately resulted in Mitchell & Stark Construction Co., Inc. being awarded the next phase of wellfield expansion in the NLC wellfield that is currently ongoing. This phase includes four additional production wells and more than 8,000 lineal feet of raw water main. Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks Project Name: Babcock Ranch Project Address: Punta Gorda, Florida Project Type: Earthwork, Utilities and Road Construction Total Project Construction Cost: $43,000,000 Value of Work Performed by Firm: $37,000,000 Project Completion Date: August 2018 Contact Name: David Mercer Contact E-mail Address: dmercer@kitsonpartners.com Contact Phone: 239-272-1817 Contact Address: Kitson & Partners Communities, 14750 SR 31, Punta Gorda, FL 33982 Summary of Project Scope: Mitchell & Stark was the original low bidder and has been awarded several projects for Babcock Ranch. Babcock Ranch is a large planned unit development with a build out of approximately Fifty Five thousand people. The project involved the construction of Utilities, Earthwork, Bridge, Road, Water Treatment Plant, Waster Water Plant and Irrigation Pump Station Construction, Mitchell & Stark has work with Kitson Partners throughout the Project by listening to their issues and resolving these issues. Mitchell & Stark has provide value engineering for many of the projects. We have work with Kitson Partners to meet construction schedules they required. The owner is operating their own Water and Waste Water Plants. Mitchell & Stark constructed several transmission mains to these facility. We have assisted the Owner with startup of these mains and operation of the Water and Waste Water Treatment Plants. The project has involved over three million CY of excavation, construction of a bridge, over 12 miles of roadway construction, over 180,000 lineal feet of utilities installed for residential community development. Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 16 0 Mitchell & Stark and Johnson Engineerings Past Performance City of Naples Bembury Wastewater Collection System Reference City of Naples Ms.Allyson Holland Deputy Utilities Director 380 Riverside Circle Naples, FL 34102 (239) 213-4713 AMHolland5naplew,Qmcom Bonita Springs Utilities Priority 1 Water Main Replacement, Phase 1 & 2 Reference Bonita Springs Utilities, Inc. Ms. Kim Hoskins, P.E. Director of Engineering 11900 E.Terry Street Bonita Springs, FL 34135 (239) 390-4834 KHoskinstdd.bsu.us Collier County Vanderbilt Cul -De -Sacs Water Main Replacement Reference Collier County Ms. Diana Dueri Project Manager 3339 Tamiami Trail East, Suite 303 Naples, FL 34112 (239) 252-4218 dianadueriCoXolliergov.net This project included the design of wastewater collection and transmission system for a subdivision in Naples consisting of approximately 100 single family homes. Johnson Engineering is providing the survey, preliminary design, hydraulic analysis, design, permitting, bidding services and construction observation services for approximately 3,100 linear feet of gravity sewer and one lift station. Completion Date - 2015 Project Budget: $1 million This project consisted of the replacement of approximately 75,000 linear feet of 12", 8" and 4" water main in Bonita Springs along various streets located in between Bonita Beach Road and the Imperial River. Key design elements included identifying an alignment within congested rights of way that would accomplish project goals while minimizing impacts to the existing residents and allow the existing asbestos cement and class pipe water mains to remain in service during construction. Design also included several directional drills to cross creeks and other environmentally sensitive areas. Project also required close coordination with the City of Bonita Springs who owned and maintained the road rights of way. Johnson Engineering provided the survey, design, and permitting, bidding service and construction administration for this project. Completion Date - 2018 Project Budget: $3 million This project consisted of the replacement of approximately 16,000 linear feet of 8" and 4" water main in Collier County along Vanderbilt Drive and finger streets between Vanderbilt Beach Road and Immokalee Road.Key design elements included identifying an alignment within congested rights of way that would accomplish project goals while minimizing impacts to the existing residents and allow the existing asbestos cement water main to remain in service during construction. Design also included provisions to remove the entire AC water main once the new system was in service. Johnson provided the survey, design, permitting and bidding service for this project, Completion Date - Anticipated 2019 Project Budget: $3 million Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 17 i Johnson Engineering Past Performance Lee County Ben Hill Griffin/Alico Force Main, Potable Water Main and Reuse Main Reference Lee County Utilities Ms. Lyssa Lott Engineering Manager 1 1500 Monroe Street, 3rd Floor Fort Myers, FL 33901 (239) 533-8149 LLo eegov.com Collier County 91st & 92nd Water Main Replacement Reference Collier County Ms, Diana Dueri Project Manager 33397amiamiTrail East, Suite 303 Naples, FL 34112 (239) 252-4218 dianadueliaolliergov. net Lee County RSW 24" Water Transmission Line from Fiddlesticks to Old Gladiolus Reference Lee County Mr Luis Molina P.E., PG. 1500 Monroe Street Fort Myers, FL 33901 (239)533-8598 I Molin leegoy.com This project included the hydraulic analysis, design, permitting, bidding and construction phase services for a proposed force main that falls within the Three Oaks Wastewater Treatment Plant (WV,/TP) service area. The initial hydraulic analysis included the development of a unique approach to calibration that involved statistical analysis of the collected data. Over 14 million data points were collected and analyzed. The modeling effort led to a proposed force main design along Ben Hill Griffin Parkway and Alico Road totaling approximately 3.4 miles of 16" and 12"force main. The proposed force main will supplement the existing served parcels with extra capacity and extend along Alico Road for future connections, In addition, this project included the design and permitting for a proposed 36" Potable water Main and 12" Reuse Main for approximately 9,400 linear feet. The water and reuse mains were designed in conjunction with the Roadway Widening of Alico Road. Completion Date - 2018 Project Budget: $7,6 million This project consisted of the replacement of approximately 10,000 linear feet of 12" and 8" water main in Collier County along 91 st and 92nd street located within the Naples Park area. Key design elements included identifying an alignment within congested rights of way that would accomplish project goals while minimizing impacts to the existing residents and allow the existing asbestos cement water main to remain in service during construction. Design also included provisions to remove the entire AC water main once the new system was in service. Johnson provided the survey, design, permitting and bidding service for this project Completion Date - 2016 Project Budget: $1.4 million This project consisted of approximately 25,000 linear feet of water transmission line from Fiddlesticks to Old Gladiolus, Johnson Engineering is providing the route analysis, preliminary design, survey, SUE, design, permitting, bidding assistance and construction phase services,The scope also included design for a 30" directional drill under US -41 just south of Six Mile Cypress Parkway, underthe Metro Extension and South Conveyance Channel. Completion Date - 2014 Project Budget: $3.8 million MW 24' WATER TRANSMISSION LIKE FROM FIDDLESTICKS TO OLD GLADIOLUS ALIGNMENT MATRIX ANALYSIS lyw/F� ILEE COUNTY 111.10 ---- Collier �t i �ti,•1 Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 18 0 Collier County Solicitation 18-7474 co"I'my Administrative Services Mepartmw PM r13ff*W 5ef 1 s Ciro s Reference Questionnaire Solicitation ;Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks Reference Questionnaire for: y11 & Stark Construction Company, Inc. (Name of Company Requesting Reference Information) Michael Westhafer, P.E., V.P. (Name of Individuals Requesting Reference Information) Name: Mr. John Broderick (Evaluator completing reference questionnaire) Email: Ibrodedck@ldtsonpanners.com FAX: N/A Company: Kitson & Partners (Evaluator's Company completing reference) (941)235-6907 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." (Please note, references from Collier County staff will not be accepted.) Project Description: Project Budget: Babcock Ranch TCU Design -Build $13.5 million Completion Date: April 2017 Project Number of Days: 365 Item Citerla Score I Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc, 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 8/21/2018 7:10 AM p, 21 -k0 Collier County Coyer Coumzty Adnijn straM Setvi.Ts Depsrat>ent prm"Rent sernce5 Orskm Reference Questionnaire Solicitation grit, ast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks Reference Questionnaire for: tChil & Stark Construction Company, Inc. (Name of Company Requesting Reference Information) Michael Westhafer, P.E., V.P. (Name of Individuals Requesting Reference Information) Solicitation 18-7474 Name: Mr. Mikes Maillakakis, P.E. Company: Lee Country Utilities (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: mmaillakakis@leegov.com FAX: (239) 533-8176 Telephone: (239) 533-8845 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." (Please note, references fiom Collier County staff will not be accepted.) Project Description: North Lee RO WTP Expansion Completion Date: October 2011 Project Budget: $18.5 million Project Number of Days: 559 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS too 8/21/2018 7:10 AM p. 21 Collier County r0331r Comity Adrn tigh6r3ServicesDepwtner! I'mo.,14nwi Sergi ms iii: Reference Questionnaire Solicitation: IN ast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks Reference Questionnaire for: WIN, ll & Stark Construction Companv. Inc. (Name of Company Requesting Reference Information) Michael Westhafer, P.E., V.P. (Name of Individuals Requesting Reference Name: Mr. Mikes Maillakakis, P.E. (Evaluator completing reference questionnaire) Email: mmaillakakis@leegov.com Company: Lee Country Utilities (Evaluator's Company completing reference) FAX: (239) 533-8176 Solicitation 18-7474 (239) 533-8845 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work, Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0," (Please note, references from Collier County staff will not be accepted.) Project Description: Project Budget: Pine Island WWTP Improvements $1,262,437 Completion Date; July 2015 Project Number of Days: 365 Item Citeria Score I Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS loo 8/21/2018 7:10 AM p, P1 Collier County Solicitation 18-7474 Cii)?et' Co>{rtt)' kcx'ni�trart� .� fc-�vt Reference Questionnaire Solicitation: Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks Reference Questionnaire for: Johnson Engineering, Inc. (Name of Company R"equesting Reference Information) Michael Dickey, P.E. (Name of Individuals Requesting Reference information) Name: Ms. Allyson Holland** q. /0 , 16 (Evaluator completing reference questionnaire) Email: AMHolland@naplesgoy.com FAX: NIA Company: City of Naples - Utilities (Evaluator's Company completing reference) (239) 213-4713 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again)• If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0;" (Please note, references from Collier County staff will not be accepted;) Project Description: Bembury Utilities Improvements Project Budget: $1 million Completion Date: 2015 Project Number of Days: 364 Item Cheria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. Q 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. I p 6 Project adrninistratiom(completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. I O 8 Abiltity to manage risks and unexpected project circumstances. I Q 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. I p 10 Overall comfort level with hiring the company in the future (customer satisfaction). O TOTAL SCORE OF ALL ITEMS D'ti 8/21/2018 7:10 AM p. 21 a Collier County Solicitation 18-7474 Cid)y'IGr cQway Achi >istrativa Services Deparcmc+tt t'rtRxa�l_Set`,ices t�irvxsm. Reference Questionnaire Solicitation. 19 ast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks Reference Questionnaire for: !A 11 & Stark Construction Company, Inc. (Name of Company Requesting Reference Information) Brian Penner (Name of Individuals Requesting Reference Name: Mr. David Mercer (Evaluator completing reference questionnaire) Email: dmercer®kitsonpartners.com FAX: N/A Company: Kitson & Partners (Evaluator's Company completing reference) Telephone: (239) 567-5159 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." (Please note, references from Collier County staff will not be accepted.) Project Description: Project Budget: Babcock Infrastructure $37 million Completion Date: August 2018 Project Number of Days: 1095 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 9 7 Ability to verbally communicate and document information clearly and succinctly, 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 99 8/21/2018 7:10 AM p. 21 8 Collier County CAW C0101ty Aairrir116 :4 UY,%es ixpa nck Reference Questionnaire Solicitation 18-7474 Solicitation: Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks Reference Questionnaire for: Johnson Engineering, Inc. (Name of Company Requesting Reference Information) Michael Dickey, P.E. (Name of Individuals Requesting Reference Information) Name: Ms. Kim Hoskins, P.E. Company: Bonita Springs Utilities, Inc. (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: KHoskins@bsu.us FAX: NIA Telephone: (239) 390-4834 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firnr/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." (Please note, references from Collier County staff will not be accepted.) Priority 1 Water Main Replacement, September 2018 Project Description: Phase 1 & 2 13 Completion Date: Project Budget: $3 million Project Number of Days: 2 years Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project, 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 9 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the fixture (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS ee 8/2112018 7:10 AM p. 21 Ea Collier County Solicitation 18-7474 C �orw r Coma)+ Adn irtistratwSerriwsDep� Pmarerr*nt Slertes DN641v Reference Questionnaire Solicitation: ! o,Qast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks Reference Questionnaire for: 3V)ite 11 & Stark Construction Company, Inc. (Name of Company Requesting Reference Information) Michael Westhafer, P.E., V.P. (Name of Individuals Requesting Reference Information) Name: Ms. Christy Cory (Evaluator completing reference questionnaire) Email: Christy®fmbgov.com FAX: N/A Company: Fort Myers Beach (Evaluator's Company completing reference) (239) 463-9914 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." (Please note, references from Collier County staff will not be accepted.) Project Description: Design/Build Water Island -Wide Project Budget: $10 million + Completion Date: Ongoing Project Number of Days: Ongoing Item Citeria ; Score 1 Ability to manage the project costs (minimize change orders to scope). 9 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 9 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 98 8/21/2018 7:10 AM p. 21 ( �J 4. LOCATION 4n, The Mitchell & Stark/Johnson Engineering Design -Build team has multiple offices in Southwest Florida. Both firms have offices in Naples and Fort Myers. Naples is the Florida base for Mitchell & Stark and M&S also maintains an office and heavy equipment shop in Fort Myers. Mitchell & Stark owns and operates a very large heavy equipment fleet and all of it is based in Naples and Fort Myers. Johnson Engineering has offices in Fort Myers and Naples. Between our firms we have over 400 employees living and working in the Naples/Fort Myers area. Southwest Florida truly is our home. Through our many years of working in this area we have built and maintained very strong relationships with locally -based subcontractors, suppliers and consultants and will be utilizing many of them on the Northeast Service Area project. All members of our team, from the prime contractor and consultant to the subcontractors and suppliers that we use, have experience and knowledge of the unique construction environment here. We understand the local workforce, weather, economy and ground conditions. We also have experience working with Collier County on many successful projects. We are a Southwest Florida team. Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 19 U 5. RECENT, CURRENT, & PROJECTED WORKLOADS OF THE FIRM V 70 �r CD m S z � n a c o � �^ m C z T —i Qo m T O (m') m 0 C � With over 400 local employees, our team has the staff and resources to allocate to this project and ensure its success. We are committed to making our staff available to the County for this project, and we will allocate / reallocate staff as needed to meet deadlines, We have the capacity to accommodate changes to project schedules and complete critical paths on time. A summary of our team's projected workload and time available for this project is provided below. Current percentage of recent, current and projected workload of the proposing firm's project team. 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Percentage of time anticipated for this project Percentage of time dedicated to other projects ® Percentage of time available for future projects Collier County I RPS No. 18-7474 1 September 25, 2018O Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 0 i. u 6. FORMS 7-2 Copier County Solicitation 1 a-7474 Co w County Acnih atnh-o Servicos Doparlepo?t 'erA•-'sD"is n Form 2: Vendor Cheek List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your, Proposal Vendor should check off each of the following items as the necessary action is completed.. �y] The Solicitation Submittal has been signed. The Solicitation Pricing Document (Bid Schedule/Quote Schedule/etc.) has been completed and attached. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. �] Affidavit For Claiming Status as a Local Business, if applicable. Division of Corporations - Florida Departmcnt of State — http://dos.myflorida.com/sunbiz/ (If work performed in the Slate). {] E=Verify/Immigration Affidavit (Memorandum of Understanding). ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: Mitchell &Stark Construction Co,, Inc. 6001 Shirley Street Address: Naples, FL 34109 City,. State, Zip; Telephone: (239) 332-1632 Mwesthafer@mitchellstark,com Email; Representative Signature: Representative Name: Michael P. Westhafer, PE. Date 9/25/18 8/21/2018 7;10 AM p. 23 a /CCollier County solicitation 18-7474 Col ier C;oiiinty hdritristrotir¢ Scrrim� Depatrnc htcnteu�nl SRfdSM6 r��nn corm 3: Conflict of InOrest Affidavit The Vendor • certifies that, to the best of its knowledge and belief, the past and ctn'rent work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by :one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated pastor current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or perfoming systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts, In addition to this signed affidavit, the contractor / vendor must provide the following: 1, All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned project; and, 2. Indicate if the Information produced was obtained as a matter of'public record (in the "sunshine') or through non-puhlic (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means, Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referencedproject(s), By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Fim: Mitchell & Stark Construction Co,, Inc. Signature and Date: 9/25/18 Print Name: Michael P. Westhafer, RE, Title of Signatory: Vice President 8/21/2018 7:10 AM p 24 G� Collier County Solicitatlon 18-7474 GOt61' Cl7Hritj� Admiiistratreo SOPACOS DepNinW l 1'r�nt�r,r.+il sct�xzs Cr„r�sr. Form 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other,person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document forthe purpose of establishing a formal, contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor slates that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded.a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result of this awarded contract, 1N WITNESS WHEREOF, WE have hereunto subscribed our names on this 25th day of September 2d 8 in the County of Collier in the State of Florida Firm '.s Legal Name; Address: City; State, Zip Code; Florida Certificate of Authority Document Number Federal Tar identification Number *CCR b or CAGE Code *Only if Grant Funded Telephone: Signature by: (Typed and wri(ten) Title: 8121/2016 7:10 AM Mitchell & Stark Construction Co., Inc. 6001 Shirley Street Naples, FL 34109 35-0964820 (239) 332.1632 Michael R Vesthafer, RE Vice President p. 25. 0 8/21/2018 7:10 AM p. 26 0 Collier County Solicitation 18-7474 Additional Contact Information Send payments to: Mitchell & Stark Construction Co., Inc. (required if different fi•om Company name used as payee above) Michael P. Westhafer, P.E. Contact name: Title: Vice President Address: 6001 Shirley Street City, State, ZIP Naples FL 34109 Telephone: (239) 332-1632 Mwesthafer@mitchellstark.com Email: Office servicing Collier County to place orders (required if different fi•om above) Contact name: Title: Address: City, State, ZIP Telephone: Email: 8/21/2018 7:10 AM p. 26 0 Collier County Solicitation 18-7474 CrOLt1eY' G..Oti-YZtj� A�1w1i5hu1tW5arvixsOepartltiar! - PrsxreFrroiu `Af.k]A bl R6,-fi Form 5: immigration AffidavitCertific9tion This Affidavit is, •equired and should be.signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company, Failure to include this Affidavit and, acceptable evidence of enrollment in the E -Verify prop -ram may deem the Vendor's proposal as non- responsive. Collier County will not intentionally award County. contracts to any Vendor who knowingly employs unauthorized.alien workers,. constituting a violation of the employment provision contained in 8 U,S,C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA, Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to provide proofofenrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department oRomeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal, Company Name Mitchell '&, Stark Construction Co., Inc. Print Name Michael P. Westhafer, P.E. Title Vice President Signature — Date 925/18 Slate Of Florida r pr rub` Notary Public Slate of Floride Fart Donald ss Naas County of Collier �' c My Commission GG 1,14720 j Frpies02/1112022 The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made; 8/2112018 7;10 AM p• 27 0 Collier County Solicitation 18-.7474 C 11 �cllllv Aliw»q Aw Sm— pap wl n r t Form 6: VendorSubstitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the internal Revenue Service regulations, Collier County is requir.ed to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119,071(5) requires'that the county notify you In writing of the reason' for collecting this information, which will be used For no other purpose than herein stated: Please complete all information that applies to your business and return with your quote or proposal. 1, General Information (provide all information) Taxpayer Name MltChell & 5tarK-construction uo., inc. (as shown on hrcothe lar rehrrn) Rosiness Name(i/':d1i� �erenrfrout favp Pei, nunre) Address 6001'Shirley StreeT City Naples State Florida Zip 34109 Telophane 239 332-1632 Mwesthafer mitchellstark.com Order Information (Must be filled out) Remit / Payment Information (Must be filled out) Address 6001 Shirley Street Address 6001 Shirley Street City Naples State FL Zip 34109 City Naples Slate FL Zip 34109' Email Mwesthafer@mitchellstark,com 2. Company Status (check' only one) Individual / Sole Proprietor I J& Corporation _Partnership Tax Exempt (Federal income tax-exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC C 501 (c) 3) Enter the tax classification — — Corporation. P — 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Ntimber (TIN) 35-.0964822 Vendors who do not have a TIN, will.be required to provide a social security numberprior to an award 4. Sign and Date Form. Certification: Under enaflies o er u , ! cert that the i ormarion shown on thisform is correct l o mt knowledge, e, Signature Date 9/26118 Title Vice President Phone Number (239) 332-1632 8121/2018 7:10 AM' p� 28 i_' , _,N(: Form W-9 (Rev. December 20 11) Oopartment or )he Treasury Ihtemal Revenue Service Request for Taxpayer Give Form to the Identification Number and Certification send to the IF not send #o the IpS. Name (as shown on Your Income tax return) Mitchell & Stark Construction Co, Inc, Mulness name/dlsregarded entity name, if diiferent from above m Check appropriate box for federel tax classification: ❑ Individual/soie proprietor �] C Corporation Q s Corporation ❑ Partnership ❑ Trust/estate E]Limited Ilabll ty company Enter the tax classification (C-0 corporation, S=S corporation, P=partnerahlp) 01❑Exempt payee `o cu ❑ Other (see lnstructlons) ► _ Address (number, street, and apt. or suite no,) Requesters name and address (000orue) S 6001 Shirley St. _ m City, state, and ZIP code Naples, Fl. 34109 Ust account numbers) here (opuonal "— Saalel securi numbev Enter your TIN in the appropriate box, The TIN provided must match the name given on the "Name' line ri _ m to avoid backup withholding, For Individuals, this Is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other FM-- entities, it is your employer Identification number (EIN). If you do not have a,number, see How to get a TIN on page 3. Note. if the account Is In more than one name, see the chart on page 4 for guidelines on whose I Employer IdentMcetlan number —' number to enter, 3 5 – 0 9 6 A 8 2 0 Certification Under penalties of perjury, I certify that; 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting fora number lobe issued to me), and 2. 1 am not subject to backupwithholding because: (a) I am exempt from backup withholding, or (b) i have not been notified by the Internal Revenue Service'(IRS) that I am subject to backup Withholding as a result of a failure to report all Interest or dividends, or (c) (he IRS has notified me that I am no longer subject to backup withholding, and 3. f am a U;S, citizen or other U.S, person (defined below). Certification Insttmctlons, You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply, For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TiN, See the instructions on page 4. atytt(Signature of Here u.s. psrsan l General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number {TIN) to report, for example, Income paid to you, real estate transaclionsi mortgage Interest you pald, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, Use, Form W-.9 only If you are a U.S, person (including a resident alien), to provide your correct TIN to the person requesling It (the requester) and, when applicable, to: i. Certifythat the TIN'you are giving Is correct (or you are Waiting for a number td'be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U,S, exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership. Income from a U.S, trade or business Isnot subject to the withholding taxon foreign partners' share of effectively connected income. _ Date I. i/Iy/2r Note. If a requester gIves you a form other than Form W-8 to request your TIN, you must use the requester's form If itis substantially similar to this Form W-9. Deflnflion of a U.S. person. For federal tax purposes, you are considered a U.S, person If you are; • An Individual who Is a U,& citizen orU.S, resident alien, • A partnership, corporation, company, or assoclation created or organized In the United States or under the laws of the United Stales, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301;7701-7). Special rules for partnerships. Partnerships that conduct a trade or business In the United States.are generally requlred to pay a,wlthholding lax on any foreign partners' share of income from such business. Further,,in certain cases where a Form W-8 has not been received; a partnership Is required to presume that a'partner Is a foreign person. and pay the withholding tax. Therefore, if you are a U,S. person that is a partner In a partnership conducting a trade or business in the United States, provide Form W -g to the partnership to establish your U,S. status and wMd Withholding on your share of partnership Income. Cal. No. 10231x Form tRev, m� Collier County Solicitation 18-7474 INSURANCE AND BONDING REOUIREINENTS - - 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ® Employer's Liability 3, ® Commercial General Liability (Occurrence Form) patterned after the current ISO form $_1,000,000 single limit per occurrence Bodily Injury and Property Damage $_1,000,000 single limit 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. 4, ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees fiom 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 Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned/Hired; Automobile Included 6. ® Other insurance as noted: ❑ Watercraft $ Per 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 ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ 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. 8/21/2018 7:10 AM p. 30 CAO Collier County Solicitation 18-7474 8. ❑ Performance and Payment For projects in excessof $200,000, bonds shall be submitted with the executed Bonds contract by Proposers receiving award, and written for 100% of the 'Contract award amount, the cost.bome by the Proposer receiving an award, The Performance and PaymentBonds 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°/a 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. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet, The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions, 10, N 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. 1 I. ® 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. 0 Thirty (30) Days Cancellation Notice required.. 8/13/18 CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Finn Vendor Signature Print Name Insurance Agency Agent Name Mitchell & Stark Construction Co., Inc. pate 9/25/2018 Michael P. Westhafer, P.E, Assured Partners of Indiana, LLC Lyndsay Myers Telephone Number (317) 844-9910 6121/2018 7:10 AM P. 31 cqo 2018 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# 845897 Entity Name: MITCHELL & STARK CONSTRUCTION CO„ INC. Current Principal Place of Business: 170 W FIRST STREET MEDORA, IN 47260 Current Mailing Address: P.O. BOX 219 MEDORA, IN 47260 FEI Number: 35-0964820 Name and Address of Current Registered Agent: PENNER, BRIAN R 6001 SHIRLEY STREET NAPLES, FL 34109 US FILED Jan 10, 2018 Secretary of State CC1915288966 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing Its registered office or registered agent, or both, In the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title TREASURER Title PRESIDENT Name HARRISON, FRED C Name PENNER, BRIAN R Address 6236 WEST CR 50 NORTH Address 6540 HUNTERS ROAD City -State -Zip: MEDORA IN 47260 City -State -Zip: NAPLES FL 34109 Title VAS Title VAS Name SCAFIDI, DAVID C Name NEAL, LEO D Address 2229 SW 50TH STREET Address P.O. BOX 368325 City -State -Zip: CAPE CORAL FL 33914 City -State -Zip: BONITA SPRINGS FL 34136 Title VAS Title DIRECTOR Name WESTHAFER, MICHAEL P Name PENNER, JEANNE M Address 4510 PINE ROAD Address 6540 HUNTERS ROAD City -State -Zip: FORT MYERS FL 33908 City -State -Zip: NAPLES FL 34109 Title ASST. SECRETARY Title ASST. SECRETARY Name PENNER, MITCHELL KEITH Name SPARKS, CONNIE S. Address 6540 HUNTERS ROAD Address 367 E. STATE ROAD 250 City -State -Zip: NAPLES FL 34109 City -State -Zip: BROWNSTOWN IN 47220 I hereby certity that the Information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or directorofthe corporation or the receiver or trustee empowered to execute this report as requi ed by Chapter 607, Flodde Statutes; and that my name appears above, or on an attachment vdth all otherlike empowered. SIGNATURE: BRIAN PENNER PRESIDENT 01/10/2018 Electronic Signature of Signing Officer/Director Detail Date Collier County I RPS No. 18.7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 03& Collier Conjity Administrative Services Division Prewrement Services Date: 09/05/2018 From: Adam Northrup To: Interested Bidders Email: adam.northrup@colllercountyfl.gov Telephone: :(239) .252-6098 Addendum 1 Subject: Addendum #1 18-7474 — NESA Interim Treatment Plant and Associated Pipelines The following change is made to the above mentioned Collier County solicitation: In response to a question in the online forum, the sign in sheet for the 08/30/2018 Prebid is attached to this addenda. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Mitchell & Stark Construction Company, Inc. (Name of Firm) 9/25/2018 Date T GoT[ier County Administrative Services Division Procurement Services Date: 09/07/2018 From: Adam Northrup To: Interested Bidders Email: adam. north rup@colliercountyfl.goV Telephone; (239) 252-6098 Addendum 2. Subject: Addendum # 2 18-7474 — NESA Interim Treatment Plant and Associated Pipelines The following change is made to the above mentioned Collier County solicitation: In response to o question in the online forum, the presentation from the prebid meeting is being attached to this addenda as the file titled "18-7474 — Ad2 'NESA Powerpoint". If you require additional information please post a question on the Online Bidding site or contact me at the information noted above, please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation, 9/25/2018 (Signature) Date Mitchell & Stark Construction Company, Inc. (Name of Firm) C: owner Counlly AdmiNstraiive Services Division Procurement Serylces Date: 09/07/2018 From: Adam Northrup To: Interested Bidders Email: adam;northrup@colliercountyfl,gov Telephone: (239) 252-6098 Addendum 3 Subject: Addendum # 3 18-7474 — NESA Interim Treatment Plant and Associated Pipelines The following change is made to the above mentioned Collier County solicitation: In response to a question in the online forum, a draft of the County's standard Design Build Contract is attached to this addenda in the file titled "Design -Build Contract Template", 'If you require additional information please post a question on the Online Bidding site or contact me at the information noted above, Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 9/25/2018 (Signature) Date Mitchell&.Stark Constructlon Company, Inc. (Name of Firm) wticsmn,ewea�+oa -wHatHaN zca[u. stcarratn d kr BTATE.OF FLORIDA DEPART n Always wft Eames w0no at to h,aae,txa.,m—m. . o� ' o Do d.W this Eo�ument in any form. a1 t- Thlshrwrticemesittsurdawfulfor anyone other than the licensee to use this cl—ent Stat - .1�'rida Boal Efineers FB E Is Uccused as a Professi n ngittEet r;q is JCiiaptcr 471, Plorlda Statutes Lrxpirattom 2/3E/2019 ;. - PZ Lc: Not Audit No: 12S2h19We97 It 47316 Northeast Service U eadiosixed undeIr the mms1. III 61i juWz "itausti 4' istIfew ;a" it '471:z CA Ur. 119 AudIt No., r, We-, iM& q, Ni6feqA19A"BiIi-byqi and Happer' Dt#ipteoiI 4LOVANO jol Mori MicInTmo, 1K "I'lo, ADMM='CONIM. ")MMME Ie suthotl"A twa-st the pto.1 to the petblic thtough o Ptofel 8aptred0 n: 'Pr "/U/-. A �,Nw vM10047 47 R AFBPE lairc �-- to offu ditaft'Ticea 471, Ftkd&. Stetutex U Le. Not Stawl,- ltz�owida 6 -on Xfigi Boaro., T -to ects mole that FBPE Is licei=W ae, a PkofestiloualSngiJ a tChap4er 471, Florida Sistutes Exp4al cint 3/28/20 19 P.H. Uc- Not Audit Nos 2211161938622 A 21022 Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 0 35 K Stat1. e - LEE COUNTY LOCAL BUSINESS TAX RECEIPT boat&' A M7. thdlt A—MEpi—Sept-1.0% 2018 Dia gy,I FBPE Jolic0sedgmaprofession.ig a PhApier 471,. Flo da Statlites: 2/10/2919 101 HMD.Y Ie suthotl"A twa-st the pto.1 to the petblic thtough o Ptofel 8aptred0 n: 'Pr "/U/-. A �,Nw vM10047 47 R AFBPE lairc �-- to offu ditaft'Ticea 471, Ftkd&. Stetutex U Le. Not Stawl,- ltz�owida 6 -on Xfigi Boaro., T -to ects mole that FBPE Is licei=W ae, a PkofestiloualSngiJ a tChap4er 471, Florida Sistutes Exp4al cint 3/28/20 19 P.H. Uc- Not Audit Nos 2211161938622 A 21022 Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 0 35 2017-2018 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number 97001.12 A—MEpi—Sept-1.0% 2018 101 HMD.Y Fr My"s MIMI TIM L—K-1 —AEMI IS 1XIN —111-M IEJ.A MOIIiAR&-SOC34TESINC CELMOLNAR & ASSMATES INC 101 HFJ:0Y ST IT RYM M 33.1 r— so. Ie suthotl"A twa-st the pto.1 to the petblic thtough o Ptofel 8aptred0 n: 'Pr "/U/-. A �,Nw vM10047 47 R AFBPE lairc �-- to offu ditaft'Ticea 471, Ftkd&. Stetutex U Le. Not Stawl,- ltz�owida 6 -on Xfigi Boaro., T -to ects mole that FBPE Is licei=W ae, a PkofestiloualSngiJ a tChap4er 471, Florida Sistutes Exp4al cint 3/28/20 19 P.H. Uc- Not Audit Nos 2211161938622 A 21022 Collier County I RPS No. 18-7474 1 September 25, 2018 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 0 35 Company ID Number: 99962 111E. E4VERI YPROGRAMTOR j;MPLOYME,NT VE,W, IC'ATION MEMORANDUM OF UNDE $TANDJNC ARTICLE I PURPOSE A" AUTHORITY This Memorandum of Understanding. (MOI sets forth the points .of agreemient betwe u 'the Social Security Administration_ (SSA), ,the Department of Homeland ,Security (DH and Mitchell & Stark Construction C%, Inc. (Employer) regarding the Employer's p. 6pipa ion:in the Employment Eligibility Verification Program (E -Verify). E -Verify .is a program in whi h the employment eligibility of all newly hired employees will be confirmed after the Empiqnuent Eligibility Verificatiou Form (Form 1-9) }las bean completed; Authority for. the E -Verify program .is found in Title IV, Subtitle A, of the illegal Immij Reform and 1mm1grant,Responsibility Act of.1996 (ARIL A), Pub, L. 104208,110 $W. M amended (8 U.S.C. § 1324a note). ARTICLE II FUNCTIONS TOM PERFORMED A. RESPONSIBILITIES OF THE SSA as 1. Upon completion of the Form 1-9 by the employee and the Employer, and provid the Employer complies with the requirements of this MOU; SSA agrees to provide the Ertl foyer with available information that allows -the Employer to confirm the accuracy of So6ial:9 curty Numbers provided by all newly hired employees and the employment authorization o U.S, citizens: 2, The SSA agrees to provide tp the Employer appropriate assistance with operi tional ,problems that may arise during the Employer's participation in the E-Verify:program Th .SSA agrees .to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be. contacted, during the R -Verify process. 3. The, SSA agrees to safeguard the information provided by. the -Employer, through' he:E Verify program ,,procedures, and to limit access ,to suchinformation, as is appropriate by'l iw, to individuals responsible for the verification,of'Social 'Security Numbers and for evaluation ,f the &Verify, , program or such other ;persons or entities who may be authorized by the SM as governed. by the Privacy Act (5 V.S,C § 552a), the Social Security Act (42 U.S.C. 1306(a), and SSA. regulations (20 CPRPart 401), 4; SSA egress .to .establish a mems of automates verification that is; lesiga d (iii conjunction with 'OHS'S automated system if necessary) to provide confirmation or to tatiVe noneonfir'maton of US citizens' employment eligibility and accuracy of SSA records fo both citizens and aliens Within.3 Federal Govertiment work days of the initial inquiry.. 5; SSA agrees. to establish: a.means of SecondaryVerMc4tion (including gpdati,' SSA records as may. be necessary).for employees who contest'SSA•tentative noneonfunuatio*a. af:is designed to provide 'final confirmation or noncorifirmation of U.S, citizens' empl', meat 0 :Cgmpany iD .Nutnbert 99962 eligibility and 'accuracy of SSA records for both citizens~ and aliens 'within 10 Orsi 'thin work days, of the date of referral to.SSA,, unless;SSA determines that morefl an IO days may be necessary. In -such 'cases, SSA will provide additional verification instructionslpp' B. RESPONSIHMUMS OF THE DEPARTMENT OF -HOMELAND SEC i, 1. Upon. completion of the Form T;9 by the employee and the Employer and SSA Verifies the accuracy of SSA records for aliens .through E -Verify, 'DHS agrees to.prp4ife the Employer access to selected dataIrom DHS!s database to enable the -Employer to conduct; • Automated verification checks on newly'hired alien grimployees by electronicmea `and + Photo verification checks (when available) on newly hired alien employees, ff 2. DIIS agrees to provide to the Employer appropriate assistance with operational p lems that may arise during the. Employees participation in the S -Verify program, ORS ag me's to provide the Ernployer names, titles,, addresses, and telephone numbers of DHS represents I es to be contacted during the E -Verify process, 3, DHS .agrees to provide to the Employer a manual (the'E-Verify Manual) cor 'instructions on E -Verify policies, procedures and roquirements for both SSA and!DHS, in restrictions on the. use of E -Verify,, DHS agrees to provide training materials on E.'"lerify. 4. DHS agrees to provide to the Employer a notice, which indicates the Eml o, oye..es participation in the E. -Verify program. DHS also agrees to provide to the Bmploy anti- discrimination notices issued by the .Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, and-U;S, Department of Justice, 5, DHS agrees to issue the'Employer a user identification :numbor and password.that the Employer to,vafify inforritation.provided' by: alien.employees�withDHS's database: 6 DIIS agrees to safeguard theinformation provided to DHS, by the Employer, and, 'limit access to such 'information to individuals responsible for the verification of alien empla iment eligibility and for evaluation of the'E-Verify program, or to such other persons.or entities z may be authorized by applicable law. Information will be used only to verify the accuracy o ocial ,Security Numbers and employment eligibility; to, enforce the .Immigration and National I y, Act and federal criminal'laws,.and to ensure acourate wage reports to the SSA, q, DHS' agrees to establish a means ,of automated verification. that is do conjunction with 'SSA yo ification procedures) to provide confirmation or: nonconfirmation. of employees'.' employment eligibility within 3 Federal Crovernmeitt Of the, initial inquiry, 81 DHS agrees to establish a means :of secondary Verification (including updating DHS records;as:may be necessary) for employees,Who contest DIIS�tentative npncohfirmatio s and pboto non-rgatcl tentative nonconficmations .that . is designed to provide finaL eonfrm on oz; npncgnfinmation of the ,employees' employment eligibility'within I , Federal Governn o work ,days of the dote; of'referral to DHS, unless DOTS detormings 'tlwt more than Lb, day's y bo. necessary, to such. cases, :pPTS will provide addAtioa41 verifiication instructions. (9 Company M Nutdber .99962 C, USPONSIBMITIES OF THE EMPLOYER 1. The;Employer agrees to .display.the notices. supplied by DHSari a prominent plathat is clewlyvisible.to prospective employees, 2: The Employer agrees to.provide.to:the SSA and DHS the names, titles;.address , and; telephone numbers of the .Emplbyer, representatives to be contacted regarding E. �ierify. I The'Employer agrees to become familial with: and comply with the Verify Man ' 1. 4, The Employer agrees that any Employer Representative who will pedorm empl :went verification queries will. complete the E -Verify Tutorial before that .individual initis any queries. A. The employer agrees that all employer representatives will take, the r esher tutorials initiated by the E•Verify program as.a•condition of oontinued u' of E - Verify. ,B. Failure to. complete -a refresher tutorial will prevent the employer from cc Wed'use.ofthe program. 5, The 'Employer agrees to comply with established Porm 1-9 procedures, w1 two exceptions; 6 If an employee presents -a "List B" identity document,: the Employer agrees to onl ecept "List B" documents that contain a photo. (List B documents identified in 8 C ,R, § 274a.2 (b) (1) (B)) can, be presented during the Form I-9 process to establish idea;' ). • Xf an employee presents a DHS Fo,�m I-551 (Permanent Resident Card) or Fp I-:766 ((Employment Authoritation Document) to complete ' the Forin l-9, the Employer grecs to make a.photocopy of the document, and to retain the photccopy with the emp, Jyeols. Form I-9. .The employer will use the photocopy to verify the. photo and to as st the Department with its review ofphota non-matohesthat are contested by employee, , Note that employees retain the right to present any List A, or I;ist B and List C., documt tatiou to complete the Form .I-9. DHS may in.the future designate other documents that I Itivato the photo screening tool. 61 The Employer understands that participation, in E, -Verify does not, exempt the EToyer froth the,responsibility to complete, retain, and make available for inspection FormsT-9 #h' relate to its employees, or from other requirements of applicable regulations or laws, Oxcept r the following modified requirements applicable by 'reason of the Employer's particlpat3o.' in E Verify; (1) identity documents must `have ;photos, as described in ;paragraph 5 above (2) a. rebuttable presumption is established that the Employerhas not violated section 274A(a)(l A)'of the Immigration and .Nationality Act (INA) with .respect 7 to. the hiring of any individ if it ebtaitss confurnation of the identity and employment teligibility of the:individual in cpm 'ance With thes . termand conditions of &Verify ; (3) the Employer must notify DHS if it eon_` es:to employ any employee atter receiving: a final >nonconfirmatJon, and is sgbject to a civil i ioney Penalty between $500 and. $1;000 for each facture to potify DIIS of continued empl ) iment following a final nonconfirmation, (4) the Employer is subject to a rebuttable presumptio has knowingly employed an unauthorized alien in violation of ,section 2'T4A(a)(1)(A at it ' the Bmplayer continues to employ any employee after receiving a finel noncotifirmation; as : S) no person or entity participating in E -Verify is civilly Or, crimitially liable under any law r any ®�J Company -M NuMber: 99962 action taken In -good' faith on information provided through the conrmati6n sy&tc 1 DHS reserves the right to conduct Form 1-9 compliance inspootions durin the :course ofFVo 9 O.As well!asto,wndlict,�ny,other enforcement-activity.law. auffiarized by, 7. The Empl6yet agrees to Initiate E -Verity verification procedures within ,3 E o Toyer business days after each employee has been hired (but after both SOCHOILS I and of-, Fi ma 1.9 have boon completed), and to complete as many (but only as many) Stops of the &Ve�; 0 c as. are necessary according, to the E-Verify.Marvual. The Employer is prohibited from "Mating t verification procedures, before the eMP19yoo has beta hired and the Form 1-9 complete mp, te If the . automated system to bequeTie 'd Is temporarily unavailable'the May time period is a tided until it i& again operational: in order to accommodate the Employer's attempting,.in good th, to ,make inquiries during the period of unavailability. In all cases,,tht Employer must use SSA verification; procedures first and use DHS verification. procedures. and photo screening to only after the the 88A verification response has been given. 8, The Employer agrees riot to use E -Verify pr000dures for pre-omployment aor ad, I ng of job applicants, RUPPOrt for any unlawful employment practice, or any other use not authoT ;'ad by this MOU. The Employer must use &Verlf y for all now employees and will not ver only certain employees selectively, The Employer agrees not to use E -Verify proc6duroshr re. P h vorific4tion, or for employee hired before the date this MOU is in effort, The 1]oyer understands that if the Employer uses H-Vorify procedures for any purpose other 'an as authorized by this MOU, the Employer may be subject to appropriate legal fiction d the immediate termination of its access to SSA and DHS information Pursuant to this MOU.11 9. The, Employer agrees to follow appropriate procedures (see Artitic MR Blow) LB regarding tontativd nonconfirmations, including notifying employees of the. 9 findiag, pi ridm'g I 110 written referral instructions to employees, allowing employees to contest the finding. d not taking adverse action against employees if they choose to contest the firiding, p A6 when en VMPIOYOOS contest a, tentative nollconfirmation based upon a photo noll�match, the EM or is required to take affirmative steps (see Article UIRUIOW) to 0011tilot DHS with lation necessary to resolve the challenge. 10i TholEmploy.er agrocs not to take any adverse action against as based 5 )n the OMPIPYcOs enlPlOYMOOt eligibility status while SSA or DHS Is processingthe verificationj.. , 1quest unless theEmployer obtains knoWledge, (a deiinedIrin 9 C.F.R. § 274a.1(1)) that the eiri oe is riot work authorized. The Employer understands that an initial iinability of the SSA DRS automated verification to verify work Auftrization, a tentative rionconfMation, or theV ng of a photo non -match; does not mean, and should not be interpreted as, an indicAtion't �t' the =010y'Ce. isnot work authO d. In any of the cases listed above-, the employee must be P Vid A 6d the opportunity to contest the findia& and if he or she does So,. may not be terminated o suffer any adverse. employment,consequences until and unless secondary Verification by SSA c J)It9 has boon completed and'a final nonconfirmati6r, .has:b'6en issued. If the employee d0es no(�4000 to contest a tentative - nonconfirmation or a photo non -match, then : the Employer can �ffid the elmployft'is not work. authorized and, take the appropriate action, 11. The Employer agrees to comply with section 270 of it'he INA by not discrim iating unlawfully or recruitment or Tef�" unlawfl against anyindividua in hiring, firing, PrAetices hoc J ise of IiSor. her-Inatiobal origin or, in the case of a protected individual 0 defined in s (a)(3) of 'the INA, because of his: or: her citizenship status, The Employer understands that su 0�i Ilega 3 . practices can include selective verification or we of &Verify, discharging or. refusin ' t hire eligible omployces because, they appear or sound and premature torm' imn i )n of I Company IDNumber: 999'62 employees based upon tentative nonconfirmationa,, and that any violations of thq eir immigration -related employment practices provisions of the INA could subject the Emil (or to civil. penalties pursuant to: section 274B of the INA and the termination of its,part cipati ', in.E. Verify, If the Employer has any questions, relating to the anti -discrimination provision, i hould contact OSC_at 1800-255=7688 or 1-800-237=2515 (TDD), 12; The Employer agrees to record the case verification,number on the employee's 1-9 otio print the screen containing.the case; verification number,and attaoh it to theemployet�' Form a-9, 13. The Employer agrees that it will usq the'in#ormation it receives from the SSA DHS pursuant to E -Verify and this 1vIOL only .to confirmthe employment eligibility of ne ' -hired employees after completion of the Form -9, The 'Employer agrees . that it will safe r I this information, and ncans of access to it (such as PINS and passwords) to ensure that it is used for.any other, purpose andasnecessary to protect, its confidentiality, including ensuring t if is not 'disseminated to any person other than employees of the Employer who are autho d to perform the Employer's responsibilities undor this MQU. 14. The Employer acknowledges that the information .which it receives ifroM 4. 1 13A is governed by .the Privacy Act (5 U.S.C. § 552a (i),(t) and (9)) and the Social Security ilt (42 U.S.C, 1;306(a)), and that any person who obtains this information under falsepretenses o es it for any purpose other than,as provided for in this MOU may subject to criminal penalti 15. The Employer agrees to allow DHS and SSA, or their authorlmd agents or desi es,.to make periodic visits: to the Employer for the: purpose of reviewing E -Verify -related robb II i.e., Fornis I-9, SSA Transaction Records, and AHS verification:records,. which were create wring the Employer's.participation in the E -Verify Program. b addition, for the purpose of ev I: ting E -Verify, the Employer agrees -to allow DHS and SSA or their• authorized agents ,or des! es, to interview it regarding its experience with E -Verify, to interview employees hired during I S lerify use ;ooacerning their experience with the pilot, and to make employment and E-VerifyIated records available to DHS and the SSA, or their designated agents or designees. Failure to i imply with the terms of this paragraph may lead DHS to terminate the'Employer's access to E -Y , fy, ARTICLE III REFERRAL OF INDWMUALS TO. THE SSA. AND THE DEPARTMENT HOMELAND SECURITY A. REFERRAL. TO THE SSA 1:, If the Employor receives a tentative nonconfirmation issued ,by SSA, ,the;Emplo roust print'the #eiitative nonconfirtnation notice; as directed by the automated system and prow it to the employee.so'that the employee may detetmine whether he or'she will'contost the Wivenonewfinnation. 2;, The 'Employer will refer employees to SSA field' offices only . as directed Y the automated system based ort a tentative nobeorifumation,.and only after the Employer zeC Is the case verification number, reviews the input to detect any.tramaction errors, .and detetra s that the eniployee;contests the tentative uonconfWnation. The Employer wi4l transmit th' ocial Security Number to SSA for verification again if this review' indicatesa need to do k. The ;Company 1D Number ;99962 Employer will determine whether the employee contests the. tentative uonconrumation as I Was possible atter the $mployeX receives it: 3. If the employee, contests an SSA tentative .noncon#3mmtlon, °tlie ..:Employer will. oxide the employee with a referral letter sod instruct the employee .tq visit an SSA office to res ' l e the discrepancy. within 8 Federal Govek9mant work days. The Employer will make a second quirt' to the SSA database using E Verify procedures on the date that, is 10 Federal Ggvernme work days after the date of the referral in ordento obtain confirmation, or final: nonconfuntatio ess otherwise instructed by SSA or unless SSA determines that more than 10 days js Mec to resolve the tentative nonconfirmation., 4, The Employer agrees not to ask the employee toobtaina printout: from tl Security Number database (the Numident) or other written Verification of the Social Number. from -the SSA. B. REFERRAL TO THE DEPARTMENT OF HOMELANDSECURITY 1. If the. Employer receives a tentative nonconfitmation issued' by DHS, the Emp103 must print the tentative nonconfirmation notice as, directed by the automated system and prov it to the employee so that the, employee may determine .whether he or she will contest the t tative nonconfirmation, 2, if the Employer finds a photo non -match for an alien who provides a document f hich the automated` system has transmitted a photo, the employer must print the photo no -match tentative nonconfirmation notice as directed by the automated system and ,provide i o the employee so that the employee -may determine whether he or she will contest the finding,. 3. The Employer agrees to refer individuals.to DHS only when the employee ch,es to contest a tentative nonconfirmation received from DHS' automated verification process when the Employer issues a tentative nonconfirmation .based. upon a photo non -match. The E foyer will determine whether the employee contests -the tentative, nonconfirmatiou as soon as ssible after the Employer receives it, A. If the employee contests a tentative nonconfirinadon: issued by DHS, the Empic vIT will provide the employee with a referral letter and instruct the employee to contact the De tment through itS toll -flee hotline within 8 Federal Governmentwork days. 5. If the employee contests a tentative noncordhination:based on a photo non7maxh, the Employer will provide ,the employee with a referral letter to DIES. DHS will eo4lectrk ically transmit the result of the referral to the Employer within 10 Federal Govemment work da of the referral.unless it determines that more than 10 days, is necessary. 6. The Employer agrees that if an employee :contests .a . tentative .npnoonfumatlo based upon a.photo. non -match, the' Employer will send a copy of the employee's. Form,I=551 or rrrr I- 766 to'DUS for review by; • 'Scinning.and uploading.the document, or • Sending a,photocopy of tho.document'by-an express. mail account (fi rnislaod and id for by�DHS); 161 CompanyjD Number: 99962 7. The Employer understands that if it cannot determine 'whether there is I q photo motch/non-match, the Employor is required to forward the:emplpyee's documentation to by scanning and uploading; or byy sanding thm document as described in the preceding pArap and resolving4he cyse as specified'by, the Immigration Services'Verifier at DI3,S who will d. mine. the, photo match or non -match: ~ARTICLE IV SERVICE PROVISIONS T SSA and.MM will not charge the Employer for votification services performed -u . r this MOU. The Employer Is responsible for providing equipment needed to make inquiries. T ess the E -Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PANTIES This MOU is effective upon the signature of all parties; .and shall continue: in ef%ct for as 14 ng as the SSA and ;DR.S conduct the E -Verify program unless modified in writing by the utual consent of:all parties, or 1orminated by any party upon. 30 days prior written notice to theothers. Any and all system enhancements to the E -Verify program by DRS, or SSA, including bt not limited:to the E=Verify checking against additional data sources and instituting new ver ation procedures, will be Covered under this MOV and will not cause the need for a supplement OU that outlines these_ changes. DHS ,agrees to train employers on all changes made to 1, Verify through the use of mandatory refresher tutorials and updates to the. 'E- Verify manual Even without changes to 4 -Verify, the Department reserves the right to: *equire employers take mandatory refresher tutorials. Termination by any: party shall ,terminate the MOV as to all .parties. The SSA or DE 8 may terminate this MOV without prior notice, if deemed necessary because of the requirem.ont3 of law or policy, or upon a determination by SSA or DHS that there has been a breach of s ystem I ntegrity or security by the Employer, or a failure on the part of the Employer to.compr,, with established procedures or ,legal requirements. Some or all SSA and DHS responsibilities:under, this MOU may be performed :by contracter(s), and SSA and DHS may adjust veli tion responsibilities between each other as theymaydetermine, Nothing in this MOU is intended, or should be construed, to create any right or ;petit, substantive or. procedural, enforceable at law by any third party. against 1be United S s, its agencies,; officers, or employees, or against the Employer, its agents, officers, or employe Each_ party shall be olely responsible for defending any<claim or action against it arising o -o£ or related to E -Verify or this MOP, whether civil ,or Mznirial,,and for any'liability whe Vfrom,, including Out not limited to), any dispute between the Employer and any other person o entity regarding the applicability .of Section :403(d) of IIRIRA to any actio wtaken,or allegedly' en�by the'Etnployer.. j The employer understands that the fact of its participation in :E -verify is not inforrnRtioii and may be - disclosed as authorized .ot ,required. by law and D1 iS or including but no,'t .limited to, Congressional oversight, E-Vgri£y ,publicity and;me( and responses to inquiries under the'Fresdow of Information Act#01A). 0 Company ID Number: 99962 The foregoing constitutes the full agreement on this subject between .the SSA, DHS, Employer. The individuals whose signatures appear below represent that they are authorized to e6 this MOU,on, behalf of the Employer and DHS respectively. To be accepted as a participant in E -Verify, you should`only sign the Employer's Se the signature page. If you have any questions, contact E -Verify Operations at $ 4218, Employer: Mitchell & Stark Construction Co., Inc, Matthew $elwig Name.(Please type or print) Title EiectronicalUy Signed 02/13/2008 Signature Date Department of Homeland Security — Verification Division USCIS Verification Division Name (Please type or print)' Title Electronically Sighed 0211312009 Signature Date 11 I the into of 00-0 Company ID. Number: 99962 INFORMATION REQUIRD FOR THE E -VERIFY PROGRAM Information relating to your Company; Company Name: Mitchell .& Stark Construction Co Inca Company Facility Address: 170 West First St; Company Alternate Address: County or Parish: JACKSON Employer Identification Number: 3$0964820 North American Industry Classification Systems Code, 237 Patent Company: Number of Employees: 20 to 99 Number of Sites Verified for: 2 Am you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State,. 10 INDIANA 1 site(s) • .FLORIDA 1 sites) Information relating to the Program Administrator(s) for your Company on policy questions or operational p Name: Matthew J nolwig Telephone Number: (812) Q66 , 2151 Fax Numbcri (812) 966 - 2862 B -mail Address: mhelwig@mitchellstgrk wm Name; Belinda BurgbAtber Telephone.Nurnber; (239) 597 4165 Fax Number: (239) 666- 7865 E-mail Address: bburgbncher@mitchollstark.com Name; Connle'Sparks Telophone. Number: (812) 966 - 2161 Fax Number; (812) 966 -2862 E-mail Address; o0arks@mitcheAstar1Lcom M-Iij , o, 1. Transmittal letter & executive HINS N summary 119W INK 1. Transmittal Letter & Executive Summary 2.Project Team Approach ......................................................... 3.Technical Information ....... ------.--.1 _______________g Collier County | RPS No. 10-7^m|January 8, 2019 0 1. TRANSMITTAL LETTER& EXECUTIVE SUMMARY Fm m y m �^ a c ,- � m �m--i a -{ �o m ® Transmittal letter & executiveJOHNS N summary V 1iPF January 8, 2019 Collier County Government, Procurement Services Division 3295 Tamiami Trail East, BLDG C-2 Naples, FL 34112 Re: RPS 18-7474: Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks Dear Selection Committee: Enclosed please find our Step 2 response to RFP 18-7474 for the Design -Build of the Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines. This response is submitted on behalf of the Mitchell & Stark Construction Company, Inc, and Johnson Engineering, Inc. Design -Build team. We have received, reviewed and understand the requirements of RPS 18-7474 and agree to be bound by those requirements, including all addenda. Legal evidence of the authority to execute and sign this proposal is included at the end of Section 3. Technical Information. Our Exhibit C — Price Proposal Page has been transmitted to you under separate cover. We acknowledge receipt of Addendum 1, Addendum 2, Addendum 3, Addendum 4, Addendum 5, Addendum 6, Addendum 7, Addendum 8, Addendum 9, Addendum 10, Addendum 11, Addendum 12, and Addendum 13, The signed addendums are included at the end of Section 3. Technical Information. The principal contact person for our team is Mike Westhafer. My contact information is listed below. On behalf of the Mitchell & Stark/Johnson Engineering team I thank you for the opportunity to propose on this project. Sincerely, MITCHELL & STARK Michael Westhafer, PE, Vice President Mitchell & Stark Construction Company, Inc. 6001 Shirley Street, Naples, Florida 34109. (239) 332-1632 ext. 224 mwesthafer(amitchellstark.com Collier County I RPS No. 18-7474 1 January 8, 2019 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks Odd 1. Transmittal letter &executive LIJI'lJOHNSON summary 1. Project Team Approach The Mitchell & Stark and Johnson Engineering design -build (DB) team is highly qualified for this project, Both firms have completed hundreds of projects with similar components in Southwest Florida. Both firms have worked together on 40+ projects over the past 10 years and have developed an outstanding working relationship. The County will leverage our combined experience, capabilities, and resources to ensure the success of this project. Our team also offers the advantage of a prime - contractor, which (1) guarantees that construction crews will be available, and (2) avoids time lost to bidding services that would occur if a contractor is not on board at this stage. Our team includes subconsultants Cella Molnar and Associates (CMA), Source, Inc., and Select Structural. Mitchell & Stark and Johnson Engineering have worked extensively with Cella Molnar over the years, and we enjoy a strong working relationship, Cella Molnar will lead public relations and community outreach components of this project. Source Inc. is an efficient and experienced engineering firm based in Southwest Florida. They will handle aspects related to design and construction of the water and wastewater treatment facilities for this project. Our team's philosophy for this project is to provide maximum quality and value to the County at a cost-effective price. Project Goals and Objectives We understand the County's goal of providing an interim wastewater treatment facility, irrigation quality (IQ) water storage tank and pump station, and potable water storage tank and pumping capabilities adjacent to the future Big Corkscrew Island Regional Park (BCIRP) located in the northeast section of the County. We also understand that time is of the essence with this project, particularly the portion that will be constructed through the BURP. Our team has coordinated with suppliers regarding packaged treatment facilities and developed three alternatives that may be desirable to the County. Our team is led by one of the largest utility contractors and largest locally -owned engineering firm in Southwest Florida. Together, we have the resources and capabilities to meet the aggressive schedule required by the County. Project Delivery Our team has already put a significant amount of planning into this project as part of preparing the guaranteed maximum price (GMP). We know the County's standards and expectations, which allows us to move quickly through early planning/design tasks and start construction activities. Our team members have worked together on large design -build projects in the recent past, and we are well -experienced with how design -build projects should be managed and executed. With over 300 local employees, ourteam has the staff and resources to allocate to this project and ensure its success. Our team also offers the advantage of a prime -contractor, which (1) guarantees that construction crews will be available, and (2) avoids time lost to bidding services that would occur if a contractor is not on board at this stage. Furthermore, Mitchell & Stark will be self -performing this project using a minimum of subcontractors, which will result in significant time savings. Collier County I RPS No, 18-7474 1 January 8, 2019 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 9 1. transmittal letter &executive"S'lJOHNSON summary Project Management This project will require significant coordination and management efforts between design/engineering and construction teams, as well as with the County. Our management team is efficiently structured with one Principal in Charge, one Senior Project Manager, and three Project Managers assigned to the three major disciplines of this project. This structure is cost-effective for the County and provides for efficient communication, coordination, and decision making. All managers are local and have experience working together and with the County. Our management team will be hands-on throughout the entire process, working together and with the County to identify opportunities, address challenges, and mitigate risks. Our team has the resources of large competitors, but our management structure provides the attention and responsiveness of a small firm. The Mitchell & Stark/Johnson Engineering design -build team has multiple offices in Southwest Florida. Both firms have offices in Naples and Fort Myers. Combined, our team has over 300 employees living and working in the Naples and Fort Myers areas. Our firms have the staff and resources to complete this project within the expedited timeframe required by the County. Mitchell & Stark has 15 pipe installation crews and 4 plant construction crews located in Lee and Collier counties. Johnson Engineering offers an extensive portfolio of in-house services that will be relevant to this project. Johnson Engineering's utilities, survey, and environmental groups will play key roles in this project. Johnson Engineering will also provide supporting services to Source Inc. for the WWTP design and permitting. Select Structural will provide supporting services for structural designs, which primarily include foundations and tanks. The County has specified an aggressive timeline for this project, which will require carefully planning and execution, Our team has already put a significant amount of planning into this project as part of preparing the GMP. We know the County's standards and expectations, which allows us to move quickly through planning/design tasks and start construction. We are ready to begin contract negotiations with the County upon selection of our team, and we are ready to start this project immediately upon receiving the notice to proceed (NTP). Construction Resources Mitchell & Stark is one of the largest utility contractors in southwest Florida. We have a large workforce and decades of experience with similar projects. Knowledge of local conditions helps us avoid issues and find solutions in challenging environments. We will provide construction equipment from our own fleet of more than 270 machines. By utilizing our own fleet of equipment, we eliminate the logistics of renting equipment. Together, these resources reduce project risk from the County's perspective. Project Meetings One of the greatest benefits of our team is the fact that we are local. Our management staff can meet with the County as necessary and on demand. We will never be more than a phone call or 30 minutes away. We place great importance on meeting in-person because it makes us accountable to our clients. County staff will not have to navigate a convoluted maze of project managers with our team because we avoid unnecessary and extraneous management structures. For this project, we proposed the following approach to meetings: Collier County I RPS No. 18-7474 1 January 8, 2019 Northeast Service Area (NESA) Interim Wastewater Treahent Plant, Storage Tanks 1. Transmittal letter &executive� JOHNS N summary Schedule Our team has developed a master schedule and segment/task-specific schedules, all of which are included in this package. Our proposed schedule is approximately 2 years and includes approximately 20 months of construction (a portion of which will occur concurrent with various design phases). This project includes approximately 190,000 feet of utility pipeline broken into four base -bid segments (Segments 1 — 4; 104,000 feet) and two alternate -bid segments (Segments 5A and 56; 84,000 feet). As desired by the County, our schedule prioritizes Segments 1 and 2. We have sufficient capacity to design and construct all pipeline segments, including the alternate -bids, within a two-year timeframe. Segment 1 Segment 1 includes approximately 6,800 feet of utility piping along NE 39th Avenue. Our schedule has Segment 1 designed and constructed within 10 months of receiving the NTP. Upon receiving the NTP, we will prepare 60% construction plans within 60 days and 100% construction plans after an additional week. Obtaining permits from the Florida Department of Environmental Protection (FDEP) and Collier County Right of Way (ROW) is expected to take 45 days, and we will submit applications at the 60% plan level. This segment will not require environmental permitting. Construction will begin upon obtaining the County ROW permit and is expected to take 21 weeks from mobilization to turnover. Mitchell & Stark plans to have one pipe installation crew working on this segment, but additional pipe crews can be allocated if necessary. Segment 2 We understand the that the County is prioritizing Segment 2 to avoid conflicts with the future BCIRP development. Segment 2 includes approximately 24,500 feet of utility piping, Our plan is to have Segment 2 designed and constructed within 7 months of receiving the NTP. Upon receiving the NTP, we will prepare 60% construction plans within 45 days and 100% construction plans within an additional week. The Environmental Resource Permit (ERP) and Site Development Permit (SDP) for Segment 2 will piggyback on the BCIRP permits, Obtaining permits from the FDEP is expected to take two weeks. Construction is expected to take 24 weeks from mobilization to turnover. Mitchell & Stark plans to have two pipe installation crews working on this segment, but additional pipe crews can be allocated if necessary. Segment 3 Segment 3 includes approximately 25,000 feet of utility pipelines located on the NESA plant site. Our schedule starts construction of these utilities approximately 7 months after receiving the NTP, with pipeline construction taking approximately 8 months. This segment will require an SDP, ROW, and building permitting through Collier County, which we have allocated approximately 22 weeks to obtain. These utilities will also require ERP permits for construction at the plant site and canal crossings, both of which are expected to take approximately 15 weeks. In addition, this segment will require ROW permitting through the SFWMD and Big Cypress Basin, a task allocated 90 days. These utilities will be constructed concurrently with treatment plant facilities, which are expected to take approximately 60 weeks for construction. We plan to assign one pipe installation crew to Segment 3, but additional pipe crews can be allocated if necessary. The pipe installation crew will work in conjunction with the plant crews for this portion of the project. Segment 4 Segment 4 includes approximately 48,000 feet of utility pipelines along NE 41st Avenue. Our schedule allocates a total of 26 months for this segment, of which 5 months are projected for actual construction, beginning approximately 9 months after the NTP. We have allocated 14 weeks for design, starting approximately 60 days after the NTP, and 120 days for permitting, which we will begin during the 60% design stage. This segment will require an ERP, but we expect that because construction will occur in existing road ROW, permitting requirements will not be excessive. Permitting through the SFWMD, Collier County ROW, and FDEP for water/wastewater facilities will also be required, Mitchell & Stark plan to assign three pipe installation crews to Segment 4, but additional pipe crews can be allocated if necessary. Collier County I RPS No, 18-7474 I January 8, 2019 Northeast Service Area (NESA) Interim Wastewater Treatrnenl Plant, Storage Tanks a 1. Transmittal letter & executiveJOHNS N summary —:13CIUMN M, Segment 5A While Segment 5A is an alternate bid, our team is confident that we can have it designed and constructed within the two-year timeframe for the rest of the project. This segment includes approximately 19,000 feet of utility pipeline along NE 18th Street and 20th Street. We have budgeted approximately 7 months for design and permitting and 200 days for construction from mobilization to turnover. This segment will require permitting through the SFWMD, Collier County ROW, and FDEP. We plan to assign one pipe installation crew to Segment 5A, if awarded, but additional pipe crews can be allocated if necessary. From NTP to turnover, we have allocated approximately 11 months for this segment of the project. Segment 513 Segment 5B is also an alternate item. Our schedule can accommodate this segment, and have it designed and constructed within the two-year timeframe. This segment includes approximately 65,000 feet of utility pipeline along Everglades Boulevard. We have budgeted approximately 14 months for design and permitting and 150 days for construction, We plan to assign two pipe installation crews to Segment 513, but additional pipe crews can be allocated if necessary. From NTP to turnover, we have allocated approximately 24 months for this segment of the project. Treatment Plant, Storage Tanks, and High Service Pumps The wastewater treatment plant, water storage tank, and IQ storage tank pump stations will be constructed as part of Segment 3. Design and engineering of these facilities has been allocated 180 days in our schedule. A Preliminary Engineering Design Report (PEDR) for the wastewater treatment plant, including the rapid infiltration basin (RIB) effluent disposal basis of design will be prepared prior to completing the 60% plans. The PEDR will include hydrogeological site testing, mounding analysis, basis of design, and groundwater monitoring plan. As part of this, nearby residential wells, on-site non -potable wells, and the location of the south on-site lake water line will be obtained to identify RIB setbacks. Approximately 14 months are allocated for construction of the treatment plant, storage tanks, and high -service pumps. Mitchell & Stark has up to four plant construction crews that are available for this project. The package-plant/integrated system vendors will be responsible for installing equipment they provide. Mitchell & Stark will be responsible for all other components, including (but not limited to) site work, yard piping, concrete work, electrical, roadway, and fencing, Our team will work closely with the treatment plant vendor to ensure delivery and construction of the facilities occurs within the allotted time. Permitting Our schedule allocates approximately 8 months for permitting activities. Our team is prepared to take over any prior permitting efforts at the start of the project. Segment 2 includes separate permitting tasks to expedite design and construction. We expect to permit the rest of the project as a whole. Environmental resource permitting is expected to take approximately 6 months, assuming there are no extenuating conditions that warrant more intensive permitting, Our team will begin the permit application processes at 60% plans. Collier County I RPS No, 18-7474 1 January 8, 2019 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks O�7 ® Transmittal letter & executive JOHNS N summary 111111334MILIF `.ate and federal environmental permitting process as quickly as possibl is as muchas possible. SAGE may also require consultation with the`USFWS for potential impa vey protocols for certain species (including the Florida bonneted bat, Aud require surveys to be conducted during specified times of the year d icles. Additionally, FWS survey protocols often require ;that the entire r ✓ey`for it to be considered valid, Our team will conduct species-specific su luring the project design phase to avoid missing a portion of a required ntil the following season). will be prioritized. We plan to obtain a site development Early Work p n clearing and earthwork while site development and mechanical plans itted for concurrent review with the SDP to expedite this process. irted prior to the obtaining the building permits, but no vertical constru mit' is issued. We will apply for building permits for individual structures Je;highly recommend pre' -submittal meetings with the owner and the G dl parties are aware of any specific requirements. eer of record inspections in lieu of County staff inspectors as'appropri Critical Paths The most critical aspect of this project is environmental permitting. We understand that the County has started this process, but there is likely to be long -lead permit review requirements by the USAGE. ead item due to automatic permit review by the -mitting burdens for this project. We are also prepar d by others to avoid unnecessary delays. -ossings. completed construction plans prior to the perm! ✓pork permit to allow clearing and earthwork to pr( !sands of feet of large -diameter jpipeline and dozens of large valves. s from the start of the project to identify long -lead items and ensure n on ` nd will continue coordinating with the package treatment plant vendorfor ign Report (PEDR) for the wastewater treatment plant. An early work a )g,icalsite testing, mounding analysis, and report, We will need the hydre 60% plans, which we have estimated at 30 days after NTP. The PEDR )Ian. -ate nearby residential wells as well as any on-site non -potable wells ani 1e to enable us to layout the RIBS in accordance with regulatory requirer fitted for concurrent review with the SDP to expedite this process. arted prior to the obtaining the building permits, but no vertical constr tnit'is issued, We will make use of engineer of record inspections in lieu to expedite permitting, Collier County I RPS No. 18.7474 i January 8, 2019 6 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 1. Transmittal letter &executive P bF11JOHNS N summary County Input The design -build approach is intended to reduce construction time and increase responsiveness to field conditions. Our team is very familiar with County staff, allowing us to handle day-to-day decision making in accordance with the County's standards and preferences. We intend to make this project as easy as possible for the County and avoid drawing upon your staff for minor issues. However, given the nature and scope of this project, the County will need to provide input and utilize internal resources to expedite certain tasks. Community Outreach Community awareness and communication will be critical to the success of the design -build project. To kick-off the project, a public information workshop will be held to allow the public to provide comments at the onset of the project. Three additional public meetings will be held during the design phase of the project. A four-page newsletter will be mailed to the surrounding community describing the project and inviting the public to the meetings, including property owners at Waterways of Naples and Orange Blossom Ranch, and the Palmetto Ridge High School, The newsletters will also be mailed to elected officials and agency representatives. Press releases including detailed project information will be sent to all local media and additional information will be provided as requested. The public meetings will also be advertised in the Naples Daily News. A preconstruction public information workshop will be held to inform.the surrounding community about what to expect during construction. The public information workshop will allow the public to review the plans and have one-on-one discussions with the project team, including the design -build team, Collier County personnel and the contractor. The proposed maintenance of traffic (MOT) plan will also be available to give the public an initial look at any future travel pattern changes during construction. A 24-hour "hotline" will be provided to assist the public. The contractor and all subcontractors will be required to carry point -of - contact cards that will be given to the public and the media in the field directing them to contact CMA for information concerning the project, This allows the contractors to continue working uninterrupted and will ensure that the public and media are receiving the most timely and accurate information. Politically sensitive issues will be brought immediately to the attention of County staff. Traffic Control Plan Mitchell & Stark will follow all FDOT indexes when preparing traffic control plans for the project. Mitchell & Stark has employees who can prepare, sign, and seal these plans as necessary. We will work with the Collier County ROW Department in preparation of these plans and will incorporate any of their requirements. The major traffic control plan for this project will be for open cutting Immokalee Road. Mitchell & Stark is experienced in open cutting major roadways, and we are prepared to work with the County to successfully perform this task. Collier County I RPS No. 18-7474 1 January 8, 2019 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 1. Transmittal letter &executive � JOHNS N summary Demolition and Restoration The project requires demolition of two small structures that are onsite. Mitchell & Stark will obtain a demolition permit for this work. Mitchell & Stark will examine the structures for any environmental issues. During the demolition, Mitchell & Stark will follow all government standards to avoid hazardous conditions. We will restore the site to existing ground conditions, and seed and mulch the area as necessary, Noise & Odor Abatement We do not anticipate noise or odor from the treatment facilities exceeding acceptable limits. All noise levels will be maintained at or below the allowable Collier County ordinance limits. Noise levels will be maintained within the ordinance limits both during construction and during normal plant operations. Odors from the treatment process, although generated as a byproduct of treatment, are not expected to be unacceptable. We are addressing the most likely source of odor at the treatment plant headworks by covering the headworks chambers and ducting the odorous air through a scrubber system. Site Security We will install the permanent site fencing as early as possible during construction to provide site safety and security. We will secure our construction storage areas with temporary barriers as needed. Site access during construction will be controlled, and only authorized personnel will be allowed onsite. Clearly visible signage for permitted access will be furnished. Collier County i RPS No. 18-7474 1 January 8, 2019 Q Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 8 E) 2. PROJECT TEAM APPROACH s -o O m m D a 0 a n 0 2. Project team approach � JOHNS N 1. Project Team Approach The Mitchell & Stark and Johnson Engineering design -build (DB) team is highly qualified for this project. Both firms have completed hundreds of projects with similar components in Southwest Florida. Both firms have worked together on 40+ projects over the past 10 years and have developed an outstanding working relationship. The County will leverage our combined experience, capabilities, and resources to ensure the success of this project. Mitchell & Stark, founded in 1955 in Medora Indiana, opened its first office in Florida in 1981 in Naples. In 2007, a second office in Fort Myers was opened and completed projects in Collier, Lee, Hendry, Charlotte, Glades, Sarasota, Manatee, and Desoto counties. Mitchell & Stark are experts in constructing water, sewer, storm drainage, earthwork, roadway, and golf course infrastructure. They also provide emergency services to Collier County and the City of Marco Island. The engineering and managerial expertise of Founder Ralph Mitchell, Former President Fred Harrison, and CEO Brian Penner has made Mitchell & Stark an industry leader for the past 64 years. The long stability of the company is due to the integrity, expertise, and vision of its leaders, Johnson Engineering is a full-service engineering firm founded in 1946 and based out of Fort Myers with satellite offices located in other municipal areas throughout Southwest Florida, including Naples. Johnson Engineering provides the capabilities and resources of large firms and the agility and responsiveness of a small firm. Johnson Engineering's extensive suite of in-house design and engineering services will provide the County with a one-stop shop for most design and technical aspects of this project. We anticipate that our utilities, survey, site development, and environmental groups will provide the core services for this project. Our surface water management, landscape design, and development groups will provide input as needed. Our team includes subconsultants Cella Molnar and Associates, Source, Inc., and Select Structural. Mitchell & Stark and Johnson Engineering have worked extensively with Cella Molnar over the years, and we enjoy a strong working relationship. Cella Molnar will lead public relations and community outreach components of this project. Cella Molnar's public relations experience will allow the County to focus on the engineering and construction side of the project and provide residents with the best possible venue for receiving notifications, asking questions, and expressing any concerns. Source Inc, is an efficient and experienced engineering firm based in Southwest Florida. Johnson Engineering and Source have worked together on 14 projects over the past 30 years, including the Muse Village Phase 1A water and wastewater treatment plants. Mitchell & Stark has also worked with Source on several recent projects, Source will handle design and engineering aspects of the wastewater treatment facility, IQ tanks/pump station, and water storage tank/pump station for this project. 1A. Philosophy Our philosophy for this project is to provide maximum quality and value to the County at a cost-effective price. To this end, our philosophy for this project is as follows: Collier County I RPS No. 18-7474 1 January 8, 2019 9 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 9 2. Project team approachP JOHNS N 1B. Key Resources Mitchell & Stark is one of the largest utility contractors in southwest Florida. We have a large workforce and decades of experience with similar projects. Knowledge of local conditions helps us avoid issues and find solutions in challenging environments. Our relationships with suppliers and subcontractors will be leveraged to ensure this project is constructed on time and meets the County's needs. We have capacity to bond this project, can acquire materials in a timely fashion, and will provide construction equipment from our own fleet. Our heavy equipment fleet totals more than 270 machines and is valued at approximately $65 million. By utilizing our own fleet of equipment, we eliminate the logistics of renting equipment. Together, these resources reduce project risk from the County's perspective. 2. Design -Build Team 2A. Management Team This project will require significant coordination and management efforts between design/engineering and construction teams, as well as with the County. Our management team is efficiently structured with one Principal in Charge, one Senior Project Manager, and three Project Managers assigned to the three major disciplines of this project. This structure is cost-effective for the County and provides for efficient communication, coordination, and decision making. All managers are local and have experience working together and with the County. Our management team will be hands-on throughout the entire process, working together and with the County to identify opportunities, address challenges, and mitigate risks. Our team has the resources of large competitors, but our management structure provides the attention and responsiveness of a small firm. President/Principal in Charge — Brian Penner (Mitchell & Stark) The Principal in Charge for this project will be Mitchell & Stark President Brian Penner. Since 1986, Brian has led Mitchell & Stark's Florida operations. First as Vice President of the company and now as the President, Brian has built a solid team of both design and construction professionals. With hundreds of employees in Southwest Florida, Mitchell & Stark has been successfully designing and building projects in Collier County since the 1980s. Our team is dedicated to professionalism, safety and building trust with owners, suppliers and subcontractors. This dedication has been key to our ability to solve problems and tackle difficult projects. Brian will be the person in overall charge of the team. Collier County I RPS No. 18-7474 1 January 8, 2019 1 O Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks I E) 2. Project team approach JOHNS N .7 Senior Project Manager — Michael Westhafer, PE, CGC (Mitchell & Stark) Michael Westhafer from Mitchell & Stark will serve as the Senior Project Manager for this project. Mike has been with Mitchell & Stark since 1986 and came to Florida in 1992 to focus on developing our treatment plant division. Mike is a registered Professional Engineer and a Certified General contractor. He has been the lead on several design -build projects including our National Design -Build Award-winning project in 2013 for design and construction of the North Lee RO WTP in Lee County, He has built water and wastewater treatment plant projects of all sizes in Collier County since his arrival here in the 1990s. Mike will be the project manager for this design -build effort and will coordinate with Mitchell & Stark and Johnson Engineering personnel. Design Team Project Manager: Mike Dickey, PE (Johnson Engineering) Mike Dickey of Johnson Engineering will oversee engineering and design services provided by Johnson Engineering and our sub -consultants. Mike serves as the firm's director of the utilities market group and has 21 years of experience on utility projects. With both utility design and construction experience, Mike has a comprehensive understanding of the entire utility development process from planning to design, to permitting through construction, and knows how to develop a design that works both in theory and in practice. WWTP Construction Project Manager: Josh Peterson, EI (Mitchell & Stark) Josh came to Mitchell & Stark in 2014 upon graduation from Florida Gulf Coast University's Civil Engineering program. He is currently an Engineering Intern and will be sitting for his PE examination in April 2019. He has been working closely with Mike on all our recent Florida treatment plant projects. He has experience with traditional design -bid -build as well as design - build projects. He was most recently instrumental in construction of a water treatment plant and a wastewater treatment plant at a new community being developed in Charlotte County, He has experience working with Collier County at their treatment plants and is familiar with the Orangetree facility. Josh will be the deputy project manager for the team and will work closely to coordinate the design and construction efforts. Pipeline Installation Project Manager: David Scafidi (Mitchell & Stark) David has been a project manager at Mitchell & Stark since 1999 and is currently Vice President of Utility Operations, He has been responsible for the administration and construction of various multi -million -dollar contracts. His projects have included treatment plant modifications, re -use water pump stations, raw water well field systems, sanitary sewer force main and gravity systems, potable water, re -use water & irrigation water systems, storm drainage systems, aerial utility crossings, sheeting & shoring, roadway, bridge construction and site development. David's primary expertise is underground utility construction, and he oversees and manages all of our Florida underground utility construction. He has extensive experience in bidding and managing construction contracts, working both in conjunction with or directly for owners, contractors, utilities, transportation departments, construction managers and engineers. 2B. Staffing The Mitchell & Stark/Johnson Engineering design -build team has multiple offices in Southwest Florida. Both firms have offices in Naples and Fort Myers. Combined, our team has over 300 employees living and working in the Naples and Fort Myers areas. Our firms have the staff and resources to complete this project within the expedited timeframe required by the County. Mitchell & Stark has 15 pipe installation crews and 4 plant construction crews located in Lee and Collier counties, In addition, they own and maintain a heavy -equipment fleet in Fort Myers. We have sufficient manpower and equipment available for this project. Johnson Engineering, together with sub -consultants Source Inc., and Select Structural, have the staff to complete design and engineering required for this project. Johnson Engineering offers an extensive portfolio of in-house services that will be relevant for this project. Johnson Engineering's utilities, survey, and environmental groups will play key roles in this project. They will be supported by the site development, surface water management, and landscape groups as well. Johnson Engineering will also provide supporting services to Source Inc. for the WWTP design and permitting. Select Structural will provide supporting services for structural designs, which primarily include foundations and tanks. Collier County I RPS No. 18-7474 1 January 8, 2019 11 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 0 ® Prdect team approachJOHNS N 3. Project Execution The County has specified an aggressive timeline for this project, which will require carefully planning and execution. Our team has already put a significant amount of planning into this project as part of preparing the GMP. We know the County's standards and expectations, which allows us to move quickly through planning/design tasks and start construction. With over 300 local employees, our team has the staff and resources to allocate to this project and ensure its success. Our team also offers the advantage of a prime -contractor, which (1) guarantees that construction crews will be available, and (2) avoids time lost to bidding services that would occur if a contractor is not on board at this stage. Furthermore, Mitchell & Stark will be self - performing this project using a minimum of subcontractors, which will result in significant time savings. 3A. Project Startup We are ready to begin contract negotiations with the County upon selection of our team. Because our team and our resources are locally based, we offer the highest level of responsiveness to the County. Our team is ready to start this project immediately upon receiving the notice to proceed (NTP). We will schedule a kickoff meeting within two weeks of the NTP to lay out our plan for the project. We also propose to conduct preliminary field investigations with County staff to identify their concerns and/or preferences at an early stage. 36. Meetings One of the greatest benefits of our team is the fact that we are local, Our management staff can meet with the County as necessary and on demand. We will never be more than a phone call or 30 minutes away. We place great importance on meeting in-person because it makes us accountable to our clients. County staff will not have to navigate a convoluted maze of project managers with our team because we avoid unnecessary and extraneous management structures. For this project, we proposed the following approach to meetings; 3C. Schedule Our team has developed a master schedule and segment/task-specific schedu of which are included in this package. Our proposed schedule isapproximate 2 years and includes approximately 20 months of construction (a portion of which will occur concurrent with various design phases). This project include approximately 190,000 feet of utility pipeline divided into four base -bid segm (Segments 1 — 4; 104,000 feet) and two alternate -bid segments (Segments E and 5B; 84,000 feet). As desired by the County, our schedule prioritizes Seg 1 and 2. We have the capacity to design and construct all pipeline segments including the alternate -bids, within a two-year timeframe. Mitchell & Stark ple to allocate one to four pipeline installation crews to the project concurrently a construction of the various segments progresses. However, additional crews be allocated to this project as necessary to meet the proposed schedule, Collier County I RPS No. 18-74741 January 8, 2019 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 12 �O G 2. Project team approach JOHNS N 5 r- 4 ki� o £ o KI t'. d3 rIti t r U ( rE M 2 -:f , rn rn rn rn rn m rn rn rn rn rn 0') 0 0 0 0 0 0M 0 0 0 0 0 M C:, 0 0 0 N N N N N N N N N N N N N N N N N N N O O O O O O O O O O M O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N �V N N N N N N c0 j-ZZ 6) 7 "d ti W o0 N N O = N C_4 N N N N 00 M ■ Segment 1 ■ Segment 2 a Segment 3 --1 Segment 4 ® Segment 5A ® Segment 5B 200,000 180,000 _ Segment 05 160,000 _ __ Segment CL 140,000 Segment 4 5A Complete _ oww� 4 120,000 - - 100,000 Segnient'3 ; Segment 2 ...' 80000 k r4t#{K9' Complete t Complete �� r� a 60,000 P Segment 1�k�, Complete"..f� 40,000 �., U 20,000 O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N O O O O O O O O O C� O O O O O O O O O O O O O O O O O O O O O N ` N N N N N N N N N N N N N N N N N N N = N N N N N N N_ N N cfl h— � a0 6i O O N N M M N (� N A N N O.— M�� 7 N N N �n LO co rn o a� c+� irk cD ti ao m rn o ■ Segment 1 ® Segment 2 w Segment 3 ri Segment 4 ■ Segment 5A ® Segment 5B Collier County I RPS No. 18-7474 1 January 8, 2019 13 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 2. Project team approach [JR JOHNS N Segment 1 Segment 1 includes approximately 6,800 feet of utility piping along NE 3911 Avenue. Our schedule has Segment 1 designed and constructed within 10 months of receiving the NTP. Upon receiving the NTP, we will prepare 60% construction plans within 60 days and 100% construction plans after an additional week. Obtaining permits from the FDEP and Collier County ROW is expected to take 45 days, and we will submit applications at the 60% plan level. This segment will not require environmental permitting. Construction will begin upon obtaining the County ROW permit and is expected to take 21 weeks from mobilization to turnover. Mitchell & Stark plans to have one pipe installation crew working on this segment, but additional pipe crew(s) can be allocated if necessary. Segment 2 We understand the that the County is prioritizing Segment 2 to avoid conflicts with the Big Corkscrew Island Regional Park (BCIRP) development. Segment 2 includes approximately 24,500 feet of utility piping. Our plan is to have Segment 2 designed and constructed within 7 months of receiving the NTP. Upon receiving the NTP, we will prepare 60% construction plans within 45 days and 100% construction plans within an additional week. The ERP and SDP permitting for Segment 2 will piggyback on the BCIRP permits. Obtaining permits from the FDEP is expected to take two weeks. Construction is expected to take 24 weeks from mobilization to turnover. Mitchell & Stark plans to have two pipe installation crews working on this segment, but additional pipe crew(s) can be allocated if necessary. Segment 3 Segment 3 includes approximately 25,000 feet of utility pipelines located on the NESA plant site. Our schedule starts construction of these utilities approximately 7 months after receiving the NTP, with pipeline construction taking approximately 8 months. This segment will require an SDP, ROW, and building permitting through Collier County, which we have allocated approximately 22 weeks to obtain. These utilities will also require ERP permits for construction at the plant site and canal crossings, both of which are expected to take approximately 15 weeks to receive. In addition, this segment will require ROW permitting through the South Florida Water Management District (SFWMD) and Big Cypress Basin, which we have allocated 90 days for. These utilities will be constructed concurrently with treatment plant facilities which are expected to take approximately 60 weeks for construction. We plan to assign one pipe installation crew to Segment 3, but additional pipe crew(s) can be allocated if necessary. The pipe installation crew will work in conjunction with the plant crews for this portion of the project. Segment 4 Segment 4 includes approximately 48,000 feet of utility pipelines along NE 415' Avenue. Our schedule allocates a total of 26 months for this segment, of which 5 months are projected for actual construction, beginning approximately 9 months after the NTP. We have allocated 14 weeks for design, starting approximately 60 days after the NTP, and 120 days for permitting, which we will begin during the 60% design. This segment will require an ERP, but we expect that because construction will occur in existing road ROW, permitting requirements will not be excessive. Permitting through the SFWMD, Collier County ROW, and FDEP will also be required. Mitchell & Stark plan to assign three pipe installation crews to Segment 4, but additional pipe crew(s) can be allocated if necessary. Segment 5A While Segment 5A is an alternate bid, our team is confident that we can have it designed and constructed within the two-year timeframe for the rest of the project. This segment includes approximately 19,000 feet of utility pipeline along NE 18'h Street and 201h Street. We have budgeted approximately 7 months for design and permitting and 200 days for construction from mobilization to turnover. This segment will require an ERP and permitting through the SFWMD, Collier County ROW, and FDEP for wastewater facilities will also be required. We plan to assign one pipe installation crew to Segment 5A, if awarded, but additional pipe crew(s) can be allocated if necessary. From NTP to turnover, we have allocated approximately 11 months for this segment of the project. Segment 513 Segment 56 is also an alternate item. Our schedule can accommodate this segment, and have it designed and constructed within the two-year timeframe. This segment includes approximately 65,000 feet of utility pipeline along Everglades Boulevard. We have budgeted approximately 14 months for design and permitting and 150 days for construction. We plan to assign two pipe installation crews to Segment 5B, but additional pipe crew(s) can be allocated if necessary. From NTP to turnover, we have allocated approximately 24 months for this segment of the project. Collier County I RPS No. 18-7474 I January 8, 2019 14 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks m Project team approach RIJOHNS N Treatment Plant, Storage Tanks, and High Service Pumps The treatment plant, IQ storage tank and pumping station, and potable water storage tank and high service pumps will be constructed as part of Segment 3. Approximately 6 months are allocated for design and permitting of these facilities, with approximately 14 months allocated for construction. A Preliminary Engineering Design Report (PEDR) for the wastewater treatment plant, including the rapid infiltration basin (RIB) effluent disposal basis of design will prepared prior to completing the 60% plans, The PEDR will include hydrogeological site testing, mounding analysis, basis of design, and groundwater monitoring plan. As part of this, nearby residential wells, on-site non -potable wells, and the location of the south on-site lake water line will be obtained to identify RIB setbacks. Mitchell & Stark has up to four plant construction crews that are available for this project. The package-plant/integrated system vendors will be responsible for installing equipment they provide. Mitchell & Stark will be responsible for all other components, including (but not limited to) site work, yard piping, concrete work, electrical, roadway, and fencing. Our team will work closely with the treatment plant vendor to ensure delivery and construction of the facilities occurs within the allotted time. 3D. Permitting Our schedule allocates approximately 8 months for permitting activities, Our team is prepared to take over any prior permitting efforts at the start of the project, Segment 2 includes separate permitting to expedite design and construction, We expect to permit the rest of the project as a whole. Environmental resource permitting is expected to take approximately 6 months, assuming there are no extenuating conditions that warrant more intensive permitting. Our team will begin the permit application processes at the 60% plan stage. Segments -1 and 2 are not expected to require new/additional environmental permitting. Segment 1 will be constructed with road ROW, and Segment 2=will piggyback on environmental permitting for the BCIRR a Environmental resource permitting will automatically trigger review by the U.S. Army Corps of Engineers (USACE) when impacting water bodies. This also applies to crossings, regardless of installation method (aerial, open -cut, or, directional drill) and end points :(upland 'to upland). This is a new rule that is effective in 2019. Permitting through the' USACE is a long; lead item, so our team will start the permitting process for the treatment plant site and other pipeline segments immediately upon receipt of the NTP. • The project area is within Florida panther secondary zone, bonneted bat focal area, red -cockaded woodpecker ittatinn nrimn i innd gtnrk core foraaina area, crested:caracara consultation; area, and has a bald eagle nest e east. Our environmental group will identify permitting needs, mitigation appro ronmental impacts and decrease permitting burdens make identification of wetland and surface water impacts a top priority to ii nmental permitting process as quickly as possible. 3k to project timing is due to the project area and surrounding areas containi vetlands or surface waters. associated with the onsite lake to the south of the WWTP will require USACE Se ~al review process and associated U.S. Fish and Wildlife. Service (USFWS) c( critical path for the project schedule. ISACE review times for individual permits 'currently take between 18 and 24' al,to initiate the USACE dredge and fill permit process as soon as possible.t ch areas and develop alter ACE may also require cons ncluded in the survey for it to be'cor7 lications being received by the feder-, e Endangered Species Act of'-19-Y'3- Assessment f 1973: Assessment and prepare the require Collier County I RPS No, 18-7474 1 January 8, 2019 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 15 2. project team approach �11JOHNSON 3E. Critical Paths The following are critical path items that we have identified for the project schedule. The most critical aspect of this project is environmental permitting. We understand that the County has started this process, but there is likely to be long -lead permit review requirements by the USACE. ironmental permitting is a long -lead item due to, automatic permit review by the USACE. C roaches to limit environmental permitting burdens for this project. Recent USACE review times for individual permits currently take; between 18 and 24 months. It the USACE dredge and fill permit process as soon as possible to reduce the overall permitting; delays. Review of the request by USACE may require consultation with the U.S, FWS for potential in listed species. Adopted survey protocols for certain species (including the Florida bonnet( crested caracara and bald eagle) require, surveys to be conducted during specified times --1-1 eAA+ir�r nity-P\A/.q ctirvav nrntnnnl.- nften renuire thal ;d in the survey for it to be col rantageous'to conduct specie se to avoid missing a portion it ROW crossings. ;cific surveys that may _be reqs required survey season (thus action plans prior to the p I early work permit to allow clearing and earthwork to proceed K In Report (PEDR) for the wastewater treatment plant, including the Beds to be provided (and work schedule( The PEDR will also include the groundwa report prior to the completion of the 60% nearby residential wells, as well as any or e to enable us to layout the RIBs_in accord Collier County i RPS No, 18-7474 1 January 8, 2019 16 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 2. Project team approach � ]OHNS N 3F. County Actions and Review The design -build approach is intended to reduce construction time and increase responsiveness to field conditions. Our team is very familiar with County staff, allowing us to handle day-to-day decision making in accordance with the County's standards and preferences. We intend to make this project as easy as possible for the County and avoid drawing upon your staff for minor issues. However, given the nature and scope of this project, the County will need to provide input and utilize internal resources to expedite certain tasks. 3G. Public Outreach Community awareness and communication will be critical to the success of the Design -Build project. To kick-off the project, a public information workshop will be held to allow the public to provide comments at the start of the project. Three additional public meetings will be held during the design phase of the project. All meetings will be held in the vicinity of the project. A four-page newsletter will be mailed to the surrounding community describing the project and inviting the public to the meetings including property owners at Waterways of Naples and Orange Blossom Ranch and the Palmetto Ridge High School. The invitation newsletters will inform the public of the time and location of the public meetings and provide information on the toll free "hotline" where residents may call to ask questions or voice specific concerns. The newsletters will also be mailed to elected officials and agency representatives. Press releases including detailed project information will be sent to all local media and additional information will be provided as requested. The public meetings will also be advertised in the Naples Daily News. A preconstruction public information workshop will be held to inform the surrounding community about what to expect during construction. The public information workshop will allow the public to review the plans and have one-on-one discussions with the project team including the Design/Build Team, Collier County personnel and the contractor. The proposed maintenance of traffic (MOT) will also be available to give the public an initial look at any future travel pattern changes during construction. CMA staff will work with the contractor and County staff daily to provide the community with up-to-date MOT information and ensure the public is informed about all aspects of the project. CMA will attend the weekly construction meetings to ensure that upcoming activities are relayed to the public. In addition, CMA will have phone contact with the CEI consultant and the contractor 24 hours per day. This provides staff the ability to resolve issues immediately and "get the word out" to the public via the media if unanticipated traffic or utility disruptions occur. Many techniques have been used in the past by our team including project post cards, newsletters, point -of -contact cards, a project website, variable message boards, local media and one-on- one contact. Collier County I RPS No. 18-7474 1 January 8, 2019 1 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks I 2. Project team approach L,11JOHNS N 7 A 24-hour "hotline" will be provided to assist the public. The contractor and all subcontractors will be required to carry point -of - contact cards that will be given to the public and the media in the field directing them to contact CMA for information concerning the project. This allows the contractors to continue working uninterrupted and will ensure that the public and media are receiving the most timely and accurate information. Politically sensitive issues will be immediately brought to the attention of County staff. If any utility disruptions occur on the project, the public will be informed through the media and by door-to-door flyers. In addition, CMA will be available to make presentations to homeowners' associations and civic organizations to provide project updates. 3H. Information Management Our team will utilize industry -accepted practices for information management. This project will generate a significant amount of documentation, which our team will electronically archive and provide to the County as a deliverable. However, our management team will prioritize in-person meetings because we understand that the County's staff will not have time to review every document/detail during construction. Meetings provide opportunities to discuss important items without getting lost in pages and pages of documentation. 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Cn W v CL U W a O - N M Y N b n m T N Vl V LL 10 m ❑� E 9a m h i 11 b N O u° ❑ J 13Z cy Q ❑0 c0 N Ya' n 'u c m O� c V � T H Q � a ` �a c nnE vvE Tn LL W W a` Y Z Q �/� 1F.a_ v/ � O ° R ww NNl : o Z ❑ ^/ W Om Q K A E m N 'rp E E U) LLLJ °0 _ m )ZZ aa o s wJ W't N m W 0. 2 !4 a.� uOCnF- F- Z ' O ` < Z U) LtJ LLI < F- LLI a U' WUZ ® FF-- wXIxOU) Unp�—cna z�Q� oaz11 oQ�e zo F- m m N m V lNl- (O r �2 W N O V Z- O Y. W L tD th O O O O`^ N T M zz M F- M Z Cn CO ___ r E m m C2 -&T rn_— m m rn Q N O v O o N r m to c i0 c [o o m o o o m c �O c to c C� N E y Eo �.._, (n (�. VI N tq N N H i U1U1 N N (q N to o v `�`i M rn o r ^ uoi coo M V fD W C W R N ❑' O ?1 O 3 c m m N CL V IO_' - R r CL N In H rn N o R ° o c W c O a y ❑_ m o o • w 0 0 0 w o a_ w .a o 'n a � E Z Q W w m a a v ❑ N M Y b N M Y `- I1 3. TECHNICAL INFORMATION w 3. Technical informationJOHNS N LP Our team has evaluated the technical requirements for this project to develop a detailed set of preliminary plans for both pipeline, treatment facilities, and site work. Collectively, we have worked on hundreds of projects in Collier County, and we have a firm understanding of the County's requirements and specifications. There is no learning curve for our team because we have already completed those lessons. We have collectively spent hundreds of hours collaborating on this project. Our team is ready to start this project immediately and ensure that the County's goals and requirements are met. Interim Treatment Plant The process design criteria for two 750,000 gallons per day interim wastewater treatment plants (WWTPs) considers the specified influent loading parameters provided by Collier County with the effluent parameters defined by FAC 62-610.510 for disposal via rapid infiltration basins (RIBS). The effluent limitation for nitrate concentration in the reclaimed water application to the RIBs shall not exceed 12 mg/L as nitrogen, which will require a nutrient reduction biological treatment process. The design selected for the NESA interim WWTP is the Modified Ludzack-Ettinger (MLE) process. The MLE process uses nitrate produced in the aeration zone as the oxygen source for facultative bacteria in the breakdown of raw wastewater in the anoxic basin. The first step in the treatment process is a pre -anoxic basin where influent raw wastewater, return sludge from the clarifier, and nitrogen -rich mixed liquor pumped from the effluent end of the aeration basin are mixed together. The raw wastewater influent provides microorganisms, and the anoxic recycle pumps provide nitrate as an oxygen source. The anoxic basin is mixed but not aerated. The basic RIB design criteria are provided by rule FAC 62-610 which defines hydraulic loading rates, setbacks, monitoring requirements, and hydrogeological protocols, as well as permitting concepts. Following the regulatory requirements, the RIB design layout extends beyond the Collier County designated site boundaries as shown on the project layout plan. This layout respects the 500 -foot setback from residential wells to the north, the 100 -foot setback from the lake to the south of the plant site, and is sized with a hydraulic loading rate of 1.9 gallons per day (GPD) per square foot. Major plant site facilities will include an operations building, electrical building, engine generator with fuel storage, sodium hypochlorite storage/metering pumping facility, plant site lift station, and two 750,000 GPD treatment units with associated process equipment. Also included are driveways, parking, sidewalks and drainage facilities. The treatment plants' process will be contained in ring -steel tankage. Both treatment units will include: Collier County I RPS No. 18-7474 1 January 8, 2019 2 6 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 0 o lechnical informationJOHNSJM N Interim Wastewater Treatment Design Parameters To meet the treatment requirements specified in Collier County "Design Criteria Package" dated October 10, 2018, and Exhibit J "Design Criteria for Wastewater Treatment Plant" dated October 10, 2018, the plants design includes the following using a peak flow factor of 2.75: Collier County I RPS No, 18-7474 1 January 8, 2019 % Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks I 3. Technical information Q/ JOHNS N .7 Interim Wastewater Treatment Plant Value Engineering Alternatives Our team has developed three alternative options for the interim treatment plant. These options result in various combinations of (1) lower initial cost, (2) lower operational cost, (3) reduced maintenance, (4) better use of treated effluent. Alternative #1 — Defer Design/Construction of One Wastewater Treatment Plant and Reduce RIB Disposal System Alternative #1 delays construction of one 750,000 gallon per day treatment unit until flow demand reaches 50% of the plant capacity. With this proposal, two RIBs will be constructed, allowing space for the third RIB to be added when the second wastewater treatment unit is scheduled. All facilities of the base project will be designed, installed and constructed for the full 1,500,000 gallons per day build out capacity to include: The advantages of Alternative #1 include the following: Alternative #2 — Design/Construct the Wastewater Treatment Plants to EPA-FDEP Class One Standards with Effluent Quality (Reclaimed Water) for Public Access Irrigation Disposal This alternate includes design, permitting and construction of an upgraded treatment process to meet irrigation quality effluent standards. The process modifications to the base design will include filtration and high-level disinfection. Additional requirements include influent grit removal, standard wet weather storage and substandard effluent storage with pumping facilities to return substandard effluent to the plant headworks, Effluent pumping and connecting pipeline will be constructed to the project's IQ 7.5 million gallon pre -stressed concrete tank that has a 5 -day capacity for wet weather storage. This alternate will include substandard effluent storage of 1.5 million gallons in a lined pond with a return pump station. Additional effluent sampling, monitoring and controls will be included. The effluent standards for slow rate public access irrigation system are as follows: Note: Continuous monitoring is required for chlorine residual and turbidity. collier county I RPS No. 18-7474 1 January 8, 2019 2Q Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks VV 3. technical information LOCIIJOHNS,N It will be necessary to permit the effluent reuse irrigation sites with the Florida Department of Environmental Protection that can be approved for a regional area. To support a regional reuse application, hydrogeologic features need to be documented. Alternative #2 offers the following advantages relative to the base bid: )osal because it does not ffluent and use of the IQ s 3 (nutrient removal not req due to elimination of'exte uire construction of RIBs age tank and pumping fa RIBs earthwork and eliminati Alternative #3 — Closed Loop Reactor Process within Glass Fused Bolted Steel Tankage Alternative #3 includes design, permitting and construction of using the Closed Loop Reactor (CLR) process that will exceed the Collier County WWTP design effluent standards in a "circular" packaged configuration with clarifiers in the inner tank. The CLR process provides an environment for both nitrifying and denitrifying organisms in a single channel configuration. Autotrophic nitrifier populations result in a high MLSS concentration, increased aerobic detention time, and long sludge age to achieve nitrification. The CLR process design is expected to consistently produce effluent NH3-N levels of less than 1 mg/L with proper control of aerobic conditions and can provide total nitrogen levels as low as 5 mg/L with proper control of anoxic conditions. The denitrification process recovers 50% of the total alkalinity lost during the nitrification process while lowering overall energy costs by reducing oxygen requirements and inhibiting filamentous bacteria growth. The Alternative #3 wastewater treatment facilities includes the following facilities: Three CLR plants rated for 750,000 gpd ADF flow at a 2.75 peaking factor Inlet bar screen and flow splitter box mounted above the plants with walkw Two aerobic digester tanks designed for 15 SRT with four blower units, wi Dual path chlorine contact tank with vertical turbine effluent pumping unit! nent drains and scr Ing to RIBS distributi meet Collier County alled by Florida Aqu See the attached Lakeside Equipment Corporation Drawing D105863 -S showing the CLR process plant arrangement. An overview of the Lakeside Equipment Corporation proposal for Collier County NESA WWTP is as follows: This equipment proposal design is based on 17 hours detention time and organic loading of 22 lbs. BOD per 1,000 ft'. The side water depth is 12.5 feet in the reactor and 12 feet in the clarifier. The clarifier diameter is 60 ft. with the outer diameter of 106 feet. Collier County I RPS No, 18-7474 1 January 8, 2019 29 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks 3. Technical informationL� JOHNS N Advantages of Alternative #3 include the following: IQ Storage Tank & Pump Station The project will include a pre -stressed composite concrete irrigation quality water storage tank having an inside diameter of 180 feet and usable capacity of 7.5 million gallons. The tank is constructed on a heavily reinforced concrete base slab with mild steel reinforcing bars. A steel diaphragm is erected to the full height of the tank wall to ensure water tightness. The composite tank wall is constructed using high strength shotcrete, reinforcing bars, and steel wire wrapped around the tank in a continuous helix with successive layers of shotcrete applied. Finally, a free span dome is constructed of cast in place concrete. A PAX Water Technologies water mixer will be installed in the IQ tank with controls to meet Collier County standards. An altitude valve will be installed connecting the inlet piping to the tank. Metering and SCADA controls to monitor flows, and tank level will be provided. The prefabricated IQ pump station design will consider irrigation demands for projects listed in Collier County criteria Exhibit L. Suction piping will extend from the IQ tank to the pump skid with discharge piping connecting to the irrigation transmission main. The IQ pump station will have a firm station capacity of approximately 4,000 GPM at 70 to 100 PSIG with 4 vertically mounted split case double suction type pumps with 100 -horsepower 460/3/60 power, 1800 RPM TEFC motors mounted on a structural steel frame. The interim IQ pump station will be designed for outdoor use to include pumps, motors with VFDs, piping, valves, fittings, and controls all mounted on a single skid. This pump station will be complete with SCADA control, including a generator receptacle connection with transfer switch for auxiliary power. Potable Water Storage Tank, High Service Pumps & Chloramine Facilities The project will include a pre -stressed composite concrete potable water storage tank having an inside diameter of 180 feet with a usable capacity of 7.5 million gallons. The tank is constructed on a heavily reinforced concrete base slab with mild steel reinforcing bars. A steel diaphragm is erected to the full height of the tank wall to ensure water tightness. The composite tank wall is constructed using high strength shotcrete, reinforcing bars, and steel wire wrapped around the tank in a continuous helix with successive layers of shotcrete applied. Finally, a free span dome is constructed of cast in place concrete. A PAX Water Technologies water mixer will be installed in the tank with mixer controls to meet Collier County standards. An altitude valve will be installed connecting the inlet fill piping to the tank. Metering and SCADA controls to monitor flows and tank level will be provided. The prefabricated potable water pump station design will consider anticipated development demands over the next 10 years as provided by CollierCounty in project documentation. Suction piping will extend from the potable water tank to the booster pump skid with discharge piping connecting to the potable water transmission main. A piping loop will be provided with meter, valves, sample lines, and chemical injection taps for chloramine / disinfection control. The booster pump station will have a firm station capacity of approximately 5,000 GPM (considering 3,500 GPM fire demand) at 70 to 100 PSIG with 4 vertically mounted split case double suction type Collier County I RPS No. 18-7474 1 January 8, 2019 3 0 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks a i 3. Technical information � JOHNSON pumps with 100 -horsepower 1800 RPM TEFC motors and one vertically mounted jockey pump with 25 -horsepower 1800 rpm TEFC motor, all mounted on a structural steel frame. The interim potable water pump station will be designed for outdoor use to include pumps, motors with VFD's, valves, fittings and controls all mounted on a single skid. This prefabricated station will be complete with SCADA controls including a generator receptacle and transfer switch for auxiliary power The chloramine facilities will include an ammonia sulfate system with a 55 -gallon liquid storage tank and package metering feed pump unit skid, and a sodium hypochlorite system with a 55 -gallon liquid storage tank and package metering feed pump unit skid, complete with analyzers, sample piping, feed piping and controls. The chloramine systems will be housed in a prefabricated 10 -foot by 20 -foot FRP building set on a reinforced concrete slab. The building will include room dividing wall, ventilation, lighting, and access doors. An emergency eye wash and shower will be provided. The intent of the chloramine facilities is to maintain sufficient disinfection residual in the potable water system provided for this project. Electrical, Instrumentation & Control (EI&C) and Integration Services Plans and specifications for power systems will be developed in accordance with County requirements for types, approved manufacturers, and functionality. Electrical facilities will include electrical rooms, protective device selective coordination and short circuit analyses, service entrance equipment, electrical utility coordination, emergency backup power systems, surge protection, switchgear, switchboards, motor control centers, site lighting, security system design, miscellaneous electrical loads, and other distribution equipment as required. Control systems will include control panel layouts and schematics, and instrumentation systems will include transmitters, actuators, and electrical details. Our team will provide integration services, including development of the sequence of operations for the plant and sub -systems, control system integration with OEM equipment, programming for programmable logic controllers and the associated operator interface terminals, programming and screen development for the SCADA IFIX system, network architecture design, and commissioning, startup, and operator training. Site Development Constructing the interim treatment plant site is expected to require large amounts of fill material to bring the RIBS up to the required elevation (three feet above seasonal high-water table). Our team proposes to construct the lakes shown on the Carollo plans to the east of the interim facility and use excavated material as fill on the interim site, This will avoid the need to purchase and haul fill from other areas and provide significant cost savings for this project. In addition, the lakes will be partially to fully excavated, which will eliminate that work when constructing the future facility. The RIBs will be constructed to maintain required setbacks from public water supply (PWS) wells. We know the County plans to place PWS wells on the site in the future. In addition, there are residential PWS wells located near the project site. Our team has identified RIB layouts that meet setbacks and accommodate treatment facilities that will be added in the future. The north site access road will need to cross an existing canal. We propose to utilize a land bridge to cross the canal in lieu of a structural solution. This will reduce costs and is similar to an existing canal crossing located to the west of the site. Our team is confident that we can design and permit the land bridge. Collier County I RPS No. 18-7474 1 January 8, 2019 31 Northeast Service Area (NESA) Interim Wastewater Treahent Plant, Storage Tanks 3. Technical information JOHNS NILPq Utility Pipelines We understand that the County desires to avoid deep pipelines on the treatment plant site. The main area of concern for this would be the canal crossings. Due to new permitting requirements, all water body crossings trigger review by the USAGE. In the past, water body crossings that went from upland to upland could avoid USAGE review, but this is no longer the case. Since USAGE review will be necessary, we propose to utilize aerial crossing over the east canal at 415' Avenue NE in lieu of directional drilling. This will avoid deep pipelines onsite and represents the same permitting burden for this project. The canal crossing at 20th Street NE is proposed to be installed via open -cut in the proposed land bridge site access. Utility pipelines will be installed mostly in areas that currently have no pipelines in the ground. As such, conflicts with existing utilities will generally be non-existent. However, conflicts with drainage infrastructure may occur, and our team will develop alignments in the field to mitigate impacts on these facilities. Immokalee Road will be crossed at two locations for this project. Due to spatial constraints, directional drilling is not feasible at 39th Avenue. Jack and boring may be possible, but it is an expensive option. Our team proposes to open -cut the crossing at 391h Avenue. We believe this is feasible option due to limited traffic and cost considerations. The crossing at Everglades Boulevard could be constructed via directional drilling if the stub -outs can be located further in the private property to the north where future development is anticipated. However, open -cut installation is likely to be the most cost-effective option at this location as well. Environmental Permitting A critical timing element related to permitting the proposed WWTP and utility mains revolves around the U.S. Army Corps of Engineers (USAGE) dredge and fill permit. As proposed, the project crosses USAGE jurisdictional wetlands and/or surface waters. Past applications to use directional drilling beneath wetlands and surface waters were reviewed under the State Programmatic General Permit (SPGP), where USAGE enables the FDEP to review certain qualifying proposals on its behalf. Recent changes to the SPGP process have eliminated this permitting avenue for projects crossing jurisdictional wetlands and/or surface waters using HDD methods, potentially requiring an individual permit for the proposed work. Recent USAGE review times for individual permits currently take between 18 and 24 months. Therefore, it is critical to initiate the USAGE dredge and fill permit process as soon as possible to reduce the overall permitting timeline and avoid delays. Review of the request by USAGE may also require consultation with the U.S. Fish and Wildlife Service (USFWS) for potential impacts to federally listed species. Adopted survey protocols for certain species (including the Florida bonneted bat, Audubon's crested caracara and bald eagle) require surveys to be conducted during specified times of the year due to weather conditions and breeding cycles. Additionally, USFWS survey protocols often require that the entire nesting season must be included in the survey for it to be considered valid. For that reason, it is advantageous to conduct species-specific surveys that may be required by USFWS early during the project design phase to avoid missing a portion of a required survey season (thus delaying the survey until the following season). Construction Plans Our team has invested the time and effort up front to prepare preliminary construction plans for this project. These plans I include the treatment plant site, facilities, and utility pipeline alignments. These plans have been used to generate our proposed project schedule and guaranteed maximum price. in addition, these plans will enable us to get an early start on FDEP water/wastewater permitting. We have successfully used this approach to acquire FDEP permits using preliminary plans on another design -build project. Finally, we will work closely with the County to finalize these plans and successfully complete this project. CONSTRUCTION PUNS NORTHEAST SERVICE �,PLANT. STORAOETANKS - INTERIM WASMVATERTR cowry cZ6 imi.ma i .. ('iOtliel CoHHiy COWFA NDMY. FLORIDA +� incan.+,w paoa cu++-avni Collier County I RPS No. 18-7474 1 January 8, 2019 32 Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks L• E9 AVIS Co rer Cot3.nty Administrative Services Division Procurement services Date: November 6, 2018 Email: evelyn.colon@colliercountyf1.gov Telephone: (239) 252-2667 Addendum 1 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Step 2: 18-7474 — Design Build of Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines The following change is made to the above mentioned Collier County solicitation: PRE -PROPOSAL CONFERE NCE:7 TBD November 13, 2018 at 2:OOPM If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation, 12/28/2018 (Signature) Date Mitchell & Stark Construction Company, Inc. (Name of Firm) CAO Im COTAW C01411ty Adminlstralive Services Division Procurement Services Date: October 22, 2018 Email: evelyn.colon@colliercountyfl.gov Telephone: (239) 252-2667 Addendum 2 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 Step 2: 18-7474 — Design Build of Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines The following change is made to the above mentioned Collier County solicitation: See attachment: Exhibit J - NESAITP Wastewater Treatment Design Criteria If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Mitchell & Stark Construction Company, Inc. (Name of Firm) 12/28/2018 Date CAO Co ler County Administrative Services Division Procurement services Date: October 24, 2018 Email: evelyn.colon@colliercountyfl.gov Telephone: (239) 252-2667 Addendum 3 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 Step 2: 18-7474 — Design Build of Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines The following change is made to the above mentioned Collier County solicitation: Change 1. Attachment: Question and Answers Change 2. Exhibit H.1 - Additional Collier County EPMD SCADA and VFD Standards 102018 Change 3. NESA ITP Design Criteria Package Guidance to Proposers #1, 102018 CP If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return naacopy of this Addendum with your submittal for the above referenced solicitation. 12/28/2018 (Signature) Date Mitchell & Stark Construction Company, Inc, (Name of Firm) Co Meir CouHty Administrative Services Division Procurement Services Date: October 29, 2018 Email: evelyn.colon@colliercountyfl.gov Telephone: (239) 252-2667 Addendum 4 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # Step 2: 18-7474 — Design Build of Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines The following change is made to the above mentioned Collier County solicitation: Change 1. Attachment: 102518 Response If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Mitchell & Stark Construction Company, Inc. (Name of Firm) 12/28/201.8 Date Co -Yer County Administrative Services Division Procurement Services Date: November 1, 2018 Email: evelyn.colon@colliercountyfl.gov Telephone: (239) 252-2667 Addendum 5 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 5 Step 2: 18-7474 — Design Build of Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines The following change is made to the above mentioned Collier County solicitation: unan a -i. RPS OPENING DAY/DATEITEgE: Novembe U ^1° a.3;nno�1 Januar-0,2 19at 3:OOPM If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a (Signature) of this Addendum with your submittal for the above referenced solicitation. Mitchell & Stark Construction Company, Inc. (Name of Firm) 12/28/2018 Date Co ger CouftCy Administrative Services Division Procurement Services Date: November 8, 2018 Email: eveIyn.colon@colliercountyfl.gov Telephone; (239) 252-2667 Addendum 6 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 6 Step 2: 18-7474 — Design Build of Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines The following change is made to the above mentioned Collier County solicitation: Change 1. Extend Q&A period: Quesfiens: 5— Q8A Deadline: Noy 2, 2018 &00�00 PM ED Questons: 5 Q&A Deadline; Dec 31, 2018 5:00:00 PM EDT If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Mitchell & Stark Construction Company, Inc. (Name of Firm) 12/28/2018 Date co -k Ca Ier County Administrative Services D'svision Procurement Services Date: December 3, 2018 Email: evelyn.colon@colliercountyfl.gov Telephone: (239) 252-2667 Addendum 7 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 7 Step 2: 18-7474 — Design Build of Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines The following change is made to the above mentioned Collier County solicitation: Change 1. NESA Ground Water Storage Tanks Spec Attachment 112818-1 If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Mitchell & Stark Construction Company, Inc. (Name of Firm) 12/28/2018 Date 0 Co ier Goulity Adminisi alive Services DiAslon Procurement Services Date: December 6, 2018 Email: evelyn.colon@colliercountyfl.gov Telephone: (239) 252-2667 Addendum 8 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 8 Step 2: 18-7474 — Design Build of Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines The following changes are made to the above-mentioned Collier County solicitation: Change 1. Mandatory Pre -Proposal Meeting, December 12, 2018 at 3:30PM Change 2. Add Technical Specifications Section 15114, GST Miscellaneous Valves and Appurtenances. Change 3. Section 2.0 — Project Team Approach (10 pages4nax 25 pages max) if you require additional information, please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a -copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Mitchell & Stark Construction Company, Inc. (Name of Firm) 12/28/2018 Date 001L County Administrative Services Division Procurement Services Date: December 11, 2018 Email: evelyn,colon@colliercountyfl.gov Telephone: (239) 252-2667 Addendum 9 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 9 Step 2: 18-7474 — Design Build of Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines The following changes are made to the above-mentioned Collier County solicitation: Change 1. The following files are updates to previously provided information or responses: • 391h Avenue Water Main Record Drawings titled "39th Avenue NE Water Main Record Drawings,pdf' and "2018 -11 -16 -RECORD (SITE).pdf' • "PM-729CD-1 Dbl rdr Stanchion spec sheet.pdf' • "PAX Mixer 10-31-18.docx" and "Submittal No. PAX Mixer,pdf' • "Box Frame Cantilever Slide Gate Ornamental R5a.pdf' and "Tymetal-Fortress- Box-Frame-Cantilever-Slide-Gate-ORN.pdf' If you require additional information, please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a_cgpy of this Addendum with your submittal for the above referenced solicitation. (Signature) Mitchell & Stark Construction Company, Inc. (Name of Firm) 12/28/2018 Date Co ger County Adminlstrative Services Division Procurement Services Date: December 21, 2018 Email: evelyn.colon@colliercountyfl.gov Telephone: (239) 252-2667 Addendum 10 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 10 Step 2: 18-7474 — Design Build of Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines The following changes are made to the above-mentioned Collier County solicitation: Change 1. General information, clarifications and answers to questions by proposers: 1) Collier County reserves the right to require Contractor to assign some or all its agreements with material suppliers directly to the County in order to save state and local sales tax. 2) Phase 1 of the BCIRP project (our Segment 2) has received a SFWMD Dewatering Permit (Permit Number: 11-04012-W) for underground utilities which is attached for your reference. You may use this permit for dewatering by following the permit conditions as they apply including the parameters of depth, duration, quantities, and control outlined in the permit. 3) The successful proposer will be required to unload Segment 2 prepurchased pipe and valves and coordinate delivery schedules with Ferguson. 4) Provide and install the office trailer at the site of the Heritage Bay Wastewater Master Pump Station (15430 Collier Boulevard) and relocate it to Segment 3 upon completion of the required infrastructure (water, wastewater and power). 5) ERP permitting has been initiated by Stantec and will be transferred the Engineer of Record upon receipt of a Notice to Proceed. 6) High level disinfection is not required for this project. 7) As stated at the second presubmittal meeting, the wastewater treatment plant shall contain segmented air headers so that portions of the treatment train can be used as an anoxic zone. 8) The design potable water fire flow may be reduced to 3,500 gpm. 9) There is no need to cross roadways for future potential pipeline connections. 10) The Design/Build team EOR shall certify all construction. 11) The required Maintenance building shall be a 30' by 50' pre-engineered metal building with at least one garage door and one man -door and a concrete floor. Location shall be confirmed by the EPMD project team. 12) Landscape and irrigation requirements are currently unknown but will be required and paid for through a landscape allowance. C�� 13) The Design/Build team will not be responsible for any mitigation costs. 14) Extend pipelines by 10 feet at the eastern end of Segment 4 (into Collier Village formerly known as Rural Lands West) 15) Entire site (excluding Segment 2) shall be cleared except for cedar trees. 16) Contractor will not be responsible for any environmental impacts associated with the site. 17) There will be no payment for rock excavation. 18) Install electrical duct bank in Segment 2 per CDM original plan previously provided. 19) If the Design/Build team elects to use HDPE pipe outside of segment 2, the pipe sizes shall be increased in size to accommodate loss of hydraulic capacity. Change 2. Add Technical Specifications Section. 1) Add the following specification: Section 01590, Construction Field Office Questions to be addressed in Technical Approach and/or Presentation: 1) How quickly will your team be able to negotiate a contract upon BCC authorization to negotiate with the top ranked firm? 2) How quickly will you mobilize and begin work upon receipt of a Notice to Proceed (NTP)? 3) Explain how you can complete Segment 2 by September 1, 2019. What can you do to expedite this date? 4) What is your philosophy for designing and constructing this project? If you require additional information, please post a question on the Online Bidding site or contact me at the information noted above. EXHIBIT C — Price Proposal Page Include In Separate Sealed Envelope with Technical Proposal Package COLLIER COUNTY PRICE PROPOSAL FORM SOLICITATION: 18-7474 PROJECT DESCRIPTION: DESIGN -BUILD OF NORTHEAST SERVICE AREA (MESA) INTERIM WASTEWATER TREATMENT PLANT, STORAGE TANKS AND ASSOCIATED PIPELINES. 'ROPOSED CONTRACT TIME: _ Days Substantial; _Total Days (to Final) Item Description Unit Quantity Price Design -Build LS TOTAL LUMP SUM PRICE F.5 AL LUMP SUM PRICE INCLUDING PARTNERING and DESIGN -BUILD FIRM NAME: DESIGN -BUILD FIRM ADDRESS: DESIGN -BUILD FIRM SIGNATURE: PRINTED NAME: TITLE: Provide in & Bradstreet Rating: Include in Separate Sealed Envelope with Technical Proposal Packag "Addendum 11 1/3/2019 (Signature) Date Mitchell & Stark Construction Company, Inc. (Name of Firm) C90 Co 1'er C.ou11ty Administrative Services Division Procurement Services Date: January 2, 2019 Email: evelyn.colon@colliercountyfl.gov Telephone: (239) 252-2667 Addendum 12 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum 9 12 Step 2: 18-7474 — Design Build of Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines The following changes are made to the above-mentioned Collier County solicitation: Change 1. REVISED GMP AND PROPOSAL BOND If you require additional information, please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and returnjcopy of this Addendum with your submittal for the above referenced solicitation. (Signature) Mitchell & Stark Construction Company, Inc. (Name of Firm) 1/3/2019 Date CdLier CouHty AdmInistrabve Services Division Procurement Services Date: January 7, 2019 Email: evelyn.colon@colliercountyfl.gov Telephone: (239) 252-2667 Addendum 13 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 13 Step 2: 18-7474 — Design Build of Northeast Service Area (NESA) Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines The following changes are made to the above-mentioned Collier County solicitation: i e 1. RPS OPENING DAY/DATErVIME; January 8, 2019 at 3:OOPM If you require additional information, please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Mitchell & Stark Construction Company, Inc. (Name of Firm) 1/7/2019 Date 3. Technical informationM JOHNS N W= 2018 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# 845897 Entity Name: MITCHELL & STARK CONSTRUCTION CO., INC. Current Principal Place of Business: 170 W FIRST STREET MEDORA, IN 47260 Current Mailing Address: P.O. BOX 219 MEDORA, IN 47260 FEI Number: 35-0964820 Name and Address of Current Registered Agent: PENNER, BRIAN R 6001 SHIRLEY STREET NAPLES, FL 34109 US FILED Jan 10, 2018 Secretary of State CC1915288966 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing Its registered office or registered agent, or both, In the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title TREASURER Name HARRISON, FRED C Address 6236 WEST CR 50 NORTH City -State -Zip: MEDORA IN 47260 Title VAS Name SCAFIDI, DAVID C Address 2229 SW 50TH STREET City -State -Zip: CAPE CORAL FL 33914 Title VAS Name WESTHAFER, MICHAEL P Address 4510 PINE ROAD City -Slate -Zip: FORT MYERS FL 33908 Title ASST. SECRETARY Name SPARKS, CONNIE S. Address 367 E. STATE ROAD 250 City -State -Zip: BROWNSTOWN IN 47220 Title PRESIDENT Name PENNER, BRIAN R Address 6540 HUNTERS ROAD City -State -Zip: NAPLES FL 34109 Title VAS Name NEAL, LEO D Address P.O, BOX 368325 City -State -Zip: BONITA SPRINGS FL 34136 Title DIRECTOR Name PENNER, JEANNE M Address 6540 HUNTERS ROAD City -State -Zip: NAPLES FL 34109 Title ASST, SECRETARY Name PENNER, MITCHELL KEITH Address 6540 HUNTERS ROAD City -State -Zip: NAPLES FL 34109 I hereby certify that the information indicated on this report or supplemental report Is true and accurate and that my electron(- signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all otherlike empowered. 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